Terence Higgins (judge)
Encyclopedia
Terence John Higgins is Chief Justice
of the Australian Capital Territory
, a territory of Australia
.
in Yarraville, Victoria
, and subsequently at St Edmund's College
in Canberra
. He undertook tertiary studies at the Australian National University
, Canberra soon after it separated from the University of Melbourne
. He received the George Knowles Memorial Prize at the Australian National University in 1962 and qualified with honours on his law degree
. In 1966, he married Anne.
After leaving university, he took articles in the Canberra firm of J J O’Neill Solicitors. On completion of his articles
, he was admitted as a barrister
and solicitor
of the Supreme Court of the Australian Capital Territory
in 1967. He remained there until he became a partner in the law firm Higgins Faulks & Martin. He was a partner there until 1984. The firm later was renamed Higgins Solicitors.
During his time as a solicitor, he was a member of the Council of the Law Society of the Australian Capital Territory between 1973 and 1983.
In 1984, Higgins moved to sole practice at the bar as a barrister. He was also admitted as a barrister in the Supreme Court of New South Wales
in 1984, and as a barrister in the Supreme Court of Victoria
in 1986, as each State of Australia had separate admission rules for barristers at the time. He served on the National Executive of the Australian Labor Party
between 1986 to 1987. He was appointed as a Queen’s Counsel in 1987. He served from 1988 until 1990 as Vice President of the Australian Capital Territory Bar Association. He was also a member of the Australian Capital Territory Gaming and Liquor Authority from 1987 to 1990 during that time.
. He is probably the last judge to hold both commissions. He was the Chairman of SEC Board from 1990 to 2003. He chaired the Community Law Reform Committee of the Australian Capital Territory from 1994 to 1996. He was also the National President of the Royal Life Saving Society of Australia from 1997 to 2003. He has served on the Australian Defence Force
's Health Research Committee (formerly called the Australian Defence Forces Medical Ethics Committee) since 1993.
Higgins was appointed as Chief Justice of the Australian Capital Territory on 31 January 2003.
He has delivered speeches at the National Press Club
, the International Criminal Law Congress, the Australian Judicial Conference and given the Sir Richard Blackburn
Lecture in 2006.
. The book included various allegations against a number of Australian political figures. Two of those figures were Peter Costello
and Tony Abbott
, members of the Australian Liberal Party. Ellis recounted an alleged conversation with Rodney Cavalier in which Cavalier was alleged to have stated that Abbott and Costello had been members of the right wing of the Australian Labor Party, and that both had changed political allegiances to the Liberal Party for sexual favours. Further allegations were made against each of their wives as well. The publisher could not produce evidence proving the truth of the allegations and conceded at the trial that each of the allegations were false, eventually recalling the book from sale, but not before 40% of the print run had been sold. Higgins heard the defamation claim in October and November 1998 and delivered his judgment in March 1999. Higgins upheld the plaintiffs’ claims for defamation and awarded damages against the publisher.
In May 2002, Higgins heard a defamation case brought by Richard Carlton
against television broadcaster Australian Broadcasting Corporation
. In this action, Carlton alleged that the corporation imputed that Carlton was guilty of "lazy journalism". This was in relation to a documentary produced by Carlton about the 1995 massacre of Muslims at Srebrenica
, Bosnia. The Media Watch program produced by the corporation alleged that the program was inspired by an earlier BBC
program entitled “A Cry From the Grave”, but for which no credit was given. During evidence before Higgins, Carlton who was watching the Media Watch program, gave evidence that he threw the glass of scotch he had been drinking at the television in disgust.
In his judgement delivered on 18 December 2002, Higgins found that the defendant’s publication conveyed the imputations of “plagiarism” and “lazy journalism”. Higgins in his judgment found that "the 60 Minutes
program was not plagiarized from the BBC program". However, Carlton’s claim was dismissed as the imputations were found to be fair comment, notwithstanding that they weren’t true. In dismissing the claim, Higgins said:
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the Australian Capital Territory
Australian Capital Territory
The Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...
, a territory of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
.
Early years
Higgins was born in 1943 in Hobart, Tasmania. He was educated at St Augustines Christian Brothers CollegeSt. Augustine's College, Yarraville
St. Augustine's College was an Australian Roman Catholic secondary college in Yarraville, Victoria. It was opened in 1942, and manned and run by the Congregation of Christian Brothers....
in Yarraville, Victoria
Yarraville, Victoria
Yarraville is a suburb 6 km west of Melbourne, Victoria, Australia. Its Local Government Area is the City of Maribyrnong. At the 2006 Census, Yarraville had a population of 12,726....
