Andrew Wallace (Fisher, Liberal National Party) Share this | Link to this | Hansard source

Today we remember and honour the life of Sir Anthony Mason, a man whose lasting contributions to the High Court of Australia continue to shape our legal landscape. Sir Anthony passed away just shy of his 101st birthday, leaving behind a legacy that will endure for generations to come. Sir Anthony was a former Chief Justice of Australia and one of Australia's greatest and most influential jurists. Throughout his remarkable career, Sir Anthony guided the High Court through some of the most significant legal reforms in Australian history. His judgements not only reshaped Australian law but also deeply influenced the social and political fabric of our nation. His work will continue to inspire and guide generations of lawyers, judges and citizens who seek a just and fair legal system.

Sir Anthony's career is marked by numerous landmark judgements and decisions that have shaped the Australian legal system, influencing the development of constitutional law, human rights and native title. As Chief Justice of the High Court, he was at the helm of some of the most significant legal reforms in Australian history, but perhaps he will most be known by the decision of Mabo v Queensland (No. 2) case, heard in 1992. This landmark judgement, which recognised native title for the first time, overturned the doctrine of terra nullius, or 'land belonging to no-one'. Under Sir Anthony's stewardship, the High Court recognised the rights of Indigenous Australians on this land, a legal shift that not only reshaped property law but had profound cultural and social implications for this country.

But Sir Anthony's influence extended far beyond Mabo. He was also instrumental in recognising the implied freedom of political communication in the Constitution through the Australian Capital Television case in 1992. This decision was instrumental in helping to safeguard political speech and preventing excessive government interference in legitimate public discourse. It was a judgement that has ensured that free expression on political matters remains protected and that the right to communicate freely is enshrined in our Constitution.

Sir Anthony also made a landmark judgement in the Franklin dam case in 1983. This case expanded the Commonwealth's legislative power, particularly in relation to environmental law. His judgement broadly interpreted the Commonwealth's external affairs power, allowing the federal government to legislate on matters relating to international treaties. It was a pivotal moment in Australian legal history that highlighted Sir Anthony's capacity to interpret the Constitution in a way that addressed contemporary concerns, balancing legal principles with national priorities.

Additionally, Sir Anthony's judgement in Cole v Whitfield in 1988 helped bring much-needed clarification to section 92 of the Australian Constitution, which deals with the free movement of goods across state boundaries. Sir Anthony's ruling in this case helped to end decades of inconsistent rulings and brought much-needed certainty to Australian commercial law, reinforcing the importance of clarity and fairness in legal interpretation. It was a decision that enhanced Australia's economic integration, ensuring that trade between the states was not hindered by unnecessary legal complexities.

Sir Anthony's legacy is not just in the decisions he delivered, but also in the way he shaped the High Court's approach to constitutional interpretation. His ability to adapt, to evolve and to interpret the law with a deep sense of justice and fairness is what set him apart as a truly visionary jurist.

To Sir Anthony's family, friends and colleagues, I offer my deepest condolences. The legal profession, our country and the world have lost a giant, but his legacy will live on in the decisions that he brought down, the principles he upheld and the justice that he sought.

While we mourn his passing, we also celebrate his extraordinary life and the immense contribution he made to the law of our nation. Sir Anthony's work shaped not only the course of Australian law but also the future of our country. His legacy will continue to guide us and his commitment to justice will remain an inspiration to us all. May we honour his memory by continuing to strive for the principles of fairness and justice that he held so dear.

Sitting suspended from 11:00 to 11:15

Andrew Leigh (Fenner, Australian Labor Party, Assistant Minister for Productivity, Competition, Charities and Treasury) Share this | Link to this | Hansard source

It is a pleasure to rise to pay tribute to Sir Anthony Mason, one of the most distinguished jurists Australia has ever produced. As an associate on the High Court of Australia to Justice Michael Kirby, I had the privilege of coming to know Sir Anthony Mason somewhat. He turned up as a surprise guest to a book launch we did in 2004 and was as gracious then as he was throughout his career.

Sir Anthony Mason served as an aircraftman in World War II, and his career began in the black-letter realm of the Sydney bar. Many at that stage would not have expected him to be the innovative jurist that he became later in his career. He served on the Supreme Court until 1972, when he was appointed to the bench of the High Court of Australia and was one of the last Australians to receive a knighthood. He served for 15 years as a puisne judge and then in 1987 was appointed Chief Justice. He retired in 1995 after reaching the constitutionally mandatory retirement age of 70.

As I said, his career began as a conservative judge, but he moved the court away from the strict legalism that had characterised the chief justiceship of Owen Dixon towards a more flexible approach, epitomised in cases such as Cole v Whitfield, Polyukhovich v Commonwealth and most notably during Mabo v Queensland (No. 2). The Mabo decision shook Australia. It got rid of that outdated falsehood of terra nullius, the idea that there was nothing here when European settlers arrived. Terra nullius is a doctrine to which no-one in the House or the Senate would today subscribe; not even our most extreme members of parliament would suggest that terra nullius is true, and yet, remarkably, that was the law of the land. With Mabo the notion of native title was introduced. There were critiques that it was overly activist, but, ultimately, native title has become a firm part of the Australian property law system.

In other decisions such as Dietrich v The Queen, the High Court under Sir Anthony Mason established that an accused was entitled to publicly funded legal representation. And there were important decisions on constitutionally implied freedom of political communication through Australian Capital Television Pty Ltd v Commonwealth and Nationwide News Pty Ltd v Wills. These decisions, though not unanimous, were important in shaping the notion of rights in Australia.

Sir Anthony Mason enjoyed a relatively quiet retirement. He served on the Hong Kong Court of Final Appeal, but he just popped up in interesting places, as he did in a pub in Sydney when four young Australians launched a book called Imagining Australia: Ideas for Our Future. A couple of us had served as High Court associates, but really I'm not quite sure why it was worth his time, except that he was always interested in big ideas and in the future of the country.

Sir Anthony Mason shaped Australia for the better and he shaped the Australian legal fabric for the better. He has left an indelible mark on law students, lawyers, judges and presidents alike and will be justly mourned and rightly recognised.

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