Sir Charles Leonard Gavan Duffy (15 June 1882 – 12 August 1961) was an Australian soldier and judge. He served as a judge of the

Supreme Court of Victoria The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state. The Supreme Court compri ...

from 1933 until his death in 1961. He was the son of Chief Justice of Australia

Frank Gavan Duffy Sir Frank Gavan Duffy (29 February 1852 – 29 July 1936) was an Australian judge who served as the fourth Chief Justice of Australia, in office from 1931 to 1935. His total service on the High Court of Australia was from 1913 to 1935. Pri ...

Early life

Duffy was born on 15 June 1882 in

Caulfield, Victoria Caulfield is a suburb in Melbourne, Victoria, Australia, south-east of Melbourne's Melbourne central business district, Central Business District, located within the City of Glen Eira Local government areas of Victoria, local government area. C ...

. He was the oldest son of Ellen Mary (née Torr) and

. His father, the son of Victorian premier

Charles Gavan Duffy Sir Charles Gavan Duffy, Knight Commander of the Order of St Michael and St George, KCMG, His Majesty's Most Honourable Privy Council, PC (12 April 1816 – 9 February 1903), was an Irish poet and journalist (editor of ''The Nation (Irish news ...

, served as

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 ...

from 1931 to 1935. Duffy was educated at St Ignatius' College, Sydney, and

Xavier College Xavier College is a Roman Catholic, day and boarding school predominantly for boys, founded in 1872 by the Society of Jesus, with its main campus located in Kew, an eastern suburb of Melbourne, Victoria, Australia. Classes started in 1878. The ...

, Melbourne. He subsequently entered

Trinity College Trinity College may refer to: Australia * Trinity Anglican College, an Anglican coeducational primary and secondary school in , New South Wales * Trinity Catholic College, Auburn, a coeducational school in the inner-western suburbs of Sydney, New ...

in 1899, while studying law at the

University of Melbourne The University of Melbourne (colloquially known as Melbourne University) is a public university, public research university located in Melbourne, Australia. Founded in 1853, it is Australia's second oldest university and the oldest in the state ...

Career

Duffy served his

articles of clerkship Articled clerk is a title used in Commonwealth of Nations, Commonwealth countries for one who is studying to be an accountant or a lawyer. In doing so, they are put under the supervision of someone already in the profession, now usually for two ye ...

Wangaratta Wangaratta ( ) is a city in the northeast of Victoria, Australia, from Melbourne along the Hume Highway. The city had a population of 29,808 per the 2021 Australian Census. The city is located at the confluence, junction of the Ovens River, ...

and was admitted to the

Victorian Bar The Victorian Bar is the bar association of the Australian State of Victoria. The 2024-2025 President of the Bar is Justin Hannebery KC. Its members are barristers registered to practice in Victoria. Those who have been admitted to practice ...

in 1908, joining the chambers of his cousin's husband Hayden Starke.

Military service

Prior to World War I, Duffy held a commission as a second lieutenant in the Australian Field Artillery from 1908 to 1910. He enlisted in the Australian Imperial Force in April 1915, serving on the Gallipoli Campaign and in France on the Western Front. He was promoted captain in January 1917 and commanded the 4th Field Battery as a temporary major from August 1917, later promoted to substantive major. Duffy returned to Australia in August 1919.

Judiciary

Duffy was appointed to the

on 20 May 1933, following the death of

Leo Cussen Sir Leo Finn Bernard Cussen (29 November 1859 – 17 May 1933), Australian jurist, was a Judge of the Supreme Court of Victoria. Cussen died at his home in Melbourne on 17 May, 1933. Early life and education Cussen was born in Portland on t ...

. According to the ''

Australian Dictionary of Biography The ''Australian Dictionary of Biography'' (ADB or AuDB) is a national co-operative enterprise founded and maintained by the Australian National University (ANU) to produce authoritative biographical articles on eminent people in Australia's ...

'', he "proved a competent judge, gifted with keen memory and complete independence of mind and conducting his court admirably". In 1947, federal MP

Max Falstein Sydney Max Falstein (30 May 1914 – 18 May 1967) was an Australian politician. Early life Falstein was born on 30 May 1914 at Coffs Harbour to Russian grazier Abram Max Falstein and German-born Rosa, née Goldman. He attended Sydney Bo ...

alleged that

Robert Menzies The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of '' Hruod'' () "fame, glory, honour, praise, reno ...

, then serving as

Attorney-General of Victoria The Attorney-General of Victoria, in formal contexts also Attorney-General or Attorney General for Victoria,See, e.g., ''Bullivant v Attorney-General for Victoria''

900 __NOTOC__ Year 900 ( CM) was a leap year starting on Tuesday of the Julian calendar. Events By place Abbasid Caliphate * Spring – Forces under the Transoxianian emir Isma'il ibn Ahmad are victorious at Balkh (Northern Afghan ...

AC 196; ''Ryan v Attorney General for Victoria''

967 Year 967 ( CMLXVII) was a common year starting on Tuesday of the Julian calendar. Events By place Europe * Spring – Emperor Otto I (the Great) calls for a council at Rome, to present the new government under Pope John XIII. He ...

VR 514 is a Mini ...

, had appointed Duffy to the court as part of an attempt to persuade his father to resign from the High Court. Menzies described this as a "filthy and untrue statement". Duffy was knighted in 1952. Duffy was involved in several notable cases on the court. In 1937 he upheld the will of former federal government minister Jens Jensen, which left his entire estate to his mistress. In 1950 he imposed the death sentence on Norman Andrews, Robert Clayton, and Jean Lee for the murder of a 73-year-old bookmaker. Lee became the last woman to be legally executed in Australia. In 1952, Duffy was appointed as one of three

royal commission A royal commission is a major ad-hoc formal public inquiry into a defined issue in some monarchies. They have been held in the United Kingdom, Australia, Canada, New Zealand, Norway, Malaysia, Mauritius and Saudi Arabia. In republics an equi ...

ers into allegations of bribery made to state MPs, along with the chief justice

Edmund Herring Lieutenant General Sir Edmund Francis Herring, (2 September 1892 – 5 January 1982) was a senior Australian Army officer during the Second World War, Lieutenant Governor of Victoria, and Chief Justice of the Supreme Cou ...

and judicial colleague Russell Martin.

Personal life

Duffy married Mary Marjorie Alexa Back in 1919; the couple had twin sons who died at birth. In 1944 he was elected president of the

Melbourne Club The Melbourne Club is a private social club established in 1838 and located at 36 Collins Street, Melbourne. The club is a symbol of Australia's British social heritage and was established at a gathering of 23 gentlemen on Saturday, 17 Decembe ...

. He was widowed in 1959 and died in

East Melbourne East Melbourne is an inner-city suburb in Melbourne, Victoria, Australia, east of Melbourne's Central Business District, located within the City of Melbourne local government area. East Melbourne recorded a population of 4,896 at the 2021 ce ...

on 12 August 1961. He was interred at

Boroondara General Cemetery Boroondara General Cemetery, often referred to as Kew cemetery, is one of the oldest cemeteries in Victoria, Australia, created in the tradition of the Victorian garden cemetery. The cemetery, located in Kew, a suburb of Melbourne, is listed ...

References