Ceremonial - In Memory of the Late the Right Honourable Sir Edward McTiernan KBA BA LLB - Canberra

[1990] HCATrans 1

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H I G H C O U R T O F A U S T R A L I A

CEREMONIAL SITTING

IN MEMORY OF

THE LATE THE RIGHT HONOURABL~ SIR EmrJmD McTIERNAN,

K.B.E., B.A., LL.B

MONDAY, 5 FEBRUARY 1990

at

CANBERRA

MASON CJ: It is fitting that this afternoon at the

commencement of the sittings of the Court we should

express our tribute to Sir Edward McTiernan who died

on 9 January.

Sir Edward was born at Glen Innes on 16 February

1892.       He was educated at the Marist Brother High

School, Sydney, and at the University of Sydney where he graduated in Arts and Law with first class

honours. He was admitted to the Bar in 1916 and,

before commencing practice, was an associate to

Mr Justice Rich. In 1920 he was elected a member of

the New South Wales Legislative Assembly and became

Attorney-General for the State in that year, being,

at that time, the youngest person to hold that office.

He held the office of Attorney-General from 1920 to

1922 and again from 1925 to 1927, when he returned to

the Bar and was Challis Lecturer in Roman Law at the

University of Sydney for two years. In 1929 he was

elected to the House of Representatives.

In the following year he resigned his seat in

the House in order to take up his appointment as a

Justice of this Court on 20 December 1930. He

served in that office for forty-six years until his

retirement on 12 September 1976. It was the longest

term of office served by an Australian judge and it

surpassed the term of thirty-six years served by

Justice Douglas of the Supreme Court of the United

States. Sir Edward was knighted in 1951, was

appointed a Privy Councillor in 1963 and sat on the

Judicial Committee of the Privy Council in 1972. He was

Acting Chief Justice of this Court on many occasions.

Sir Edward had a profound knowledge and .

appreciation of the law and literature, a knowledge

and appreciation that contributed to the clarity of

thought and expression which were the hallmarks of

his judgments. Viewed in their totality, they

exhibit a remarkable consistency of thought and

decision over such a long period of judicial service.

Sir Edward's unfailing kindness and courtesy were

appreciated by all who appeared before him and sat

with him.

Sir Edward made a great contribution to the

public life of this country in law and politics.

We extend our deepest sympathy to Lady McTiernan.