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Thomas McCawley

Thomas William McCawley (24 July 1881 – 16 April 1925) was an Australian lawyer and Chief Justice of Queensland.

Thomas McCawley
Judge Thomas McCawley
5th Chief Justice of Queensland
In office
1 April 1922 – 24 April 1925
Preceded byPope Cooper
Succeeded byJames Blair
Personal details
Born(1881-07-24)24 July 1881
Toowoomba, Queensland, Australia
Died16 April 1925(1925-04-16) (aged 43)
Brisbane, Australia
Resting placeToowong cemetery, Brisbane
SpouseMargaret Mary O'Hagan
ChildrenFive (four sons and a daughter)
OccupationLawyer
Known forRole as a leading judge in Queensland

Biography edit

McCawley was born in Toowoomba, Queensland, Australia. He was of Irish-Catholic background, his father having been born in County Leitrim, Ireland. On his mother's side he had German ancestry, his mother coming from Darmstadt, Germany. He was educated at the Sisters of Mercy's Hibernian Hall and a state school in Toowoomba. At the age of 14 he took a job for three years as a clerk in the Toowoomba firm of solicitors, Hamilton & Wonderley.[1] Later, McCawley was employed by the Queensland Government Savings Bank, and was successively transferred to the offices of the public service board and the Department of Justice. Studying after hours, he passed the prescribed examinations and was admitted to the Queensland bar on 7 May 1907. In November 1910, at the age of 29 he was appointed crown solicitor, an appointment which was controversial at the time.[2]

McCawley was a staunch Catholic.[2][3] This, and his links with the Labor Party in Queensland, attracted criticism from some parts of the legal profession in Queensland when he was appointed to a number of senior legal positions in the state[4] There were objections from some quarters, both on political grounds and on the grounds of his lack of experience as practising barrister, when he was appointed as the first president of the Queensland Court of Industrial Arbitration in January 1917, and then puisne judge of the Supreme Court of Queensland in October 1917. Challenges to his appointment in the Supreme Court of Queensland,[5] and in the High Court of Australia,[6] were successful but were overturned by the Privy Council in London.[7][8] During the next few years, until his premature death, he made a significant contribution to industrial relations law.[9]

McCawley made contributions to industrial law and relations, and framed an award for railway employees. McCawley was made chief justice of Queensland on the retirement of Sir Pope Cooper on 1 April 1922 when, aged 41, he became the youngest chief justice in the British Empire. McCawley held office until 16 April 1925 when he died suddenly of a heart attack at Roma Street railway station in Brisbane while running to catch a train to Ipswich to attend to legal affairs.[10] He was survived by his wife, four sons and one daughter.

McCawley was given a State funeral at St Stephen's Cathedral and buried at Toowong Cemetery.[11]

Legacy edit

On 13 December 1927 a bronze bust of McCawley was unveiled at the Board of Arbitration in Brisbane.

McCawley Street in the Brisbane suburb of Stafford is named after him. In September 1961, McCawley Street in the suburb of Watson in Canberra was named after him in recognition, among other things, of his contributions in the field of industrial law and industrial arbitration.[12]

On 22 November 2018, Professor Nicholas Aroney from the University of Queensland delivered the fifth lecture in the 2018 Selden Society lecture series on Law and politics in McCawley's case in the Banco Court in the Supreme Court of Queensland.

See also edit

References edit

  • Serle, Percival (1949). "McCawley, Thomas". Dictionary of Australian Biography. Sydney: Angus & Robertson.
  • Murphy, D.J (1975). T. J. Ryan: A political biography. Brisbane: University of Queensland Press.
  • M. Cope (1976). "The Political Appointment of T.W. McCawley as President of the Court of Industrial Arbitration, Justice of the Supreme Court and Chief Justice of Queensland", The University of Queensland Law Journal, Vol. 9, No. 2 (1976), pp 224–242.
  • Malcolm Cope (1986). 'McCawley, Thomas William (1881 - 1925)', Australian Dictionary of Biography, Volume 10.
  • Nicholas Aroney (2006). 'Politics, Law and the Constitution in McCawley's Case', 30(3), Melbourne University Law Review, 605.
  • Nicolas Aroney (2018). Fifth lecture in the 2018 Selden Society lecture series on Law and politics in McCawley's case, 22 November 2018.

