Daryl Dawson
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Sir Daryl Michael Dawson, (born 12 December 1933) is an Australian former 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 1982 to 1997. Before being appointed to the High Court, he served for periods as a legal officer in the
Royal Australian Navy The Royal Australian Navy (RAN) is the navy, naval branch of the Australian Defence Force (ADF). The professional head of the RAN is Chief of Navy (Australia), Chief of Navy (CN) Vice admiral (Australia), Vice Admiral Mark Hammond (admiral), Ma ...
and as
Solicitor-General of Victoria The Solicitor-General of Victoria, known informally as the Solicitor-General, is the state's Second Law Officer and the deputy of the Attorney-General. The Solicitor-General acts alongside the Crown Advocate and Crown Solicitor, and serves as o ...
.


Early life and education

Dawson was born in
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 ...
but raised in
Canberra Canberra ( ; ) is the capital city of Australia. Founded following the Federation of Australia, federation of the colonies of Australia as the seat of government for the new nation, it is Australia's list of cities in Australia, largest in ...
, where he attended Canberra High School. He completed his undergraduate education 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 ...
, living at
Ormond College Ormond College is the largest of the residential colleges of the University of Melbourne located in the city of Melbourne, Victoria, Australia. It is home to around 350 undergraduates, 90 graduates and 35 professorial and academic residents. H ...
and received a
Bachelor of Laws A Bachelor of Laws (; LLB) is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subje ...
with honours. He later completed a
Master of Laws A Master of Laws (M.L. or LL.M.; Latin: ' or ') is a postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in another subject. In many jurisdi ...
at
Yale University Yale University is a Private university, private Ivy League research university in New Haven, Connecticut, United States. Founded in 1701, Yale is the List of Colonial Colleges, third-oldest institution of higher education in the United Stat ...
on a
Fulbright Scholarship The Fulbright Program, including the Fulbright–Hays Program, is one of several United States cultural exchange programs with the goal of improving intercultural relations, cultural diplomacy, and intercultural competence between the people ...
.


Career


Legal career

Dawson was admitted to the Victorian Bar in 1957 (and later to the Tasmanian Bar in 1972). In the 1960s, he served as a commander in the
Royal Australian Navy The Royal Australian Navy (RAN) is the navy, naval branch of the Australian Defence Force (ADF). The professional head of the RAN is Chief of Navy (Australia), Chief of Navy (CN) Vice admiral (Australia), Vice Admiral Mark Hammond (admiral), Ma ...
's legal service in
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 ...
, holding the rank of lieutenant commander in the Naval Reserve. He was appointed a
Queen'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 1971, and served as the
Solicitor-General of Victoria The Solicitor-General of Victoria, known informally as the Solicitor-General, is the state's Second Law Officer and the deputy of the Attorney-General. The Solicitor-General acts alongside the Crown Advocate and Crown Solicitor, and serves as o ...
from 1974 to 1982.


Judicial career

Dawson was a member of the Australian Motor Sport Appeal Court from 1974 to 1986, and was the chairman of this court in 1987. In 1982, he was appointed 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 ...
, a position he held until retiring on 15 August 1997. During his tenure, he earned the nickname ''Dissenting Dawson'', being the only dissenting justice in the landmark cases of '' Mabo v Queensland'' and ''
Commercial Bank of Australia Ltd v Amadio ''Commercial Bank of Australia Ltd v Amadio'',. is a seminal case in Australian contract law and Equity (law), equity, in which the High Court held that unconscionable dealing due to a lack of knowledge or education and the consequent imbalanc ...
''. He was notably the only justice in '' Australian Capital Television v Commonwealth'' to argue there was no
implied freedom of political communication Within Australian law, there is no freedom of speech. Instead, the Australian Constitution implies a freedom of political communication through an interpretation of Sections 7 and 24 of the Constitution. Background History Related High Cou ...
in the Australian Constitution, although he revised his position on this issue in '' Lange v Australian Broadcasting Corporation.'' From 1997 until 2003, Dawson served as a non-permanent judge of the
Hong Kong Court of Final Appeal The Hong Kong Court of Final Appeal (HKCFA) is the final appellate court of Hong Kong. It was established on 1 July 1997, upon the establishment of the Hong Kong Special Administrative Region, replacing the Judicial Committee of the Priv ...
. In 1998, he became a director and chairman of the Menzies Foundation. Dawson is currently a professorial fellow at the
Melbourne Law School Melbourne Law School is one of the professional graduate schools of the University of Melbourne. Located in Carlton, Victoria, Melbourne Law School is Australia's oldest law school, and offers Juris Doctor, J.D., Master of Laws, LL.M, Doctor of P ...
, and an adjunct professor at
Monash University Monash University () is a public university, public research university based in Melbourne, Victoria (state), Victoria, Australia. Named after World War I general Sir John Monash, it was founded in 1958 and is the second oldest university in the ...
.


Post-judicial activities

Dawson headed a Royal Commission into the 1998 explosion at a
natural gas processing Nature is an inherent character or constitution, particularly of the ecosphere or the universe as a whole. In this general sense nature refers to the laws, elements and phenomena of the physical world, including life. Although humans are part ...
plant at
Longford Longford () is the county town of County Longford in Ireland. It had a population of 10,952 at the 2022 census. It is the biggest town in the county and about one third of the county's population lives there. Longford lies at the meeting of ...
, which killed two people and crippled Victoria's energy supply for weeks. He occasionally adjudicates mooting competitions 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 ...
.


Honours

In 1980, Dawson was made a Companion of the
Order of the Bath The Most Honourable Order of the Bath is a British order of chivalry founded by King George I of Great Britain, George I on 18 May 1725. Recipients of the Order are usually senior British Armed Forces, military officers or senior Civil Service ...
(CB). Dawson was knighted in 1982, becoming 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 ...
(KBE), and known formally as Sir Daryl Dawson. In 1986, Dawson was made a Companion of the
Order of Australia The Order of Australia is an Australian honours and awards system, Australian honour that recognises Australian citizens and other persons for outstanding achievement and service. It was established on 14 February 1975 by Elizabeth II, Monarch ...
; at the time, Australia's highest civilian honour. In 2006, he was awarded a Doctor of Laws (''
honoris causa An honorary degree is an academic degree for which a university (or other degree-awarding institution) has waived all of the usual requirements. It is also known by the Latin phrases ''honoris causa'' ("for the sake of the honour") or ''ad hono ...
'') from Monash University, with the University of Melbourne conferring the same award.


References

{{DEFAULTSORT:Dawson, Daryl Justices of the High Court of Australia 1933 births Living people Australian Companions of the Order of the Bath Australian Knights Commander of the Order of the British Empire Companions of the Order of Australia Melbourne Law School alumni Australian King's Counsel Solicitors-general of Victoria Yale Law School alumni Royal Australian Navy officers Academic staff of the University of Melbourne Academic staff of Monash University Justices of the Court of Final Appeal (Hong Kong)