Tasmanian Chief Justices

Tasmanian Chief Justices

Sir John Lewes Pedder (1824-1854):

John Lewes Pedder was born on 10 February 1793 in London. After completing his law studies he was called to the Bar in 1820, he practiced as a Chancery barrister. In 1823 Pedder applied for the office of Chief Justice of Van Diemen’s Land and was subsequently appointed to the position in August. Pedder and his wife arrived in HobartTown in March 2004. The Supreme Court of Tasmania first opened on 10 May 1824. Pedder was also appointed a member of both the Legislative Council and the Executive Council.

Of significance, in his early years as Chief Justice, Pedder dealt with the question of trial by jury determining that there was to be trial by jury in the Supreme Court but not the inferior courts. Also, in 1825 an Order in Council abolished the right of appeal from the Chief Justice’s decisions to the governor of New South Wales. During his years as Chief Justice, Pedder was appalled by the severity of the criminal code and tended to give the prisoners the benefit of every possible doubt. He also often persuaded the lieutenant-governor to pardon prisoners. In November 1938 the Chief Justice was knighted.

In 1851 the Legislative Council was reconstituted, having retired from the Executive Council in 1836 this meant Pedder stepped down completely from politics. Pedder suffered a stroke while hearing a case on 19 July 1854; soon afterwards he resigned as Chief Justice. Pedder returned to England in 1856 and died at Brighton on 24 March 1859.

Sir Valentine Fleming, Kt (1854-1869):

Valentine Fleming was born on 13 November 1809 in Ashby-de-la-Zouch, Leicestershire, England. He graduated from TrinityCollege, Dublin with Honours in 1834. He was called to the Bar in 1838. Fleming was appointed Commissioner of the Insolvent Debtors' Court in HobartTown in 1841.

Fleming became solicitor-general in 1844. In this role he was often called upon to advise Lieutenant-Governor Sir William Denison and the Legislative Council. He gave Dennison the advice that the lieutenant-governor had the power to remove or suspend a judge from the bench, which led the first Tasmanian puisne judge, Alganon Montagu, being amoved from office by Denison on 31 December 1847. Soon afterwards, in 1848, Fleming became attorney-general and he became an official member of the Tasmanian Legislative Council in 1851.

On 19 August 1853 a select committee was appointed to draft a new constitution, of which Fleming was a member. Fleming then became appointed Chief Justice of the Supreme Court of Tasmania on 7 August 1854. He was knighted in 1856. In his fifteen years as Chief Justice one of the most important cases Fleming dealt with was the well-known constitutional case of Hampton v. Fenton. Fleming held for the plaintiff and on an appeal to the Privy Council his judgment was upheld.

When Fleming retired in 1870 he was presented with an illuminated address testifying to his ability, care, courtesy and constant impartiality from members of the Bar. After his retirement Fleming went to England but returned to Tasmania as acting chief justice from 1872 to 1874. He then acted as deputy-governor for a few months after which he returned to England where he became a magistrate for Surrey. Fleming died near Reigate on 21 October 1884.

Sir Francis Villeneuve Smith, Kt (1870-1885):

Francis Smith was born on 13 February 1819 in Lindfield, Sussex, England. The Smith family moved to Van Diemen’s Land in 1826, settling in Campania near Richmond. However, he returned to England to further his education. On 27 May 1842 Smith was called to the Bar and in October 1844 he was admitted to the Tasmanian Bar.

In 1848 he was appointed acting solicitor-general. In 1851 he became a member of the Tasmanian Legislative Council and soon after, in 1854, became Attorney-General. In 1855 he was a member of the Executive Council and was elected to the Tasmanian House of Assembly in 1856. While remaining the attorney-general on 12 May 1857 Smith also became the fourth Premier of Tasmania. He held office until 1 November 1860 becoming the first Premier of Tasmania to hold office for more than a year

Smith was appointed to the Supreme Court Bench in 1860. The following year he helped found the Tasmanian Club and was its first president. He was knighted in 1862. On 5 February 1870 Smith became Chief Justice of the Supreme Court of Tasmania. This made him the first Australian to hold office as a chief justice after having been a premier. While Smith gave judgments that were well reasoned and supported at times he proved to be argumentative in court often engaging in heated exchanges with counsel and witnesses. If his own interests were involved his anger tended to consume his decision making process.

In December 1883 Smith left Tasmania on twelve months leave and then retired in 1885 and remained in England. He died of senile asthenia and pneumonia on 17 January 1909.