Notes edit

  1. ^ 'The Honourable Thomas W McCawley', Supreme Court Library of Queensland.
  2. ^ a b Murphy, D.J (1978), p. 109.
  3. ^ Murphy, D.J (1978) also discusses in detail the political and social issues surrounding the role of the Australian Labor Party and the Catholic community in Queensland at the time. The context is also discussed in considerable detail in Nicholas Aroney, 'Politics, Law and the Constitution in McCawley's Case', (2006) 30(3) Melbourne University Law Review 605.
  4. ^ Scott Guy, Kanchana Kariyawsam and Barbara Hocking, 'The philosophical ideals and political orientation of Thomas McCawley: A social democrat or a pragmatist?', (2007) 19(2) Bond Law Review 58.
  5. ^ In re McCawley [1918] St R Qd 62, (22 August 1918), Supreme Court (Full Court) (Qld).
  6. ^ McCawley v R [1918] HCA 55, (1918) 26 CLR 9 (27 September 1918), High Court (Australia).
  7. ^ McCawley v The King [1920] UKPC 22, [1920] AC 691; (1920) 28 CLR 106 (8 March 1920), Privy Council (on appeal from Australia).
  8. ^ Murphy, D.J (1978), pp. 346, 358, 373, 391, 477 & 478.
  9. ^ Paul de Jersey, Chief Justice of Queensland, My Younger Predecessors, Paper from the Supreme Court of Queensland Library, Wednesday 19 August 1998.
  10. ^ "NOTABLE CAREER CLOSED". The Brisbane Courier. 17 April 1925. p. 7. Retrieved 14 December 2015 – via National Library of Australia.
  11. ^ McCawley Thomas William — Brisbane City Council Grave Location Search. Retrieved 22 September 2012.
  12. ^ Street names, ACT Government, accessed 2 January 2019. Streets in Watson are named after Australian judges and other leading members of the legal profession.

External links edit

  • McCawley Thomas William — Brisbane City Council Grave Location Search
Legal offices
Preceded by Chief Justice of Queensland
1922–1925
Succeeded by

