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Published online by Cambridge University Press: 24 January 2025
Garfield Edward John Barwick, born on 22 June 1903, is undoubtedly one of the most important Australians of the century. As counsel, Barwick had an important role in the landmark cases in the High Court and the Privy Council in the 1940s and the 1950s. As Attorney-General for the Commonwealth through 1958 to 1963, he was involved in initiatives in matrimonial causes, company law and trade practices. Sir Garfield's career also included service as Minister for External Affairs (1961-1964).
This book of his recollections and reflections has a clarity and force which come in part from its simplicity of style and in part from the personality of the author. It provides an important historical record of Sir Garfield's view of a number of key events in Australian history — especially Australian legal history. It also provides insight into the philosophy and values of this influential Australian lawyer.
1 Sir Garfield, Barwick, A Radical Tory: Garfield Barwick's Reflections and Recollections (1995) at 4-5Google Scholar.
2 Ibid at 11-12.
3 Ibid at 5, 16, 28, and 29.
4 Ibid at 28.
5 Ibid at 29.
6 Australian National University Law Society luncheon, 6 April 1979.
7 (1938) 59 CLR 556.
8 Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920) 28 CLR 129.
9 Bank of New South Wales v Commonwealth (1948) 76 CLR 1 (High Court); (1949) 79 CLR 497 (Privy Council).
10 Sir Garfield Barwick, above n 1 at 73.
11 (1988) 165 CLR 360.
12 Reid v Sinderberry (1944) 68 CLR 504.
13 Sir Garfield Barwick, above n 1 at 45.
14 Ibid at 275.
15 Australian Communist Party v Commonwealth (1951) 83 CLR 1.
16 Sir Garfield Barwick, above n 1 at 48.
17 Ibid.
18 Ibid at 135-139.
19 Ibid at 119-130.
20 Ibid at 143-151.
21 Ibid at 228.
22 Ibid at 229.
23 Sir Garfield Barwick, Sir John did his Duty (1983).
24 Sir Garfield Barwick, above n 1 at 292.
25 Professor Geoffrey Sawer, Federation Under Strain (1977) at 158-160.
26 Sir Garfield Barwick, above n 23 at 127.
27 Sir Garfield Barwick, above n 1 at 214-215.
28 Ibid at 293.
29 G A Rumble, “Sir Garfield Barwick's Approach to the Constitution” - unpublished PhD thesis ANU (1983).
30 Sir Garfield Barwick, above n 1 at 299.