Sir William Lambert Dobson, KCMG (1885-1898):

William Lambert Dobson was born on 24 April 1833 at Carr Hill, Gateshead, Durham, England. Dobson travelled to Australia with his parents arriving in HobartTown on 16 July 1834. He was educated at ChristCollege and the HutchinsSchool. After leaving school Dobson commenced work as a clerk in the Police Magistrate’s Office and he then travelled back to England in 1853. Dobson was called to the Bar on 6 June 1856 and returned to Tasmania at the end of 1856 where he was admitted to practice as a barrister on 22 January 1857.

In 1859 Dobson was appointed crown solicitor. Dobson represented Hobart in the House of Assembly from 1861 to 1862. On 6 February 1861 he became attorney-general and remained in office until January 1863. Dobson then represented CampbellTown in the House of Assembly in 1864. Dobson was elected leader of the opposition and led the opposition in the assembly from June 1864 to November 1866. As a member of parliament he brought in the act which made education compulsory, giving Tasmanian the first compulsory education in Australia, and he was also responsible for the act abolishing imprisonment for debt. On 24 November 1866 Dobson again became attorney-general and held this position until 5 February 1870.

In 1870 Dobson was appointed a puisne judge in the Supreme Court of Tasmania, at just 36 years of age. In 1884 he acted as Chief Justice, and on 2 February 1885 became appointed Chief Justice. Dobson acted as deputy-governor in 1884, 1886-87 and 1892-93. Dobson was the first chancellor of the University of Tasmania, president of leading sporting bodies, president of the Tasmanian Council of Education and vice-president of the Royal Society of Tasmania, and trustee of the TasmanianMuseum and ArtGallery. Dobson was knighted in 1886 by Queen Victoria on a visit to London and appointed K.C.M.G. in 1897.

Dobson remained Chief Justice until 17 March 1898 when, after having visited the burnt-out districts of Southern Tasmania as chairman of the central committee of the Bush Fires Relief Fund, he contracted a fever and died in Hobart. It has been stated that during his judicial career Dobson never had a decision reversed by a higher court.

Sir John Stokell Dodds, KCMG (1898-1914):

John Stokell Dodds was born in Yorkshire in 1848. He moved to Australia with his family arriving in HobartTown on 24 September 1853. He was educated in Hobart and admitted as a legal practitioner of the Supreme Court of Tasmania in September 1872. Within a few years he had built up a large practice as a barrister and solicitor

In 1878 Dodds was elected to the House of Assembly and within a month of his election he became attorney-general in December 1878. In 1886 he was one of the representatives for Tasmania at the first session of the Federal Council of Australasia in Hobart. He was appointed a member of a select committee to prepare standing rules and orders for the council, and a member of the standing and finance committees.

The government decided that Tasmania should be represented at the Colonial Conference in London in 1887 and Dodds was appointed one of the representatives of Tasmania. Prior to leaving for the Conference Dodds had signed an undated acceptance of the position of puisne judge, and was appointed to the bench on 15 February. He held this position for 12 years and on 20 October 1898 he became appointed Chief Justice. As Chief Justice he administered the government from 14 August 1900 to 8 November 1901.

Dodds was appointed C.M.G. in 1889, knight in 1900 and K.C.M.G. in 1901. He was appointed lieutenant-governor on 3 August 1903 and held this position until he died. He acted as governor from 16 April to 28 October 1904, from 21 May to 29 September 1909 and from 10 March until 4 June 1913. In 1914 Dodds announced that he would retire in August, but he died at his home in New Town on 23 June 1914. As chancellor of the University of Tasmania from 1907 to 1914, president of the Art and other societies, Dodds did much to foster the cultural life of Hobart.

Sir Herbert Nicholls, KCMG (1914-1937):

Herbert Nichollswas born on 11 August 1868 at Ballarat West, Victoria. In 1883 Nicholls moved to Hobart. He was admitted to the Bar in 1892. Nicholls was elected to the House of Assembly in 1900 and from 1903-04 he held the position of attorney-general. Nicholls was one of the founders of the official Tasmanian Law Reports in 1905. In 1906 Nicholls became the leader of the Opposition and remained in office until 1 January 1909 when he was appointed a puisne judge of the Supreme Court of Tasmania. As a judge Nicholls was conservative, tending to interpret the law to maintain the status quo. On 1 July 1914 Nicholls was appointed Chief Justice.