thomas, mccawley, thomas, william, mccawley, july, 1881, april, 1925, australian, lawyer, chief, justice, queensland, judge, chief, justice, queenslandin, office, april, 1922, april, 1925preceded, bypope, coopersucceeded, byjames, blairpersonal, detailsborn, 1. Thomas William McCawley 24 July 1881 16 April 1925 was an Australian lawyer and Chief Justice of Queensland Thomas McCawleyJudge Thomas McCawley5th Chief Justice of QueenslandIn office 1 April 1922 24 April 1925Preceded byPope CooperSucceeded byJames BlairPersonal detailsBorn 1881 07 24 24 July 1881Toowoomba Queensland AustraliaDied16 April 1925 1925 04 16 aged 43 Brisbane AustraliaResting placeToowong cemetery BrisbaneSpouseMargaret Mary O HaganChildrenFive four sons and a daughter OccupationLawyerKnown forRole as a leading judge in Queensland Contents 1 Biography 2 Legacy 3 See also 4 References 5 Notes 6 External linksBiography editMcCawley was born in Toowoomba Queensland Australia He was of Irish Catholic background his father having been born in County Leitrim Ireland On his mother s side he had German ancestry his mother coming from Darmstadt Germany He was educated at the Sisters of Mercy s Hibernian Hall and a state school in Toowoomba At the age of 14 he took a job for three years as a clerk in the Toowoomba firm of solicitors Hamilton amp Wonderley 1 Later McCawley was employed by the Queensland Government Savings Bank and was successively transferred to the offices of the public service board and the Department of Justice Studying after hours he passed the prescribed examinations and was admitted to the Queensland bar on 7 May 1907 In November 1910 at the age of 29 he was appointed crown solicitor an appointment which was controversial at the time 2 McCawley was a staunch Catholic 2 3 This and his links with the Labor Party in Queensland attracted criticism from some parts of the legal profession in Queensland when he was appointed to a number of senior legal positions in the state 4 There were objections from some quarters both on political grounds and on the grounds of his lack of experience as practising barrister when he was appointed as the first president of the Queensland Court of Industrial Arbitration in January 1917 and then puisne judge of the Supreme Court of Queensland in October 1917 Challenges to his appointment in the Supreme Court of Queensland 5 and in the High Court of Australia 6 were successful but were overturned by the Privy Council in London 7 8 During the next few years until his premature death he made a significant contribution to industrial relations law 9 McCawley made contributions to industrial law and relations and framed an award for railway employees McCawley was made chief justice of Queensland on the retirement of Sir Pope Cooper on 1 April 1922 when aged 41 he became the youngest chief justice in the British Empire McCawley held office until 16 April 1925 when he died suddenly of a heart attack at Roma Street railway station in Brisbane while running to catch a train to Ipswich to attend to legal affairs 10 He was survived by his wife four sons and one daughter McCawley was given a State funeral at St Stephen s Cathedral and buried at Toowong Cemetery 11 Legacy editOn 13 December 1927 a bronze bust of McCawley was unveiled at the Board of Arbitration in Brisbane McCawley Street in the Brisbane suburb of Stafford is named after him In September 1961 McCawley Street in the suburb of Watson in Canberra was named after him in recognition among other things of his contributions in the field of industrial law and industrial arbitration 12 On 22 November 2018 Professor Nicholas Aroney from the University of Queensland delivered the fifth lecture in the 2018 Selden Society lecture series on Law and politics in McCawley s case in the Banco Court in the Supreme Court of Queensland See also editList of Judges of the Supreme Court of Queensland Judiciary of Australia Background to the McCawley family nameReferences editSerle Percival 1949 McCawley Thomas Dictionary of Australian Biography Sydney Angus amp Robertson Murphy D J 1975 T J Ryan A political biography Brisbane University of Queensland Press M Cope 1976 The Political Appointment of T W McCawley as President of the Court of Industrial Arbitration Justice of the Supreme Court and Chief Justice of Queensland The University of Queensland Law Journal Vol 9 No 2 1976 pp 224 242 Malcolm Cope 1986 McCawley Thomas William 1881 1925 Australian Dictionary of Biography Volume 10 Nicholas Aroney 2006 Politics Law and the Constitution in McCawley s Case 30 3 Melbourne University Law Review 605 Nicolas Aroney 2018 Fifth lecture in the 2018 Selden Society lecture series on Law and politics in McCawley s case 22 November 2018 Notes edit The Honourable Thomas W McCawley Supreme Court Library of Queensland a b Murphy D J 1978 p 109 Murphy D J 1978 also discusses in detail the political and social issues surrounding the role of the Australian Labor Party and the Catholic community in Queensland at the time The context is also discussed in considerable detail in Nicholas Aroney Politics Law and the Constitution in McCawley s Case 2006 30 3 Melbourne University Law Review 605 Scott Guy Kanchana Kariyawsam and Barbara Hocking The philosophical ideals and political orientation of Thomas McCawley A social democrat or a pragmatist 2007 19 2 Bond Law Review 58 In re McCawley 1918 St R Qd 62 22 August 1918 Supreme Court Full Court Qld McCawley v R 1918 HCA 55 1918 26 CLR 9 27 September 1918 High Court Australia McCawley v The King 1920 UKPC 22 1920 AC 691 1920 28 CLR 106 8 March 1920 Privy Council on appeal from Australia Murphy D J 1978 pp 346 358 373 391 477 amp 478 Paul de Jersey Chief Justice of Queensland My Younger Predecessors Paper from the Supreme Court of Queensland Library Wednesday 19 August 1998 NOTABLE CAREER CLOSED The Brisbane Courier 17 April 1925 p 7 Retrieved 14 December 2015 via National Library of Australia McCawley Thomas William Brisbane City Council Grave Location Search Retrieved 22 September 2012 Street names ACT Government accessed 2 January 2019 Streets in Watson are named after Australian judges and other leading members of the legal profession External links editMcCawley Thomas William Brisbane City Council Grave Location SearchLegal officesPreceded byPope Alexander Cooper Chief Justice of Queensland1922 1925 Succeeded byJames Blair Retrieved from https en wikipedia org w index php title Thomas McCawley amp oldid 1152924654, wikipedia, wiki, book, books, library,

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