Anthony Mason (judge) facts for kids

Quick facts for kids The Honourable Sir Anthony Mason AC KBE GBM KC
Mason c. 1968
Chief Justice of Australia
In office 6 February 1987 – 20 April 1995
Nominated by	Bob Hawke
Appointed by	Sir Ninian Stephen
Preceded by	Sir Harry Gibbs
Succeeded by	Sir Gerard Brennan
Justice of the High Court of Australia
In office 7 August 1972 – 6 February 1987
Nominated by	William McMahon
Appointed by	Sir Paul Hasluck
Preceded by	Sir William Owen
Succeeded by	Mary Gaudron
Judge of the Supreme Court of New South Wales
In office 1 May 1969 – 6 August 1972
Nominated by	Robert Askin
Appointed by	Sir Roden Cutler
Preceded by	New Seat
Succeeded by	Robert Hope
Personal details
Born	(1925-04-21) 21 April 1925 (age 100) Sydney, Australia
Relations	Harold Mason (uncle)
Education	University of Sydney

Sir Anthony Frank Mason (born 21 April 1925) is a very important Australian judge. He served as the ninth Chief Justice of Australia, which is the top judge in the country. He held this important role from 1987 to 1995. Before that, he was a judge on the High Court of Australia and the Supreme Court of New South Wales.

Early Life and Education

Sir Anthony Mason was born in Sydney, Australia, on April 21, 1925. He was one of four children. His father, Frank Maxwell Mason, was a surveyor and a World War I veteran.

Anthony Mason went to Kincoppal School and then Sydney Grammar School. He became interested in law because of his uncle, Harold Mason, who was a lawyer and politician. His mother also hoped he would become a lawyer.

In January 1944, Mason joined the Royal Australian Air Force (RAAF). He became a flying officer and trained as a navigator. He was discharged from the RAAF in September 1945.

After his military service, Mason studied arts and law at the University of Sydney. He graduated with top honors. He also worked for a law firm and as an assistant to a judge of the Supreme Court of New South Wales.

Becoming a Lawyer and Judge

Mason as Solicitor-General, wearing court dress

Mason became a lawyer in New South Wales. For five years, he taught law at the University of Sydney. Some of his students later became High Court Justices themselves.

In 1964, at age 39, Mason was chosen to be the new Solicitor-General of Australia. This is a very senior legal advisor to the Australian government. He was the first person to hold this job on its own. He helped create important administrative laws for the country.

In 1969, Mason became a judge of the Supreme Court of New South Wales. He served there until 1972. In that year, he was appointed to the High Court of Australia, which is the highest court in the country. He also received a knighthood, becoming "Sir" Anthony Mason.

Leading the High Court

After 15 years on the High Court, Sir Anthony Mason became the Chief Justice of Australia in 1987. He retired in 1995 when he reached the age of 70, which is the mandatory retirement age for judges.

As Chief Justice, Mason had a big impact on the High Court. He was known for being flexible in how he viewed past legal decisions (called "precedent"). He believed that precedent should guide judges, but not always force their decisions strictly.

Important Decisions as Chief Justice

During the years Sir Anthony Mason was Chief Justice, many important cases were decided. Here are a few examples:

• Cole v Whitfield (1988): This case was about understanding a part of the Constitution of Australia (Section 92). The Court looked at old records from the 1890s when the Constitution was being written. They also considered not just the legal effects of a law, but also its real-world effects on society or the economy.

• Mabo v Queensland (No.2) (1992): This was a landmark decision. The Court changed an old legal idea called terra nullius, which meant "land belonging to no one." Instead, they recognized "native title" for Indigenous Australians. This meant that Indigenous people could have rights to their traditional lands. This decision led to the Native Title Act 1993.

• Australian Capital Television v Commonwealth (1992) and Nationwide News v Wills (1992): These cases helped establish an important "freedom of political communication" in Australia. This freedom means people can talk about politics freely. The Court found this freedom was implied in parts of the Constitution that say Parliament is "chosen by the people."

• Dietrich v The Queen (1992): In this case, the Court decided that a person accused of a crime has a right to publicly funded legal help if they need it for a fair trial.

Life After the High Court

After retiring from the High Court, Sir Anthony Mason continued to work in law. From 1997 to 2015, he was a judge on the Court of Final Appeal (Hong Kong). He also served as President of the Court of Appeal of the Solomon Islands and was a judge on the Supreme Court of Fiji.

Besides his judicial roles, Mason was also the Chancellor of the University of New South Wales from 1994 to 1999. He was also a professor at the University of Cambridge and chaired the National Library of Australia Council.

His Role in a Big Political Event

Sir Anthony Mason was involved in a major event in Australian history: the dismissal of Prime Minister Gough Whitlam in 1975.

On November 11, 1975, the Governor-General, Sir John Kerr, dismissed Prime Minister Whitlam. Later, in 2012, some of Kerr's private papers were released. These papers suggested that Mason had advised Kerr that a Governor-General could dismiss a Prime Minister who couldn't get money approved by Parliament.

In response, Sir Anthony Mason shared his own story in newspapers. He confirmed that he had advised Kerr, as a friend, that the Governor-General did have this power. However, Mason stressed that he had warned Kerr many times that the Governor-General should only use this power after telling the Prime Minister first. This would give the Prime Minister a chance to call an election or resign.

Kerr did not warn Whitlam before dismissing him. Mason said that Kerr was worried Whitlam might try to dismiss him first if he knew about the plan. Mason also mentioned that he had helped draft a letter of dismissal for Kerr, but a "very different" letter was used in the end.

Mason stated that he believed Sir John Kerr acted according to his duty, except for not warning the Prime Minister beforehand.

Awards and Recognition

Sir Anthony Mason has received many honors for his long and distinguished career:

• He was made a Commander of the Order of the British Empire (CBE) in 1969.
• He became a Knight Commander of the Order of the British Empire (KBE) in 1972.
• He was made a Companion of the Order of Australia (AC) in 1988, which is a very high Australian honor.
• He received the Centenary Medal in 2001.
• He was awarded the Grand Bauhinia Medal (GBM) from Hong Kong in 2013.
• He has received honorary law degrees from many universities around the world, including ANU, Sydney, Melbourne, and Oxford.
• He is an Honorary Fellow of the Australian Institute of Building.
• He was elected a Fellow and then a Distinguished Fellow of the Royal Society of New South Wales.
• He is also a Life Fellow of the Australian Academy of Law.

See Also

• List of Justices of the High Court of Australia
• Chief Justice of Australia
• 1975 Australian constitutional crisis