, and subsequently at St Edmund's College
St Edmund's College, Canberra
St Edmund's College, is a private, Catholic, day school for boys, located in Griffith, a suburb of Canberra, Australian Capital Territory, Australia.The college was established in 1954 by the Christian Brothers as St Edmund's War Memorial College...
in Canberra
Canberra
Canberra is the capital city of Australia. With a population of over 345,000, it is Australia's largest inland city and the eighth-largest city overall. The city is located at the northern end of the Australian Capital Territory , south-west of Sydney, and north-east of Melbourne...
. He undertook tertiary studies at the Australian National University
Australian National University
The Australian National University is a teaching and research university located in the Australian capital, Canberra.As of 2009, the ANU employs 3,945 administrative staff who teach approximately 10,000 undergraduates, and 7,500 postgraduate students...
, Canberra soon after it separated from the University of Melbourne
University of Melbourne
The University of Melbourne is a public university located in Melbourne, Victoria. Founded in 1853, it is the second oldest university in Australia and the oldest in Victoria...
. He received the George Knowles Memorial Prize at the Australian National University in 1962 and qualified with honours on his law degree
Law degree
A Law degree is an academic degree conferred for studies in law. Such degrees are generally preparation for legal careers; but while their curricula may be reviewed by legal authority, they do not themselves confer a license...
. In 1966, he married Anne.
After leaving university, he took articles in the Canberra firm of J J O’Neill Solicitors. On completion of his articles
Articled clerk
An articled clerk, also known as an articling student, is an apprentice in a professional firm in Commonwealth countries. Generally the term arises in the accountancy profession and in the legal profession. The articled clerk signs a contract, known as "articles of clerkship", committing to a...
, he was admitted as a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
and solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
of the Supreme Court of the Australian Capital Territory
Supreme Court of the Australian Capital Territory
The Supreme Court of the Australian Capital Territory is the superior court for the ACT. It has unlimited jurisdiction within the territory in civil matters , and hears the most serious criminal matters...
in 1967. He remained there until he became a partner in the law firm Higgins Faulks & Martin. He was a partner there until 1984. The firm later was renamed Higgins Solicitors.
During his time as a solicitor, he was a member of the Council of the Law Society of the Australian Capital Territory between 1973 and 1983.
In 1984, Higgins moved to sole practice at the bar as a barrister. He was also admitted as a barrister in the Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
in 1984, and as a barrister in the Supreme Court of Victoria
Supreme Court of Victoria
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state...
in 1986, as each State of Australia had separate admission rules for barristers at the time. He served on the National Executive of the Australian Labor Party
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
between 1986 to 1987. He was appointed as a Queen’s Counsel in 1987. He served from 1988 until 1990 as Vice President of the Australian Capital Territory Bar Association. He was also a member of the Australian Capital Territory Gaming and Liquor Authority from 1987 to 1990 during that time.
Judicial appointment
Higgins was appointed as a resident judge of the Supreme Court of the Australian Capital Territory in 1990, replacing Justice John Anthony Kelly QC. He was also commissioned as a judge of the Federal Court of AustraliaFederal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
. He is probably the last judge to hold both commissions. He was the Chairman of SEC Board from 1990 to 2003. He chaired the Community Law Reform Committee of the Australian Capital Territory from 1994 to 1996. He was also the National President of the Royal Life Saving Society of Australia from 1997 to 2003. He has served on the Australian Defence Force
Australian Defence Force
The Australian Defence Force is the military organisation responsible for the defence of Australia. It consists of the Royal Australian Navy , Australian Army, Royal Australian Air Force and a number of 'tri-service' units...
's Health Research Committee (formerly called the Australian Defence Forces Medical Ethics Committee) since 1993.
Higgins was appointed as Chief Justice of the Australian Capital Territory on 31 January 2003.
He has delivered speeches at the National Press Club
National Press Club (Australia)
The National Press Club is an association of primarily news journalists, but also includes academics, business people and members of the public service, and is based in Canberra, Australia. It was founded in the 1960s as the National Press Luncheon Club by a few journalists with the backing of the...
, the International Criminal Law Congress, the Australian Judicial Conference and given the Sir Richard Blackburn
Richard Blackburn
Sir Richard Arthur Blackburn OBE was a judge, prominent legal academic and former military officer in Australia. He became a judge of three separate courts in Australia, and eventually became chief justice of the Australian Capital Territory. In the 1970s he decided one of Australia's earliest...
Lecture in 2006.
