Sir Alan Russell Taylor
KBE
KBE may refer to:
* Knight Commander of the Most Excellent Order of the British Empire, post-nominal letters
* Knowledge-based engineering
Knowledge-based engineering (KBE) is the application of knowledge-based systems technology to the domain o ...
QC (25 November 1901 – 3 August 1969) was an
Australian
Australian(s) may refer to:
Australia
* Australia, a country
* Australians, citizens of the Commonwealth of Australia
** European Australians
** Anglo-Celtic Australians, Australians descended principally from British colonists
** Aboriginal Aus ...
judge who served as a Justice of the
High Court of Australia
The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation.
The High Court was establi ...
from 1952 until his death in 1969.
Early life
Taylor was born in 1901 in
Newcastle, New South Wales
Newcastle, also commonly referred to as Greater Newcastle ( ; ), is a large Metropolitan area, metropolitan area and the second-most-populous such area of New South Wales, Australia. It includes the cities of City of Newcastle, Newcastle and Ci ...
. Brought up in an
Anglican
Anglicanism, also known as Episcopalianism in some countries, is a Western Christianity, Western Christian tradition which developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the ...
family, Taylor initially wanted to join the church, but obtained a job as a public servant while waiting to study to be a priest, and was eventually employed in the office of the
Solicitor-General of Australia
The solicitor-general of Australia (officially the solicitor-general of the Commonwealth) is the country's second highest-ranking law officer, after the Attorney-General for Australia. The current officeholder is Stephen Donaghue, who took offi ...
, where he developed an interest in law.
Taylor studied at
Fort Street Boys' High School
Fort Street High School (FSHS) is a Education in Australia#Government schools, New South Wales government run, Mixed-sex school, co-educational, Selective school (New South Wales), academically selective, secondary school, secondary day school, ...
and the
University of Sydney
The University of Sydney (USYD) is a public university, public research university in Sydney, Australia. Founded in 1850, it is the oldest university in both Australia and Oceania. One of Australia's six sandstone universities, it was one of the ...
, graduating with a Bachelor of Laws degree, with honours, in 1926. Later that year, he was admitted to the
New South Wales Bar
The New South Wales Bar Association is a professional body of lawyers responsible for the regulation of the legal profession in the state of New South Wales, Australia. The body administers the bar examination in accordance with the Legal Profe ...
. In 1933, he married Ceinwen Williams, with whom he would later have a son and a daughter.
Career as a lawyer
From 1933 to 1938, he was a Challis Lecturer in the law school at the University of Sydney, teaching
equity and company law. He was made a
King's Counsel
A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...
in 1943, and began to have an increasing number of appearances before the High Court. From 1947 to 1948, Taylor represented the banks in the famous
Bank Nationalisation case
The ''Bank Nationalisation Case'', also called ''Bank of New South Wales v Commonwealth'' (1948) 76 Commonwealth Law Reports, CLR 1, is a 1948 decision of the High Court of Australia (upheld #Privy Council decision, on appeal to the Privy Counc ...
, as part of a team led by future
Chief Justice of Australia
The chief justice of Australia is the presiding justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. The incumbent is Stephen Gageler, since 6 November 2023.
Constitutional basis
Th ...
Garfield Barwick
Sir Garfield Edward John Barwick (22 June 190313 July 1997) was an Australian judge who was the seventh and longest serving Chief Justice of Australia, in office from 1964 to 1981. He had earlier been a Liberal Party politician, serving as a ...
, also including future High Court colleague
Frank Kitto
Sir Frank Walters Kitto, (30 July 1903 – 15 February 1994), Australian judge, was a Justice of the High Court of Australia.
Early life and education
Kitto was born in Melbourne in 1903, but his family moved to Sydney, when his father, Ja ...
. From 1948 to 1949, Taylor was President of the New South Wales Bar Association.
Judicial career
Taylor was made a Judge of the
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian States and territories of Australia, State of New South Wales. It has unlimited jurisdiction within the state in civil law (common law), civil matters, and hears ...
in 1952, and later that year, on 3 September, he was appointed to the bench of the High Court. He was appointed following the retirement of
John Latham and the elevation of
Owen Dixon
Sir Owen Dixon (28 April 1886 – 7 July 1972) was an Australian judge and diplomat who served as the sixth Chief Justice of Australia. Many consider him to be Australia's most prominent jurist.Graham Perkin �Its Most Eminent Symbol Hidde ...
as Chief Justice earlier in the year. According to
David Marr, Taylor was never as close to Dixon as some of the other justices, such as Kitto or
Fullagar, and had a blunter judicial style than Dixon.
Dixon was succeeded in 1964 by Garfield Barwick. Taylor had worked with him on a number of cases, including the Banks case, and they shared some common views on
Australian constitutional law
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Legal cases regarding Australian constitutional law are often handled by the High Court of Austr ...
, as well as having a similar judicial style. Although Taylor worked better with Barwick than with Dixon, all of his colleagues agreed that he was a hard-working and congenial judge.
Taylor was made a
Knight Commander of the Order of the British Empire
The Most Excellent Order of the British Empire is a British order of chivalry, rewarding valuable service in a wide range of useful activities. It comprises five classes of awards across both civil and military divisions, the most senior two o ...
in 1955,
and was appointed to the
Privy Council in 1963. At the invitation of the
Lord Chancellor
The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ra ...
,
Baron Gardiner
Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or knight, ...
, Taylor spent three months in 1967 in
London
London is the Capital city, capital and List of urban areas in the United Kingdom, largest city of both England and the United Kingdom, with a population of in . London metropolitan area, Its wider metropolitan area is the largest in Wester ...
hearing Privy Council appeals.
In May 1968, Taylor suffered a
heart attack
A myocardial infarction (MI), commonly known as a heart attack, occurs when Ischemia, blood flow decreases or stops in one of the coronary arteries of the heart, causing infarction (tissue death) to the heart muscle. The most common symptom ...
, but after a short break he returned to full duties on the High Court. Barwick later said that although the heart attack certainly affected Taylor physically, he was just as dedicated to his work as he had previously been.
Taylor continued to serve on the High Court until his death in August 1969, when he died suddenly one Sunday morning. In a tribute published in the
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the ed ...
, Barwick said of Taylor that he was:
"...wise in conference, confident and practical in decision and gentle in dissent... hat
A hat is a Headgear, head covering which is worn for various reasons, including protection against weather conditions, ceremonial reasons such as university graduation, religious reasons, safety, or as a fashion accessory. Hats which incorpor ...
is uppermost in our minds is the warmth of his friendship, his unfailing good humour, and his ready turn of wit and phrase on all occasions, making our daily association with him pleasant and memorable... The Court has lost a great judge, each of us here has lost a close friend."
References
{{DEFAULTSORT:Taylor, Alan
1901 births
1969 deaths
Justices of the High Court of Australia
Judges of the Supreme Court of New South Wales
Australian members of the Privy Council of the United Kingdom
Australian Knights Commander of the Order of the British Empire
Australian King's Counsel
20th-century Australian lawyers
People educated at Fort Street High School