From 1914 onwards Nicholls sat on many royal commissions and he was also active in the recruiting campaigns of World War I. He was knighted in June 1916. Nicholls was administrator of Tasmania in March-July 1917, February-April 1920 and 1922-24. In 1927 he was appointed KCMG. From 23 December 1930 to 4 August 1933 Nicholls held office as lieutenant-governor. During the Depression years he accepted reductions of 83 per cent in the governor's and 25 per cent in the Chief Justice's salaries and organised and chaired the Citizens' Relief Committee. Nicholls became interested in law reform and initiated an amendment to the Jury Act 1899 in 1936 which allowed majority verdicts in criminal cases.

Nicholls retired from the bench on 1 November 1937 and died in Hobart on 11 November 1940.

The Hon Sir Harold Crisp, Kt (1937-1940):

Harold Crisp was born on 27 July 1874 in Hobart. He was educated at Christ’s College. On 16 April 1896, Crisp was admitted to the Bar of the Supreme Court and entered into partnership with his father. Crisp was known for his brilliance at the Bar, and by 1904 was appearing regularly in important cases. On 1 August 1914 he was appointed a puisne judge of the Supreme Court of Tasmania and on 2 November a member of the Executive Council.

Crisp stepped in as acting Chief Justice in 1924, at which time the Supreme Court of Tasmania celebrated its centenary which was celebrated by a special sitting of the Full Court in Hobart. He also acted as administrator of the government in 1930 while Chief Justice Herbert Nicholls was absent due to illness. Crisp was appointed to the position of Chief Justice on 21 December 1937. During his time on the bench he was respected by the legal profession and the public for his integrity, courtesy and patience. In June 1938 Crisp was knighted.

In July 1939 Crisp became ill and he was granted a leave of absence due to his ill health. He then moved to DoubleBay, Sydney, where he retired on 14 April 1940. Crisp died there suddenly on 12 May 1942.

The Hon Sir John Demetrios Morris, KCMG (1940-1956):

John Demetrios Morris was born at Hawthorne, Melbourne on 24 December 1902. Morris graduated in Law from the University of Melbourne and was admitted to the Victorian Bar on 7 November 1927. In 1930 Morris and his wife moved to Tasmania where he was admitted to the Tasmanian Bar on 24 October 1930. He joined the firm of A. G. Ogilvie which became Ogilvie, McKenna & Morris in 1931. Morris quickly established a reputation as a legal all-rounder, known for his sharp intelligence and skill in interrogation. In 1938 Morris left the partnership to set up a legal practice on his own.

In June 1939 Morris filled in as acting Chief Justice of the Supreme Court of Tasmania and he was then appointed to the position in April 1940, at 37 years of age. The most well known case which he presided over whilst on the bench was that of Robert Cosgrove, the premier of Tasmania, who stood trial in February 1948, charged with bribery, corruption and conspiracy. Cosgrove was acquitted on all counts and resumed his premiership.

Morris became Chancellor of the University of Tasmania on 25 February 1944. In this position he managed to increase staff, to improve salaries and conditions, and began building at the new site for the university in SandyBay. Morris replaced the voluntary Workers’ Educational Association with the Adult Education Board which was sponsored and funded by the government. He served as foundation chairman of the Board from 1949 to 1956. In the years following the war Morris was a great contributor to cultural life in Tasmania. Morris was knighted in 1943 and appointed KCMG in 1952. He also stepped in as Administrator of the Government during the absence of the Governor and he was Chairman of the State Library Board in which role he assisted in the expansion of the free library scheme.

In 1955 there were calls for Morris to resign from the position of chancellor of the University of Tasmania, following accusations from the staff association that Morris was dominating council and a royal commission which, while recognising his contributions to the university, was critical of him. This public criticism undermined Morris’ health which was already suffering due to over-exertion. On 3 July 1956 Morris died in his Chambers in the Supreme Court in Hobart.

The Hon Stanley Burbury, KCMG, KCVO, KBE (1956-1973):

Stanley Burbury was born in Perth, Western Australia on 2 December 1909. He was educated at HutchinsSchool in Hobart and completed his LLB at the University of Tasmania in 1933. In 1934 Burbury was admitted to the Bar. As a lawyer he lectured at the Faculty of Law of the University of Tasmania and in 1950 he became Queen’s Counsel.

Burbury was appointed Solicitor-General for Tasmania in 1952. He was then appointed to the bench of the Supreme Court of Tasmania as Chief Justice in 1956. From 1967 to 1973 Burbury was the president of the National Heart Foundation of Australia.