Notable cases
One case which attracted media attention was Costello v Random House Australia Pty Ltd and Abbott v Random House Australia Pty Ltd. In that case, the defendant published a book titled Goodbye Jerusalem: Night Thoughts of a Labour Outsider, a book written by Bob EllisBob Ellis
Bob Ellis is an Australian writer, journalist, film-maker and political commentator. He was a student at the University of Sydney at the same time as other notable Australians including Clive James, Germaine Greer, Les Murray, John Bell, Ken Horler, and Mungo McCallum...
. The book included various allegations against a number of Australian political figures. Two of those figures were Peter Costello
Peter Costello
Peter Howard Costello AC is an Australian politician and lawyer who served as the Treasurer in the Australian government from 1996 to 2007. He is the longest-serving Treasurer in Australian history. Costello was a Member of the Australian House of Representatives from 1990 to 2009, representing...
and Tony Abbott
Tony Abbott
Anthony John "Tony" Abbott is the Leader of the Opposition in the Australian House of Representatives and federal leader of the centre-right Liberal Party of Australia. Abbott has represented the seat of Warringah since the 1994 by-election...
, members of the Australian Liberal Party. Ellis recounted an alleged conversation with Rodney Cavalier in which Cavalier was alleged to have stated that Abbott and Costello had been members of the right wing of the Australian Labor Party, and that both had changed political allegiances to the Liberal Party for sexual favours. Further allegations were made against each of their wives as well. The publisher could not produce evidence proving the truth of the allegations and conceded at the trial that each of the allegations were false, eventually recalling the book from sale, but not before 40% of the print run had been sold. Higgins heard the defamation claim in October and November 1998 and delivered his judgment in March 1999. Higgins upheld the plaintiffs’ claims for defamation and awarded damages against the publisher.
In May 2002, Higgins heard a defamation case brought by Richard Carlton
Richard Carlton
Richard Carlton was an English composer.He graduated from Clare College, Cambridge in 1577 and was at some time Master of Choristers at Norwich Cathedral. He is known mainly for his madrigals and was a contemporary of John Wilbye....
against television broadcaster Australian Broadcasting Corporation
Australian Broadcasting Corporation
The Australian Broadcasting Corporation, commonly referred to as "the ABC" , is Australia's national public broadcaster...
. In this action, Carlton alleged that the corporation imputed that Carlton was guilty of "lazy journalism". This was in relation to a documentary produced by Carlton about the 1995 massacre of Muslims at Srebrenica
Srebrenica
Srebrenica is a town and municipality in the east of Bosnia and Herzegovina, in the Bosnian Serb entity of Republika Srpska. Srebrenica is a small mountain town, its main industry being salt mining and a nearby spa. During the Bosnian War, the town was the site of the July 1995 massacre,...
, Bosnia. The Media Watch program produced by the corporation alleged that the program was inspired by an earlier BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
program entitled “A Cry From the Grave”, but for which no credit was given. During evidence before Higgins, Carlton who was watching the Media Watch program, gave evidence that he threw the glass of scotch he had been drinking at the television in disgust.
In his judgement delivered on 18 December 2002, Higgins found that the defendant’s publication conveyed the imputations of “plagiarism” and “lazy journalism”. Higgins in his judgment found that "the 60 Minutes
60 Minutes (Australia)
60 Minutes is an Australian version of the U.S television newsmagazine that premiered on 11 February 1979. It airs on Sunday nights on the Nine Network and is presented in much the same way as the American 60 Minutes program on which it is based...
program was not plagiarized from the BBC program". However, Carlton’s claim was dismissed as the imputations were found to be fair comment, notwithstanding that they weren’t true. In dismissing the claim, Higgins said:
“I am obliged to deny them damages, rightly so, as the defendants' freedom of speech, protected by fair comment, allows them to have published their opinions, however wrongheaded and prejudiced, without legal penalty. But that leaves the plaintiffs who have been falsely accused of plagiarism with no legal remedy. They have, by reason of my findings, vindicated their reputations, at least in my opinion. This is not a just result but it is the only conclusion to which I can come.”
Sources
- Federal Court of Australia - http://www.fedcourt.gov.au/aboutct/higgins.html
- Supreme Court of the Australian Capital Territory http://www.courts.act.gov.au/supreme/content/higgins_cj.asp?textonly=no
- Annual Report, ADHREC 2002. http://www.defence.gov.au/dpe/dhs/research/adhrec/reports/ADHREC_AnnualRep_2002.pdf
- Who’s Who Australia
- Richard George Carleton v Australian Broadcasting Corp [2002] ACTSC 127
- Costello v Random House Australia Pty Ltd and Abbott v Random House Australia Pty Ltd. (1999) ACTSC 013