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Sir Anthony Mason

Published online by Cambridge University Press:  24 January 2025

Leslie Zines
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Extract

Anthony Frank Mason came to the notice of many in the legal profession early in his career. He was admitted to the New South Wales Bar in 1951 and three years later had his first significant success in a constitutional challenge to provisions of the Bankruptcy Act, arguing that provisions purporting to give power to the registrar were contrary to Chapter III of the Constitution. Shortly afterwards he endeavoured to appear for Fitzpatrick in the proceedings before the House of Representatives against his client and Browne for contempt of Parliament but he was denied permission. He has said that that experience had a considerable effect on his outlook in respect of the principles of natural justice and the importance of the courts in protecting the citizen.

In 1964 he was appointed Solicitor-General of the Commonwealth. While he was the fourth person to hold that position (the others being Garran, Knowles and Bailey) he was the first Solicitor-General who was not also Secretary of the Attorney-GeneralIs Department. His main duties were, therefore, to act as counsel and adviser to the Commonwealth. This gave him insights into the institutions and organisation of government which no doubt played their part in the formation of his later judicial views on public law.

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Article
Information
Federal Law Review , Volume 28 , Issue 2 , June 2000 , pp. 171 - 175
Copyright
Copyright © 2000 The Australian National University

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References

1 R v Davison (1954) 90 CLR 353.

2 Tay, A and Kamenka, E (eds), Law Making in Australia (1980) at 18Google Scholar.

3 Victoria v Commonwealth (1975) 134 CLR 338 at 395.

4 (1990) 170 CLR 321.

5 Ibid at 337.

6 (1988) 165 CLR 360.

7 Saunders, C (ed), Courts of Final Jurisdiction (1996) at 13Google Scholar.

8 Dugan v Mirror Newspapers Ltd (1978) 142 CLR 583; State Government Insurance Commission v Trigwell (1979) 142 CLR 617 at 633; Australian Conservation Foundation v Commonwealth (1980) 146 CLR 493 at 552.

9 (1868) LR 3 HL 330.

10 (1966) 120 CLR 145.

11 Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520; Northern Territory v Mengel (1995) 185 CLR 307; Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479; David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353; Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107.

12 Renard, I, “Fair Dealing and Good Faith” in C Saunders (ed) above n 7 at 71-80Google Scholar; Mason, A, “The Place of Equity and Equitable Remedies in the Contemporary Common Law World” (1994) 110 LQR 238Google Scholar.

13 (1980) 147 CLR 39.

14 Ibid at 52.

15 (1951) 83 CLR 1.

16 R v Toohey; ex parte Northern Land Council (1981) 151 CLR 170 at 220 per J, Mason; FAI Insurances Ltd v Winnecke (1982) 151 CLR 342Google Scholar.

17 R v Toohey; ex parte Northern Land Council (1981) 151 CLR 170.

18 For example, New South Wales v Commonwealth (Incorporation Case) (1990) 169 CLR 482.

19 (1982) 150 CLR 169.

20 Ibid at 182.

21 Ibid at 207-208.

22 (1982) 153 CLR 168.

23 (1983) 158 CLR 1.

24 (1983) 6 UNSWLJ 234 at 236.

25 (1989) 168 CLR 461.

26 (1992) 177 CLR 292.

27 (1991) 171 CLR 468.

28 (1994) 179 CLR 427. See also Plenty v Dillon (1991) 171 CLR 635.

29 (1992) 175 CLR 1.

30 Ibid at 42.

31 (1992) 177 CLR 106.

32 Ibid at 138.

33 Theophanous v Herald and Weekly Times Ltd (1994) 182 CLR 104.

34 Lange v Australian Broadcasting Corporation (1997) 189 CLR 520.