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Gough Whitlam, AC QC, Former Prime Minister of Australia

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Gough Whitlam, AC QC, Former Prime Minister of Australia Edited by Christopher Sheil © Evatt Foundation ISBN-13: 978-0-9953752-4-6 pdf Address: Main Quadrangle (A14), University of Sydney NSW 2006 Facebook: facebook.com/EvattFoundation Twitter: @evattaus Website: evatt.org.au Email: [email protected] 40 years of public activism The Evatt Foundation was established in 1979 as a memorial to Dr Herbert Vere Evatt with the aim of advancing the highest ideals of the labour movement: equality, democracy, social justice and human rights. For 40 years, the Foundation has been pursuing this aim through research, publications, public discussion and debate. The Evatt Foundation was launched in the Great Hall of the University of Sydney on 27 September 1979. Before a large audience of supporters. inspirational speeches were made by: Sir Richard Kirby, the inaugural President of the Evatt Foundation, Sir Zelman Cohen, Governor-General of Australia, Neville Wran, QC MP, Premier of New South Wales, Bill Hayden, MP, Leader of the Federal Labor Party, Hal Missingham, former Director of the Art Gallery of New South Wales, Bob Hawke, President of the Australian Council of Trade Unions, and Faith Bandler, leader of the successful campaign to remove discriminatory provisions of the Constitution in the 1967 referendum on Aboriginal Australians. The vote of thanks was moved by Gough Whitlam, AC QC, former Prime Minister of Australia. To mark the 40th anniversary, this booklet publishes the five surviving original speeches. Over the four decades, the Evatt Foundation has been located in the Chief Secretary's Building (Macquarie Street, Sydney), the New South Wales Labour Council building, on the campus of the University of New South Wales and in the Sydney Trades Hall. In keeping with its origins and Dr Evatt's own career as a brilliant student, the Foundation has been affiliated with the University of Sydney since 2007. The Evatt Foundation has always enjoyed the support of a loyal membership base, and has established an enduring public profile through its program of seminars, conferences and publications. The guiding hand of the institution’s policy direction and management has been the Executive Committee. The names of all office holders since inception are recorded at the end of this commemorative booklet. Zelman Cowen edition has Harold Laksi’s foreword and Sir Kenneth Bailey’s introduction to the first edition, and my introduction to the second I am very pleased to participate in this edition. ceremony to inaugurate the Herbert Vere Evatt Memorial Foundation. Both as Governor- It was one of a number of books which made General, and as one who has had a deep and their appearance during his years on the High continuing interest in the law, I should like to Court Bench. The King and His Dominion pay my tribute to the memory of a Governors, as I have said, was published in distinguished Australian: a scholar, lawyer, 1936; Injustice Within the Law; A Study of the judge, political leader and President of the Case of the Dorsetshire Labourers in 1937; Rum General Assembly of the United Nations. Rebellion in 1938 and Australian Labour Leader: The Story of W. A. Holman in 1940. It is Others who will speak on this occasion will a record of scholarship and research of which have had much closer personal acquaintance a full-time scholar would be proud; much of with Dr Evatt than I. It happened that I met the work was done while he was actively him on very few occasions. I was his guest at a discharging the duties of High Court judge. luncheon in Parliament House when I was a Law Professor; I also saw him and spoke with I am sure that the ten years on the Bench of him in Melbourne. that Court from December 1930 to September 1940, when he resigned to enter politics, were I know his work special and rewarding. He came to the Court at much better; after his the age of 36 after a distinguished career as a death, I wrote a short student and then at the Bar. Every Australian appreciation of his law student knows, or at least remembers work as a member of something of the Engineers’ Case of 1920; and the High Court two notable Australians who were then very Bench; I also wrote young men, made their appearance as counsel an introduction to a in it. Robert Menzies appeared for the second edition of The claimant, and H. V. Evatt, as junior to Flannery King and His K.C. appeared for the State of New South Dominion Governors Wales, intervening. which was first published in 1936, and then in the second edition in 1967. Indeed the second A onetime teacher of law must curb the edition is a reprint with an introductory essay impulse to give an expansive account of the by me. I had no dealings with Dr Evatt’s family; course of Evatt’s interpretation of the as I recall, the late