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The Permanent Legacy

Published online by Cambridge University Press:  24 January 2025

WMC Gummow
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Extract

I begin by reminding you that in 1964 Sir Anthony was appointed Commonwealth Solicitor-General and that he continued in that office until 1969. This is a matter of some importance in charting his legacy in administrative law.

The Solicitor-General Act 1916 (Cth) (the 1916 Act) provided in s 2 for the appointment by the Governor-General of a person to be the Solicitor-General of the Commonwealth and to have such duties and functions as prescribed by or under any statute or as were delegated to him by the Attorney-General. The 1916 Act was repealed by the Law Officers Act 1964 (Cth) (the 1964 Act). This provided for the reconstitution of the office of Solicitor-General as the second Law Officer of the Commonwealth and made detailed provisions with respect to that office.

Type
Article
Information
Federal Law Review , Volume 28 , Issue 2 , June 2000 , pp. 177 - 186
Copyright
Copyright © 2000 The Australian National University

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References

1 House of Representatives, Parliamentary Debates (Hansard), 22 October 1964 at 2220.

2 House of Representatives, Parliamentary Debates (Hansard), 22 October 1964 at 2445.

3 [1990] 2 AC 85.

4 [1994] 1 AC 377.

5 Loughlin, M, “The State, the Crown and the Law” in M Sunkin and S Payne (eds), The Nature of the Crown (1999) 33 at 71-74Google Scholar; Cornford, T, “Legal Remedies Against the Crown and its Officers Before and After M” in M Sunkin and S Payne (eds), The Nature of the Crown (1999) 233 at 257-262Google Scholar.

6 He held that office from 1966 to 1969.

7 Mason, A, “Administrative Review: The Experience of the First Twelve Years” (1989) 18 FL Rev 122Google Scholar.

8 (1990) 170 CLR 321.

9 House of Representatives, Parliamentary Debates (Hansard), Second Reading Speech by the Attorney-General, Mr R J Ellicott QC, 28 April 1977 at 1395.

10 Statute Law (Miscellaneous Provisions) Act (No 2) 1983 (Cth), s 3 and Sch 1.

11 (1990) 170 CLR 321.

12 (1986) 162 CLR 24.

13 (1985) 159 CLR 550.

14 See Abebe v Commonwealth (1999) 162 ALR 1.

15 (1995) 183 CLR 168 at 178-188.

16 Sydney Morning Herald, 5 November 1999 at 9.

17 (1999) 168 ALR 8.

18 Commissioner of Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501 at 558.

19 Mason, A, “The Place of Equity and Equitable Remedies in the Contemporary Common Law World” (1994) 110 LQR 238Google Scholar at 238. See also Bateman's Bay Local Aboriginal Land Council v The Aboriginal Community Benefit Fund Pty Ltd (1998) 194 CLR 247 at 257-260 and Corporation of the City of Enfield v Development Assessment Commission (2000) 169 ALR 400 at 406-407 and 416-417.

20 (1977) 137 CLR 461 at 474-475.

21 (1990) 170 CLR 1 at35-36.

22 1 Cranch 137 (1803) [5 US 87].

23 (1990) 170 CLR 321 at 341.

24 The Tramways Case [No 1] (1914) 18 CLR 54.

25 A recent example is the legislation considered in Re McJannet; Ex parte Minister for Employment, Training and Industrial Relations for the State of Queensland (1995) 184 CLR 620 at 639 and 651-652.

26 (1978) 139 CLR 482 at 495.

27 (1979) 143 CLR 190.

28 Ibid at 230-231.

29 (1978) 142 CLR 113.

30 Ibid at 126-127. See also the reiteration of these views by J, Mason in The Queen v Gray; Ex parte Marsh (1985) 157Google Scholar CLR 351 at 375-376.

31 Ibid at 127.

32 (1938) 59 CLR 369 at 391-392.

33 (1990) 170 CLR 321 at 341.

34 After Chevron USA Inc v Natural Resources Defense Council Inc 467 US 837 (1984).

35 Sunstein, C, “Must Formalism Be Defended Empirically?”, (1999) 66 U Chicago LR 636 at 660CrossRefGoogle Scholar.

36 467 US 837 at 842-844 (1984).

37 Corporation of the City of Enfield v Development Assessment Commission (2000) 169 ALR 400 at 412-414 and 417-418.

38 R v Alley; Ex parte NSW Plumbers & Gasfitters Employees' Union (1981) 153 CLR 376 at 390.

39 (1982) 153 CLR 402 at 411.

40 (1985) 159 CLR 178 at 183-184.

41 Ibid at 184.

42 (1981) 151 CLR 170.

43 (1982) 151 CLR 342.

44 Ibid at 346.

45 (1981) 151 CLR 170 at 224.

46 (1982) 151 CLR 342 at 365.

47 Ibid at 365-366.

48 M Suskin and S Payne (eds) above n 5.