Burbury remained Chief Justice until 1973 when, after having acted as Administrator for the State on three occasions, he became Governor of Tasmania. He was the first Governor of Tasmania who was born in Australia and the first Chief Justice to become Governor of Tasmania. Burbury was very popular in office, holding the position with dignity and throughout his nine years as Governor avoided any controversy. He retired from the position of Governor in 1982.

Burbury was awarded a number of imperial honours including KBE in 1958, KCVO in 1977 and KCMG in 1981. He was also a director of the Winston Churchill Memorial Trust. Burbury died on 24 April 1995 at Hobart. The University of Tasmania has a lecture theatre named after Stanley Burbury.

The Hon Sir Guy Stephen Montague Green, AC, KBE, CVO (1973-1995):

Guy Stephen Montague Green was born in Launceston on July 26 1937. He was educated at LauncestonChurchGrammar School and graduated from University of Tasmania with an LLB (Hons). He was admitted to the Bar in 1960 and became a partner in the Launceston firm of Ritchie & Parker Alfred Green & Company in 1963. Green was appointed a Magistrate in June 1971.

On 30 October 1973 Green was appointed to the Bench as Chief Justice, at just 36 years of age. Green was knighted as a Knight Commander of the Order of the British Empire (KBE) in 1982. In 1985 he became Chancellor of the University and held this position until 1995. Green was appointed a Companion of the Order Of Australia (AC) in 1994.

On 2 September 1995 Green resigned from his office as Chief Justice to become Governor of Tasmania making him the first Tasmanian born Governor appointed. Green was appointed a Commander of the Royal Victorian Order (CVO) in 2000 and was awarded the Centenary Medal in 2001.

In 2003 Green stepped in as acting Governor-General of Australia and became the Administrator of the Government in May for short period of time before retiring in August 2003. After his retirement Green continued to contribute to Tasmaniaas Chairman of Trustees of the TasmanianMuseum and ArtGallery, and chairman of the board of the 10 Days on the Island festival.

The Hon William John Ellis Cox, AC, RFD, ED (1995-2004):

William John Ellis Cox was born in Hobart on 1 April 1936. He was educated at St Virgil’s College, Hobart and XavierCollege, Melbourne. He graduated from the University of Tasmania with a BA, LLB in 1960 and was admitted to the Bar, in the Supreme Court of Tasmania, in March 1960. Cox practiced at Dobson, Mitchell & Allport from 1961 to 1976, first as an employee and then as a partner. He was President of the Bar Association from 1973 until 1975. Cox was appointed a Magistrate in 1976 and then became Crown Advocate (which later came to be called the Office of the Director of Public Prosecutions) for the next five years. He became Queen’s Counsel in 1978.

In 1982 Cox was appointed to the Supreme Court of Tasmania and was appointed Chief Justice in 1995, a position which he held until 2004. He was also appointed Lieutenant Governor of Tasmania from 1996 to 2004. Cox made an important contribution to legal education in the State by being a member of the Tasmanian Board of Legal Education from 1988 to 1998 and thereafter serving as Director of the Centre for Legal studies. Cox became Governor of Tasmania on 15 December 2004 and remained in the position until 2 April 2008. He was the second Tasmanian born Governor in the State’s history and the third Chief Justice to become Governor of Tasmania.

Cox was a member of the Army Reserve from 1954 to 1975. After retiring as an active member of the Army Reserve he was appointed Colonel Commandment of artillery for the Tasmanian Defence Region, a position which he held until 1997. Cox was the Deputy President of the Defence Force Disciplinary Appeal Tribunal from 1988 to 1995. In 1999 Cox was appointed as a Companion of the Order of Australia. He already held the Reserve Force Decoration (RFD) and the Army's Efficiency Decoration (ED) for service in the Royal Tasmania Regiment, including service in Vietnam. Cox was the National Chairman of the Winston Churchill Memorial Trust from 2000 to 2004. He was also involved with St John Ambulance Australia as State President from 2002 to 2004 and in recognition of his contribution he was awarded the Knight of Grace in the Order of St John.

The Hon Justice Peter George Underwood, AO (2004-2008):

Peter George Underwood was born in the United Kingdom on 10 October 1937. He moved to Australia in 1950. Underwood graduate from the University of Tasmania in 1960. After being admitted to the Bar he practiced at the firm Murdoch, Clarke, Cosgrove and Drake. From 1970 to 1983 Underwood was the Director of the National Heart Foundation.