Michael Hudson McHugh (born 1 November 1935) is a former 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 ...
; the highest court in the
Australian court hierarchy
The judiciary of Australia comprises judges who sit in federal courts and courts of the States and territories of Australia, States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as t ...
.
Early years
The son of a miner and steelworker, McHugh left school at 15 despite excelling academically and in rugby league at Marist Brothers, Newcastle. For the next seven years, he worked as a telegram boy, crane chaser, sawmill worker and labourer until he enrolled at evening school. At 22, with his
Leaving Certificate
A secondary school leaving qualification is a document signifying that the holder has fulfilled any secondary education requirements of their locality, often including the passage of a final qualification examination.
For each leaving certificate ...
in hand, he started studying law as a student-at-law with the
Legal Profession Admission Board and taught by 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 ...
.
Legal career
McHugh was admitted to the New South Wales Bar in 1961 after taking the
Barristers Admission Board Examinations.
He was appointed
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 ...
(QC) in 1973 and was Vice President of the New South Wales Bar Association, 1978–81, and later President, 1981–83.
In 1980, he was counsel for
Wyong Shire Council in ''
Wyong Shire Council v Shirt'', a landmark
negligence
Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances.
Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a neg ...
case on
breach of duty. He was President of the
Australian Bar Association 1983–84.
NSW Court of Appeal judicial appointment
He was appointed as a Judge of Appeal of the
New South Wales Court of Appeal
The New South Wales Court of Appeal, part of the Supreme Court of New South Wales, is the highest court for civil matters and has appellate jurisdiction in the Australian state of New South Wales.
Jurisdiction
The Court of Appeal operates pursu ...
on 30 October 1984.
High Court appointment
He was appointed as a judge of the High Court in February 1989, a position he held until his retirement in October 2005 in accordance with Section 72 of the
Australian Constitution
The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia. It is a written constitution, which establishes the country as a Federation of Australia, ...
, which states that Justices of the High Court must retire from office upon turning 70. He was succeeded by Justice
Susan Crennan, then of the
Federal Court of Australia
The Federal Court of Australia is an Australian superior court which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indictable (mo ...
.
Post-retirement
After he retired from the High Court, McHugh was appointed as one of the Non-Permanent Justices of the
Court of Final Appeal in Hong Kong. Another Australian judge on the Court of Final Appeal is Sir
Anthony Mason.
McHugh was appointed to head the
Special Commission of Inquiry into the Greyhound Racing Industry in New South Wales on 6 May 2015. McHugh provided his report on 16 June 2016, finding overwhelming evidence of systemic animal cruelty. Following the report, the
Government of New South Wales
The Government of New South Wales, also known as the NSW Government, is the executive state government of New South Wales, Australia. The government comprises 11 portfolios, led by a ministerial department and supported by several agencies. Th ...
decided to shut down the greyhound racing in NSW from 1 July 2017, a decision that was reversed on 11 October 2016.
McHugh currently practises as an independent mediator and arbitrator at Eleven Wentworth in
Sydney
Sydney is the capital city of the States and territories of Australia, state of New South Wales and the List of cities in Australia by population, most populous city in Australia. Located on Australia's east coast, the metropolis surrounds Syd ...
.
Family
He is married to former Australian federal MP and Minister
Jeannette McHugh.
Honours
*He received Australia's highest civil honour when he 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 ...
(AC) in 1989.
References
{{DEFAULTSORT:McHugh, Michael
1935 births
Living people
Justices of the High Court of Australia
Judges of the Supreme Court of New South Wales
Justices of the Court of Final Appeal (Hong Kong)
Australian judges on the courts of Hong Kong
Australian King's Counsel
Companions of the Order of Australia
Australian people of Irish descent
Spouses of Australian politicians
People from Newcastle, New South Wales