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The ninth Chief Justice of Australia, Sir Anthony Mason, has been fondly remembered for his significant contribution to the law.
In a touching tribute to Sir Anthony Mason AC KBE GBM KC, Chief Justice of the NSW Supreme Court, Andrew Bell AC, said “a very fine Australian has left our midst, but his impact and legacy will continue”.
Sir Anthony, whose death comes just shy of his 101st birthday, served as solicitor-general for the Commonwealth, judge of the then-fledgling NSW Supreme Court of Appeal, and justice of the High Court of Australia. He served as Chief Justice of the latter for eight years.
Together with Chief Justice Stephen Gageler AC, Justice Mark Leeming, and Justices Stephen McLeish and Kris Walker AM of the Victorian Court of Appeal, Chief Justice Bell served as one of Sir Anthony’s associates for just over a year in 1990–91.
“As with those other now distinguished judges, scholars and practitioners, I counted my year in Sir Anthony’s chambers as one of the most important and formative of my professional life,” he said.
“To observe at close quarters this master judicial craftsman at the peak of his powers was an opportunity as rare as it was invaluable.
“To be exposed to his spirit of intellectual curiosity and genuine openness of mind even as he occupied such an exalted and important position as Chief Justice of Australia was a particular privilege.”
Upon his retirement in 1995 – mandated at the age of 70 – Sir Anthony spent the following two decades serving on the Hong Kong Court of Final Appeal for up to three months a year. He served both before and after the handover of Hong Kong from the United Kingdom to China.
Sir Anthony also served as chancellor of the University of NSW, chair of the Council of the National Library of Australia, and, from time to time, sat as president of the Court of Appeal of the Solomon Islands and ad hoc judge on the Supreme Court of Fiji.
Justice Bell said Sir Anthony maintained “very close connections” with the academy – especially UNSW, the Australian National University, and the University of Cambridge – and was held in high esteem throughout the international common law world.
The latter led to the award of numerous honorary doctors, including the rare DCL (honoris causa) from Oxford University in 1994.
Sir Anthony was made a Knight Commander of the Order of the British Empire in 1972 and a Companion of the Order of Australia in 1988.
“To observe pellucidly clear and coherent statements of legal principle emerge from his pen to guide the legal profession was an example to which to aspire,” Justice Bell said.
“And to be exposed to his rapier wit coupled with his voracious appetite for discussion of the law, the legal profession, politics, sport and world affairs, maintaining a close friendship with him and the late Lady Patricia Mason, together with his other associates, over more than three decades is something that I will both miss but always value.”
The High Court’s justices also extended their sincere sympathies to Sir Anthony and announced a ceremonial sitting would be held in June.
“Sir Anthony’s contribution to the jurisprudence of the High Court, and to the legal system and profession more broadly, was profound and is enduring,” the High Court said in a statement.
“He was a jurist who was and continues to be regarded with deep respect and admiration, and a man who is remembered with affection and appreciation by those who had the privilege of knowing and working with him.”
Commonwealth Attorney-General Michelle Rowland said Sir Anthony helped to shape modern Australia “through some of our nation’s most significant judgments”, including presiding over the Mabo decision.
“He will be remembered for his wisdom and intellect, and his enduring contribution to our legal system, academia and public life,” Rowland said.
