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Book Reviews 10.qxd 06/05/2005 15:15 Page 243 AQ This section requires attention to page layout and margins??? Book Reviews Philip Ayres, Owen Dixon, The Miegunyah Press, Melbourne, 2003 ISBN 0 522 85045 6 From time to time a great legal mind comes onto the judicial scene and Sir Owen Dixon was one of those. By the time of his death, in 1972 it was well accepted that his decisions in the High Court of Australia had shaped much of the common law world. The Chief Justice of NSW said of him: Sir Owen Dixon possessed the most formidable legal mind in all of our (Australian) history. … [H]is particular genius for reasoning and power and clarity of expression placed him in the first rank.1 Associate Professor Philip Ayres sets out this genius of Dixon’s in commendable detail in his book, Owen Dixon, published in 2003, well described as a book of ‘profound scholarship’.2 The book is written from the personal diaries kept by Dixon. These diaries are extensive and detailed and reveal aspects and judgments on the personalities of other major actors in his circle that are incisive and often devastatingly critical. The author skilfully allows the diaries to speak for themselves so that the reader is able to draw conclusions from the published material rather than through the author’s views of the material. Philip Ayres is Head of English Literature at Monash University, Australia. He is not legally trained and close reading of the legal aspects of the book reflect this. However, his work brings the considerable literary skills that probably would not be found in a legal author.3 The result is an excellent book. As Dixon spanned a long period of professional activity, in peace and wartime, in legal practice, judicial office and diplomatic roles a summary of his life is appropriate. Dixon was born in Melbourne in 1886, his parents’ only child. His father and mother were both of English background and at the time of Dixon’s birth his father was a practising Melbourne barrister. When his father went deaf he left the bar and joined his own brother in a solicitors’ practice in Melbourne. Later, driven by bouts of depression, Dixon’s father developed a serious alcohol problem. Dixon was educated at Hawthorn College where he shone as a scholar. During this time he found a love of the Greek classics that never left him and to which he returned after retirement from the bench. At Melbourne University he achieved outstanding results in his arts honours degree, especially in the classics. His family’s 1 Hon. JJ Spigelman AC, Chief Justice of NSW, in an address to launch the book on 22 May 2003; see www.lawlink.nsw.gov.au/sc and see prompts under ‘Speeches’ (visited 16 June 2003). 2 Geoff Lindsay SC, Owen Dixon: A Biography, in a review of the book in (2003) 23 Australian Bar Review 198. 3 The author had taken much trouble to seek the assistance of a number of highly regarded legal scholars and jurists to work with him. 10.qxd 06/05/2005 15:15 Page 244 244 International Trade & Business Law financial hardship prevented post-graduate studies at Oxford or Cambridge, which would have been the norm, and required him to go straight on to his law degree, which he obtained in 1908. His university years were ‘full of worry’4 as his father declined in spirit, health and income. Dixon had to help the family finances by working in his uncle’s firm. He also helped care for his father during his bouts of alcoholism. Dixon swore to his mother he would never drink and nor did he. In 1910 Dixon started at the Melbourne Bar and life was hard. However, because of his abilities he steadily gained reputation and income. Whilst at university and the junior bar, Dixon had professional contact with the people that interacted with him all his life. Robert Menzies, subsequently Victorian Solicitor-General and Australian prime minister, was his pupil. John Latham was later Commonwealth Attorney-General and Chief Justice of the High Court, appointed by Menzies, who also later appointed Dixon as Chief Justice. There were others. So it went on with a Melbourne coterie supporting each other into high office. In 1920 Dixon married Alice Brooksbank, daughter of Reverend Hubert Brooksbank and his wife Alice. In 1922, aged 36, he took silk, by which time he was regularly appearing in the High Court. Later that year he travelled to London to appear before the Privy Council seeking leave to appeal in the Engineers case,5 one of Australia’s major constitutional cases. In his various Privy Council cases Dixon came to know many of the leading British