Frank Gavan Duffy

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Richard O'Connor
Succeeded byJohn Latham
Personal details
Born(1852-02-29)29 February 1852
Dublin, Ireland
Died29 July 1936(1936-07-29) (aged 84)
Fitzroy, Victoria, Australia
RelationsCharles Gavan Duffy (father)
Charles Leonard Gavan Duffy (son)
George Gavan Duffy (half-brother)
Louise Gavan Duffy (half-sister)
EducationStonyhurst College
Alma materUniversity of Melbourne

Sir Frank Gavan Duffy

Victoria's most prominent barristers.[1]

Early life

Duffy was born in

Premier of Victoria
.

He travelled to Australia with his family in 1856, but later went to England to study at Stonyhurst College in Lancashire. In 1869, Duffy returned to Australia and attended the University of Melbourne, graduating in 1872 with a Bachelor of Arts.

At this time, he began to work in the public service, and started to study law.[1]'

Legal career

In 1874, Duffy was called to the Victorian Bar, and began practising as a barrister in 1875. Over the next few years, Duffy contributed to the second edition of Casey's Justices Manual, published in 1879, and in the same year founded the Australian Law Times. He edited this publication until 1883. Over the next twenty years, Duffy published many more works on various pieces of legislation.

Duffy was caught up in the

Victorian lawyer, and the unofficial leader of the Victorian Bar.[1]

Judicial career

Duffy in 1932

Duffy was appointed to the bench of the

Sir Isaac Isaacs was made Governor-General
, he took over as Chief Justice of the High Court. Gavan Duffy was considered largely ineffectual as a judge, let alone as Chief Justice.

As Chief Justice on the infrequent occasions he penned his own judgments they were extremely brief and he sat on less than half of the full court cases. He agreed to retire from the bench in 1935, at age eighty-three, to make way for John Latham.[6]

He had planned to deliver a series of lectures on

tercentenary early in 1936, but was too ill. He died after a brief illness on 29 July 1936, at Mount St Evin's Private Hospital, Fitzroy.[7] He was survived by his wife and three sons,[1] among them Charles Leonard Gavan Duffy, later a Justice of the Supreme Court of Victoria.[8]

Honours

Duffy was created a Knight Commander of the

Imperial Privy Council in 1932.[1]

Family

Duffy's son

Irish High Court, serving as its President from 1946 until his death in 1951. His half-sister Louise Gavan Duffy was raised in France by his sisters and was an Irish nationalist involved in the 1916 Easter Rising as well as an Irish language enthusiast who founded an Irish language school for girls in Dublin
.

References

  1. ^
    ISSN 1833-7538
    . Retrieved 8 February 2017.
  2. Australian Boot Trade Employees Federation v Whybrow & Co (1910) 11 CLR 311; R v Finlayson (1912) 14 CLR 675; Colonial Sugar Refining Co Ltd v Attorney-General (Cth) (1912) 15 CLR 182
    .
  3. S2CID 150169910
    .
  4. ^ Westbury, Dan (19 February 2018). "The Principle of Legality as a Reflection of the Constitutional Relationship between Parliament and the Courts". Australian Public Law. Retrieved 11 June 2023.
  5. ^ Clerk v Equity Trustees Executors & Agency Co Ltd (1913) 15 CLR 625; Huddart Parker Ltd v Commonwealth (1931) 44 CLR 492.
  6. ISBN 9781107043664
    .
  7. ^ "Great Jurist Dead". The Daily Telegraph. 30 July 1936.
  8. ISSN 1833-7538
    . Retrieved 8 February 2017.
Legal offices
Preceded by Chief Justice of Australia
1931–1935 		Succeeded by
Sir John Latham
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