Major General Sir William John Victor Windeyer, (28 July 1900 – 23 November 1987) was an Australian judge, soldier, educator, and 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 ...

Early life and career

Windeyer was born in Sydney, into a legal family: his father, William Archibald Windeyer (1871–1943) was a Sydney solicitor, his uncle,

Richard Windeyer Richard Windeyer (10 August 1806 – 2 December 1847) was a journalist, barrister and Australian politician. Early life Richard Windeyer was born in London, the eldest of nine children of Charles Windeyer, first recognised reporter in the House ...

, was a

King'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 ...

, his grandfather,

William Charles Windeyer Sir William Charles Windeyer (29 September 1834 – 11 September 1897) was an Australians, Australian politician and judge. As a New South Wales politician he was responsible for the creation of Belmore Park (north of the new Central railway st ...

, was twice

Attorney-General of New South Wales The attorney general of New South Wales, in formal contexts also attorney-general or attorney general for New South Wales See, e.g. Attorney General for New South Wales v Burns & Ors', ''Leahy v Attorney-General for New South Wales'' and ''Makin ...

and Judge of the

Supreme Court of New South Wales The Supreme Court of New South Wales is the highest state court of the Australian States and territories of Australia, State of New South Wales. It has unlimited jurisdiction within the state in civil law (common law), civil matters, and hears ...

, and his great-grandfather, Sir

, was a

barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...

and member of the first elected

Parliament of New South Wales The Parliament of New South Wales, formally the Legislature of New South Wales, (definition of "The Legislature") is the bicameral legislative body of the Australian state of New South Wales (NSW). It consists of the Monarch, the New South Wa ...

, sitting in the

New South Wales Legislative Council The New South Wales Legislative Council, often referred to as the upper house, is one of the two chambers of the Parliament of New South Wales, parliament of the Australian state of New South Wales. Along with the New South Wales Legislative As ...

. Windeyer studied at

Sydney Grammar School Sydney Grammar School (SGS, colloquially known as Grammar) is an independent, non-denominational day school for boys, located in Sydney, Australia. Incorporated in 1854 by an Act of Parliament and opened in 1857, the school claims to offer "c ...

and later at 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 ...

, graduating with a Bachelor of Arts in 1922 (winning the university medal in history) and a Bachelor of Laws (LLB) in 1925. In 1925, Windeyer was admitted to the

New South Wales Bar Association 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 Profe ...

. From 1929 to 1940, he lectured at the University of Sydney, teaching equity and

commercial law Commercial law (or business law), which is also known by other names such as mercantile law or trade law depending on jurisdiction; is the body of law that applies to the rights, relations, and conduct of Legal person, persons and organizations ...

, and until 1936, legal history. His book ''Essays in Legal History'' published in 1938 was for many years a standard textbook on the subject. In 1939, Windeyer assisted Justice Victor Maxwell at the

Australian Government The Australian Government, also known as the Commonwealth Government or simply as the federal government, is the national executive government of Australia, a federal parliamentary constitutional monarchy. The executive consists of the pr ...

Royal Commission into the extension of Sydney GPO. Windeyer married Margaret and they had four children Margaret, Bill, Jim and Frank. In 1938, he built a home called Peroomba in Warrawee which only passed out of family ownership in 2008.

Military career

Windeyer's military career began in 1918, although he did not see active service during the

First World War 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 ...

. In 1922 he was commissioned as a

lieutenant A lieutenant ( , ; abbreviated Lt., Lt, LT, Lieut and similar) is a Junior officer, junior commissioned officer rank in the armed forces of many nations, as well as fire services, emergency medical services, Security agency, security services ...

in the

Militia A militia ( ) is a military or paramilitary force that comprises civilian members, as opposed to a professional standing army of regular, full-time military personnel. Militias may be raised in times of need to support regular troops or se ...

and attached to the Sydney University Scouts, being promoted to the rank of

captain Captain is a title, an appellative for the commanding officer of a military unit; the supreme leader or highest rank officer of a navy ship, merchant ship, aeroplane, spacecraft, or other vessel; or the commander of a port, fire or police depa ...

two years later. In 1929 he was promoted to major and in 1937, upon being promoted to lieutenant colonel, he took command of the

Sydney University Regiment Sydney University Regiment (SUR) is an officer-training regiment of the Australian Army Reserve. Its predecessor, the University Volunteer Rifle Corps, was raised in 1900 as a unit of the colonial New South Wales Defence Force. During the 20th ...

. In 1940, following the outbreak of the

Second World War 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 ...

, Windeyer volunteered for overseas service and joined the

Second Australian Imperial Force The Second Australian Imperial Force (2nd AIF, or Second AIF) was the volunteer expeditionary force of the Australian Army in the Second World War. It was formed following the declaration of war on Nazi Germany, with an initial strength of one ...

