Alfred Foster (judge)
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Alfred William Foster (28 July 1886 – 26 November 1962) was an Australian judge.


Biography

Foster was born at Beechworth to tobacconist Alfred William Foster and Sarah, ''née'' Brown. He attended school locally and graduated from Beechworth College at the age of fourteen. Interested in
spiritualism Spiritualism may refer to: * Spiritual church movement, a group of Spiritualist churches and denominations historically based in the African-American community * Spiritualism (beliefs), a metaphysical belief that the world is made up of at leas ...
, around this time Foster rejected
Christianity Christianity is an Abrahamic monotheistic religion, which states that Jesus in Christianity, Jesus is the Son of God (Christianity), Son of God and Resurrection of Jesus, rose from the dead after his Crucifixion of Jesus, crucifixion, whose ...
as lacking in scientific evidence. He moved to
Melbourne Melbourne ( , ; Boonwurrung language, Boonwurrung/ or ) is the List of Australian capital cities, capital and List of cities in Australia by population, most populous city of the States and territories of Australia, Australian state of Victori ...
to study law in 1906, where he joined the Victorian Rationalist Association; after a defeat in a debate on
socialism Socialism is an economic ideology, economic and political philosophy encompassing diverse Economic system, economic and social systems characterised by social ownership of the means of production, as opposed to private ownership. It describes ...
against a
Victorian Socialist Party The Victorian Socialist Party (VSP), also known as the Socialist Party of Victoria, was a socialist political party in the Australian state of Victoria during the early 20th century. Most VSP members were also members of the Australian Labor ...
team including
John Curtin John Curtin (8 January 1885 – 5 July 1945) was an Australian politician who served as the 14th prime minister of Australia from 1941 until his death in 1945. He held office as the leader of the Australian Labor Party (ALP), having been most ...
, Foster became a convert to socialism and joined the party himself. He was called to the Bar in June 1910 but struggled in his early legal career. In 1914 Foster became a prominent opponent of Australia's involvement in
World War I World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...
, and he was later a strident anti-
conscription Conscription, also known as the draft in the United States and Israel, is the practice in which the compulsory enlistment in a national service, mainly a military service, is enforced by law. Conscription dates back to antiquity and it conti ...
ist, defending those charged under the War Precautions Act and risking conviction himself with some of his speeches. He was also opposed to the Hughes government's censorship laws, and joined the Labor Party during the war, becoming a member of the central executive and standing for the federal seat of Balaclava in 1917 following the party split. He had married Beatrice May Warden on 12 January 1916. He joined the Food Preservers' Union, of which he became president, and was a delegate to the Victorian ALP Conference and the Trades Hall Council. He unsuccessfully contested the federal seat of Fawkner in 1922 and 1925. In 1920 Foster was appointed as union advocate to the royal commission on the basic wage and successfully argued for an increase, although the recommendation was not implemented. His wife died from
cancer Cancer is a group of diseases involving Cell growth#Disorders, abnormal cell growth with the potential to Invasion (cancer), invade or Metastasis, spread to other parts of the body. These contrast with benign tumors, which do not spread. Po ...
in 1925. In 1924 he was counsel assisting the royal commission on the 1923 Melbourne police strike, and in 1926 represented the New South Wales and Queensland Labor governments in the
Commonwealth Court of Conciliation and Arbitration The Commonwealth Court of Conciliation and Arbitration was an Australian court that operated from 1904 to 1956 with jurisdiction to hear and arbitrate interstate industrial disputes, and to make awards. It also had the judicial functions of i ...
case regarding standard working hours. In 1927 he resigned all political positions to become a judge in the
County Court of Victoria The County Court of Victoria is the intermediate court in the Australian state of Victoria. It is equivalent to district courts in the other states. The County Court is the principal trial court in the state, having a broad criminal and ci ...
; while he enforced the written laws he continued to advocate reform. On 25 January 1927 he married Ella Wilhelmina Jones. In 1934 he attracted controversy for telling a young witness, "There is no hell, sonny." He became a
pacifist Pacifism is the opposition to war or violence. The word ''pacifism'' was coined by the French peace campaigner Émile Arnaud and adopted by other peace activists at the tenth Universal Peace Congress in Glasgow in 1901. A related term is ''a ...
in the 1930s and after the outbreak of
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
supported close relations with the
Soviet Union The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
. In October 1942 Foster was appointed to head the Women's Employment Board before being transferred to the Commonwealth Arbitration Court in October 1944. He was involved in a major case on standard hours that ran from 1945 to 1947 and delivered the judgement on the forty-hour week. In 1950 he influenced the decision to increase the weekly wage by £1. Despite being considered early in his term as a champion for the unions, he decided against eight officials who defied the Chifley government's emergency laws against assisting strikers in 1949. In 1952 he was assigned to the maritime industry and encouraged the replacement of outdated vessels, created a new seamen's award in 1955 and adjusted it to placate shipowners in 1960. He died at
Sandringham Sandringham can refer to: Places Australia * Sandringham, New South Wales, a suburb of Sydney * Sandringham, Queensland, a rural locality * Sandringham, Victoria, a suburb of Melbourne **Sandringham railway line **Sandringham railway station * ...
in 1962.


References

{{DEFAULTSORT:Foster, Alfred 1886 births 1962 deaths 20th-century Australian judges Australian pacifists Australian socialists Judges of the County Court of Victoria Australian anti–World War I activists