Dr Andrew Fabinyi of Constitution as a judge, and of his approach to Cheshire’s said that it was not desired that the other cases. I shall curb it, but I shall say that text of the book be amended and that a new during his years on the Bench, he had introduction could, hopefully, bring the case abundant opportunity to deal with material up to date. So it was that the second constitutional matters: matters which bore on EVATT FOUNDATION: 1979-2019 the notions of federal implications in the history, politics and sociology. Some of them, constitution, on the supremacy of surely, are classics. Commonwealth law, on the interpretation of taxing powers, on the scope of such powers as He returned to the Bench, to the distinguished defence, arbitration, trade and commerce, office of Chief Justice of New South Wales, after posts and telegraphs, and, in a celebrated his retirement from politics. His great work as judgment, he gave a broad interpretation to a judge was, however, done in his years as a the external affairs power. The well-known High Court judge. As Attorney-General, he had section 92 gave him plenty of scope for the an active interest in many legal issues, not expression of his views, notably in transport least the cause of constitutional reform. and marketing cases, and he came back to section 92 when, as Attorney-General and Of his years in politics as a minister, as Counsel for the Commonwealth, he argued the Attorney-General, and Minister for External Bank Nationalisation Case at the end of the Affairs, of his activities in the founding 1940s. Conference of the United Nations, which gave him international What I find prominence and particularly ‘The Foundation will organise seminars and which surely interesting in conferences to explore new approaches to contributed to his Australian and world problems bearing on Evatt’s work as a subsequent election human rights, civil liberties, industrial judge is his work in relations, social and economic development as President of the the non- and world peace.’ General Assembly, constitutional cases, others will and these provide doubtless speak. He the greater part of the jurisdiction of the High had a lively interest in the arts and sports, and Court, and they are varied. Evatt’s work in this Kylie Tennant, in her biography, stresses his field was distinguished; his judgements were deep interest in people and his human scholarly, searching, and revealed the breadth compassion. That is a great quality which no of his knowledge in the law and beyond. He good man, however high he rises, should ever had a keen awareness of the social lose. implications of issues and, as I said in my introduction to The King and His Dominion The Foundation which will help to preserve his Governors — and please let me quote a few memory, will provide scholarships and grants words from myself — Evatt’s judgements to students and researchers over a wide range established for him a permanent place in of academic endeavour. It will collect, Australian jurisprudence; they reflect great document, and preserve the history of the industry, a wide learning, and a range of Australian labour movement. The Foundation inquiry which often extended into the fields of will organise seminars and conferences to 6 EVATT FOUNDATION: 1979-2019 explore new approaches to Australian and Evatt and a Whitlam is secure indeed. world problems bearing on human rights, civil liberties, industrial relations, social and Your Excellency, we are honoured by your economic development and world peace. It is a presence this evening. Your presence places wide sweep, and it is a fair reflection of Dr the Foundation and the memory of Dr Evatt Evatt’s interests. He would, I am sure, be firmly where we, his colleagues and heirs of pleased to know that a memorial devised to the Australian Labor Party, deeply believe it honour him, will serve these, and all of these must now be, above the party and for the purposes. nation. He was the leader of our party but he ______________________________________________________ was the servant of Australia. Your Excellency’s His Excellency Sir Zelman Cowen, A.K., G.C.M.G., K.St.J., Q.C., presence is a gratifying remembrance and Governor-General of the Commonwealth of Australia. recognition of that fact. _____________________________________________________ In the same spirit, Sir Richard Kirby has Neville Wran generously consented to be the chairman of the Evatt Foundation. No living Australian commands greater respect from all sides, from It is altogether fitting that this meeting to all parties, from industry and from labour. In a launch the Herbert Vere Evatt Memorial field where it is proverbially impossible to Foundation should be in the Great Hall of the satisfy everybody and to please anybody, Dick University of Sydney, of which he was one of Kirby did in fact seem to achieve the the most distinguished graduates.
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