(2nd AIF). Holding the rank of lieutenant colonel, he was tasked with raising and commanding the 2/48th Australian Infantry Battalion, part of the 9th Division. The 9th Division fought in the

North African campaign The North African campaign of World War II took place in North Africa from 10 June 1940 to 13 May 1943, fought between the Allies and the Axis Powers. It included campaigns in the Libyan and Egyptian deserts (Western Desert campaign, Desert Wa ...

, including the

Siege of Tobruk The siege of Tobruk () took place between 10 April and 27 November 1941, during the Western Desert campaign (1940–1943) of the World War II, Second World War. An Allies of World War II, Allied force, consisting mostly of the 9th Division ...

, the

New Guinea campaign The New Guinea campaign of the Pacific War lasted from January 1942 until the end of the war in August 1945. During the initial phase in early 1942, the Empire of Japan invaded the Territory of New Guinea on 23 January and Territory of Papua on ...

and the

Borneo campaign The Borneo campaign or Second Battle of Borneo was the last major Allied campaign in the South West Pacific Area during World War II to liberate Japanese-held British Borneo and Dutch Borneo. Designated collectively as Operation Oboe, ...

. He was later promoted to

brigadier Brigadier ( ) is a military rank, the seniority of which depends on the country. In some countries, it is a senior rank above colonel, equivalent to a brigadier general or commodore (rank), commodore, typically commanding a brigade of several t ...

in January 1942, and commanded the 20th Infantry Brigade, during which time he was awarded the

Distinguished Service Order The Distinguished Service Order (DSO) is a Military awards and decorations, military award of the United Kingdom, as well as formerly throughout the Commonwealth of Nations, Commonwealth, awarded for operational gallantry for highly successful ...

(DSO) "in recognition of gallant and distinguished services in the Middle East". Following the war, Windeyer relinquished command of the 20th Brigade, which he had commanded for the last four years, and was discharged from the 2nd AIF in early 1946, and returned to the Citizens Military Force, which was re-raised in 1948. In 1944 he had been created a

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 ...

, From 1950 to 1952 he commanded the 2nd Division after being promoted to major general. He was appointed a

Companion of the Order of the Bath Companion may refer to: Relationships Currently * Any of several interpersonal relationships such as friend or acquaintance * A domestic partner, akin to a spouse * Sober companion, an addiction treatment coach * Companion (caregiving), a caregi ...

in 1953 for his military services.

Justice of the High Court and Privy Council

After returning to Australia, Windeyer continued to practise as a barrister. In 1949, he was appointed a

and unsuccessfully sought preselection for the

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

representing the

Liberal party The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left. For example, while the political systems ...

. In 1954 and 1955, Windeyer worked as counsel assisting the Royal Commission on Espionage. He was appointed to the bench of the High Court on 8 September 1958. Later that year, he was created 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). One of his first judgments on the court was when he joined in the unanimous judgement of the court in a

constitutional A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these princ ...

case
Browns Transport Pty Ltd v Kropp
' which considered whether the imposition of licensing fees under a state statute in relation to a licence for the carriage of goods amounts to the imposition of a duty of excise within the meaning of s. 90 of the Constitution, which denies to the States the power to impose such duties. One of his first separate judgements was

'. Windeyer was elevated to the Privy Council in 1963, and joined the Privy Council's Judicial Committee in 1972. Windeyer made a considerable contribution to the jurisprudence of the court in
Victoria v Commonwealth
' the "Payroll Tax case" in his interpretation of the meaning of the '' Engineers Case''. He sat on the bench of the High Court until his retirement on 29 February 1972.

Later life and death

On their acquisition of the 6th, 7th, 8th & 9th Floors of Mena House at 225 Macquarie Street, Sydney Chambers by Counsel's Chambers Limited in 1983, the new chambers were named Windeyer Chambers in his honour. He opened the new chambers on 15 June 1984. Windeyer died in 1987. One of his sons, William Victor Windeyer, followed him into the legal profession and as of 2005 was a Judge of the Supreme Court of New South Wales; he also served in the military, receiving the

Reserve Force Decoration The Reserve Force Decoration (postnominal RFD) is an Australian Military award given for long service by officers of the Reserve Forces. It is part of the suite of defence force service awards introduced in 1982, which also included the Defence ...

. Out of respect for MAJGEN Sir Victor Windeyer, Sydney University Regiment commissioned an award in honour of him that recognises the most outstanding officer within the Regiment. The award provides an opportunity for the recipient to train with their sister Regiment, The Rifles (formerly the Royal Green Jackets).

Footnotes

References