Thomas Frederick Bathurst (born 17 March 1948), is an English Australian jurist who served as Chief Justice of the

Supreme Court of New South Wales The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court ...

from 1 June 2011 to 5 March 2022. He has served as

Lieutenant-Governor of New South Wales The Lieutenant-Governor of New South Wales is a government position in the State of New South Wales, Australia, acting as a deputy to the Governor of New South Wales. The office was first created in October 1786, before the arrival of the First ...

since 1 February 2012.

Early years and education

Thomas Frederick Bathurst was born on St Patrick's Day 1948 in Richmond, Surrey, today part of Greater London. His parents were both Australian – his mother Joan Hartigan was a champion tennis player, while his father Hugh Moxon Bathurst was a public servant who was private secretary to Senator James Fraser when their engagement was announced. They married at

St Mary's Cathedral, Sydney The Cathedral Church and Minor Basilica of the Immaculate Mother of God, Help of Christians (colloquially, St Mary's Cathedral) is the cathedral church of the Roman Catholic Archdiocese of Sydney and the seat of the Archbishop of Sydney, curre ...

, in April 1947, before flying to

Perth Perth is the capital and largest city of the Australian state of Western Australia. It is the fourth most populous city in Australia and Oceania, with a population of 2.1 million (80% of the state) living in Greater Perth in 2020. Perth i ...

to board the '' Orion'' for England, where they planned to live for a few years while Joan resumed her tennis career. In 1950, Bathurst returned to Sydney with his parents on the '' Strathmore'', having spent the first few years of his life in Surrey. He was educated at

Saint Ignatius' College, Riverview Saint Ignatius' College Riverview is an Australian independent single-sex primary and secondary day and boarding school for boys, conducted in the Jesuit tradition, located in Riverview, a small suburb located on the Lane Cove River on the ...

and in 1969 graduated from the

University of Sydney The University of Sydney (USYD), also known as Sydney University, or informally Sydney Uni, is a public research university located in Sydney, Australia. Founded in 1850, it is the oldest university in Australia and is one of the country's ...

with a Bachelor of Arts. Bathurst graduated in 1972 with a Bachelor of Laws from the

Sydney Law School Sydney Law School (informally Sydney Law or SLS) is the law school at the University of Sydney, Australia's oldest university. Sydney Law School began a full program of legal instruction in 1890 following the appointment of its first dean, havin ...

Career

Bathurst was admitted as a solicitor in New South Wales in 1972 and joined the Sydney city firm of E. J. (Ernest) Kirby & Co. where his mentor was Ann Plotke. Greg Smith (Attorney General of New South Wales), address to the Court on the swearing-in of The Honourable Thomas Frederick Bathurst QC as Chief Justice of New South Wales, Banco Court, Supreme Court of New South Wales, Queen's Square, Sydney, 1 June 2011. In 1977, Bathurst was called 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 Prof ...

; he was made

Queen's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister o ...

in 1987. His primary areas of practice included appellate work in banking law, commercial law and equity. He was president of the

Australian Bar Association The Australian Bar Association (ABA) is the peak body representing more than 6,000 barristers throughout Australia. The ABA was established in 1963 to serve, promote and represent its members, and advocate for fair and equal justice for all. ...

from 2008 to 2009, and president of the NSW Bar Association from 2010–11.

Notable cases as counsel

Bathurst appeared for AWA Limited in ''Daniels v Anderson'' (1995) 37 NSWLR 438, a leading Australian case on the duties of non-executive directors. He was appeared for

Dyson Heydon John Dyson Heydon (born 1 March 1943) is a former Australian judge and barrister who served on the High Court of Australia from 2003 to 2013 and the New South Wales Court of Appeal from 2000 to 2003, and previously served as Dean of the Sydney ...

QC in ''Heydon v NRMA Ltd'' (2000) 51 NSWLR 1 in a successful appeal against a finding that Heydon was negligent in giving legal advice to the respondent company, an important case concerning a barrister's liability for professional advice. He appeared before the High Court of Australia in ''Peters (WA) Ltd v Petersville Ltd'' (2001) 205 CLR 126, a case which reviewed the scope of the common law doctrine of restraint of trade.

Chief Justice

On the recommendation of the NSW government, NSW Governor

Marie Bashir Dame Marie Roslyn Bashir (born 1 December 1930) is the former and second longest-serving Governor of New South Wales. Born in Narrandera, New South Wales, Bashir graduated from the University of Sydney in 1956 and held various medical positio ...

appointed Bathurst Chief Justice of the

, effective 1 June 2011, and

Lieutenant Governor of New South Wales The Lieutenant-Governor of New South Wales is a government position in the State of New South Wales, Australia, acting as a deputy to the Governor of New South Wales. The office was first created in October 1786, before the arrival of the Fir ...

from 1 February 2012. Tom Bathurst retired on 5 March 2022 and was succeeded by Andrew Bell.

Personal life

Bathurst is married to Robyn; the couple have two daughters, one of whom (at the time of Bathurst's own commission as Chief Justice), Emma, was a solicitor with Mallesons Stephen Jaques on secondment to a refugee organisation.Chris Merritt, "New NSW chief justice taking a massive cut in pay and pension", The Australian, 14 May 2011, p. 5 via factiva. Retrieved 28 August 2011.

Honours

In the 2014 Queen's Birthday Honours List, Bathurst was invested as a Companion of the

Order of Australia The Order of Australia is an honour that recognises Australian citizens and other persons for outstanding achievement and service. It was established on 14 February 1975 by Elizabeth II, Queen of Australia, on the advice of the Australian Gov ...

(AC), for "eminent service to the judiciary and to the law, to the development of the legal profession, particularly through the implementation of uniform national rules of conduct, and to the community of New South Wales". Bathurst was elected Fellow of the Royal Society of New South Wales in 2018.

References

External links

NSW Attorney-General media release, 13 May 2001
Retrieved 1 June 2011
NSW Attorney-General, Speech for Swearing In of Tom Bathurst as Chief Justice, 1 June 2011
Retrieved 1 June 2011
Official Website of the Governor of New South Wales
{{DEFAULTSORT:Bathurst, Tom 1948 births Australian King's Counsel 20th-century King's Counsel Chief Justices of New South Wales Judges of the Supreme Court of New South Wales Lieutenant-Governors of New South Wales Living people People educated at Saint Ignatius' College, Riverview Companions of the Order of Australia Fellows of the Royal Society of New South Wales