legal actors, including Sir Edward Pollock KC, Sir John Simon KC, WS Holdsworth (Vinerian Professor of Law) and Sir Douglas Hogg (later Lord Hailsham). Professor Ayres’s book and the diaries go on to develop further Dixon’s career over the 1920s, including a period as an acting justice of the Victorian Supreme Court, after which he noted that judicial office was not to his liking. Despite this Dixon accepted an appointment to the High Court in 1929 (from Latham as Attorney-General), replacing Higgins J. He joined Knox CJ, Isaacs, Duffy, Powers,6 Rich and Starke JJ (married to Duffy’s niece). He found a court where ‘everybody seemed to dislike everybody else’.7 Penetrating insights into the actual workings of the High Court are provided by Dixon’s diaries. Dixon’s first written judgment was for Rich J about a case on which Dixon had not sat.8 (Rich J later transgressed proper judicial conduct even further by having the judge from whom the appeal came write a draft judgment for him.)9 If the court was stressed as a working legal bench when Dixon joined it in 1929, it became almost dysfunctional after Evatt and McTiernan, two politicians appointed 4 Ayres, P, Owen Dixon, p 14. 5 Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920) 28 CLR 129; see also (1921) 29 CLR 406; (1921) 29 CLR 406. 6 For some details on Powers J, see White, M and Rahumtula, A, (eds), contributions in Queensland Judges in the High Court, to be published AQ update??? October 2003, Queensland Supreme Court Publication. 7 Letter Dixon to Latham, 7 April 1964, see Chapter 5, fn 1. 8 Book p 57. 9 Ibid, p 191. It was in 1949 and the judge was Clyne J of the Federal Court of Bankruptcy; Isaacs v McKinnon (1949) 80 CLR 502, where Rich J joined the majority in dismissing the appeal. Dixon dissented. 10.qxd 06/05/2005 15:15 Page 245 Book Reviews 245 by direction of the Labour Party Caucus, joined it in 1930.10 Dixon recorded that he wished to resign and that Starke treated them with contempt and, later, Starke ceased all communication with them.11 Dixon’s diaries show that he was frequently critical of Evatt and over the decade (the 1930s) lost faith in his probity.12 Notwithstanding this, in 1940, when Evatt resigned to enter politics again, he asked Dixon to prepare Evatt’s outstanding judgments ‘for propriety’s sake’.13 Dixon had the extraordinary ability of being liked and respected by, and being able to work with, people for whom he had a low regard. Australia went to war in 1939 in Europe, Africa and in the Pacific, along with much of the rest of the world. Dixon, who had recently returned from leave in England seeking medical assistance for the eyesight of one of his sons, offered Prime Minister Menzies his services. He was immediately appointed to the Central Wool Committee. Wool was a most important commodity in the war effort and Dixon had extensive experience having acted for many years for the Wool Board.14 In 1942 Prime Minister Curtin and Minister for Foreign Affairs Evatt offered Dixon the task of Australia’s ambassadorship to the USA, a vital position in the dark days of war in the Pacific and Europe. Dixon served in that post until 1944 and his diaries reveal his work with the world’s political leaders, including Roosevelt, Acheson and Churchill. He formed a close friendship with Dean Acheson that lasted for the remainder of their lives. During the war years Dixon served with great distinction as a minister in Washington in assisting the war effort and Australia’s part in it. His head of Chancery was Alan Watt and Keith Aitkin was his assistant15. During these years the diaries reveal that Dixon was much hampered by Evatt’s conduct as Minister for External Affairs. Dixon reported direct to Prime Minister Curtin. The book reveals that Dixon’s daughter Elizabeth, aged 14 at the time, recorded that whilst Evatt was staying at the Australian chancery with the Dixon family Evatt ‘behaved like a pig’.16 In 1944 Dixon returned to Australia with Alice and his children and resumed sitting in the High Court in November.17 He was sitting in Sydney about a year later when the final surrender was announced (15 August 1945). Later, in 1950, Dixon agreed to serve in a further diplomatic post, in this case to be the United Nations mediator in the dispute between India and Pakistan over Kashmir. His diaries reveal the enormous amount of work and travel he put into the task over some five months.18 In this endeavour he was, like so many others, unsuccessful. On completion he returned to his judicial work in the High Court.
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