The Barwick Approach
ADDRESS The Barwick approach The fifth annual Sir Garfield Barwick Address was delivered by the Hon Murray Gleeson AC QC on 20 August 2014.* It is now just on six years since I ceased to be chief justice of by being frozen in the Constitution. However, there it is, and as Australia, but when Sir Garfield Barwick1 was my age he was a result lawyers are becoming accustomed to the fact that there still vigorously discharging the responsibilities of that office. He is life after retirement, even, or perhaps especially, for senior retired at the age of 77, as had his predecessor, Sir Owen Dixon. judges. For most of the twentieth century, Justices of the High Court of Since experience remains a quality that is very useful to a lawyer, Australia were appointed for life, as federal judges in the United this is of practical importance. Sir Garfield Barwick was a prime States, including Justices of the Supreme Court, always have example of that quality. He was, for many years, the leader of been, and still are. the Australian Bar. I once read of commentary written by a In 1977, the Australian Constitution was amended so as to law teacher who said he made his name as a leading counsel require federal judges, including members of the High Court, for the banks in the Bank Nationalisation Case2. Such an to leave at the age of 70. I say ‘leave’ rather than ‘retire’ because observation fails to take account of the realities of professional I cannot think of anyone in the last 20 years who, upon leaving life.
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