Bernard Sugerman
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Sir Bernard Sugerman (5 July 1904 3 November 1976) was an Australian
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
,
legal scholar Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
, and judge.


Early life and education

Bernard Sugerman was born on 5 July 1904 at Rockdale, New South Wales to Solomon Ruben Sugerman and Florrie (née Green). Florrie was born in Sydney of Russian-Polish parents and died in 1905. Solomon Sugerman, a commercial traveller and stained glass manufacturer born in Scotland of Russian-Polish parents, remarried in 1907.M. Z. Forbes
"Sugerman, Sir Bernard (1904–1976)"
''Australian Dictionary of Biography'', National Centre of Biography, Australian National University, accessed 25 August 2011.
Sugerman attended Kogarah Public School,
Sydney Boys High School Sydney Boys High School (”SBHS”), otherwise known as The Sydney High School (“SHS”) or High, is a Education in Australia#Government schools, government-funded Single-sex school, single-sex Selective school (New South Wales), academically s ...
and, having won an
exhibition An exhibition, in the most general sense, is an organized presentation and display of a selection of items. In practice, exhibitions usually occur within a cultural or educational setting such as a museum, art gallery, park, library, exhibition ...
, the University of Sydney, where he enrolled in law. He was the Wigram Allen Scholar in 1922, Pitt Cobbet Prizeman in 1922, and John George Dalley Prizeman in 1925. Sugerman graduated with an
LL.B. Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
with First-Class Honours and co-University Medallist."Sugerman, Bernard", Joseph A. Alexander (ed.), ''Who's Who in Australia 1944'' (1944, 12th ed., Melbourne, The Herald Press)


Legal career


Barrister

Sugerman was admitted to the New South Wales Bar on 12 March 1926 and went into chambers with his friends David Roper and Alan Taylor. His practice grew slowly and he was appointed KC in October 1943, after which he began to be briefed in important constitutional cases before the
High Court of Australia The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established fol ...
. He had been one of the Commonwealth's advisers at the 1942 Constitutional Convention.


Legal scholar and editor

Between 1926 and 1943, He lectured at his alma mater, the
Sydney Law School Sydney Law School (informally Sydney Law or SLS) is the law school at the University of Sydney, Australia's oldest university. Sydney Law School began a full program of legal instruction in 1890 following the appointment of its first dean, having ...
, on contracts, mercantile law and torts. He became the first editor (1927–46) of the '' Australian Law Journal'' (ALJ), only leaving that post on being elevated to the bench. On the presentation of his portrait to the New South Wales Supreme Court, it was said that the "endurance, renewal and national place of the ALJ is one of his most permanent monuments.""Presentation of a Portrait of Sir Bernard Sugarman to the Supreme Court of NSW"
Law and Justice Foundation, 24 July 1995 accessed 28 August 2011.
He was editor-in-chief of the '' Australian Digest'' (1934–39) and editor of the ''
Commonwealth Law Reports The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the edit ...
'' (1942–46).


Judicial career

Sugerman was appointed to the bench of the
Commonwealth Court of Conciliation and Arbitration The Commonwealth Court of Conciliation and Arbitration was an Australian court that operated from 1904 to 1956 with jurisdiction to hear and arbitrate interstate industrial disputes, and to make awards. It also had the judicial functions of in ...
to make a full bench to hear the application by trade unions for a shorter standard working week of 40 hours. On completion of that case, he resigned and was appointed to the New South Wales Supreme Court on 10 September 1947. His friend, David Roper was promoted from the Land and Valuation Court to be chief judge in equity and Sugerman took his place in the Land and Valuation Court and assisted in the equity jurisdiction. Sugerman remained head of the Land and Valuation Court until 1961 but also was called upon to sit in equity and, over time, the Full Court and the Court of Appeal. He sat on the Full Court to hear the landmark New South Wales state constitutional law case of ''Clayton v Heffron'' where he joined the majority, writing a joint judgment with Chief Justice Evatt. He was passed over for appointment as first president of the new
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
in 1966, but he became its second president on 22 January 1970 but ill health led him to retire on 29 September 1972.


Community work

He was a council member of the New South Wales Bar Association (1939–43) and deputy-president of the Solicitors Admission Board (1941–43). Sugerman was also active in Sydney's Jewish community.William Rubinstein, "Bernard Sugerman" in Michael Berenbaum and Fred Skolnik (eds) ''Encyclopaedia Judaica'' (2007, 2nd ed., Detroit) via Gale Biography in Context accessed 25 August 2011.


Personal life

At the Great Synagogue, Sydney, on 4 January 1928, Sugerman married Sarah Rosenblum, a schoolteacher from South Africa, with whom he had two sons.


Death

Sir Bernard Sugerman died on 3 November 1976. His funeral service was at the Great Synagogue, Sydney. His remains were interred at Rookwood. He was survived by his wife, Sarah, and two sons, David and Alan.


Awards and honours

In 1970, he was made a knight bachelor in the Queen's Birthday honours list. In 1976, the honorary degree of Doctor of Laws was conferred upon him by the University of Sydney.Honorary Degrees
The Senate of the University of Sydney accessed 25 August 2011.


References

{{DEFAULTSORT:Sugerman, Bernard 1904 births 1976 deaths Australian barristers Australian Jews 20th-century Australian judges Australian legal scholars Australian people of Russian-Jewish descent Australian people of Scottish-Jewish descent Judges of the Supreme Court of New South Wales Presidents of the NSW Court of Appeal Australian Knights Bachelor People educated at Sydney Boys High School Lawyers from Sydney Sydney Law School alumni University of Sydney faculty 20th-century Australian lawyers