Sir Charles Leonard Gavan Duffy (15 June 1882 – 12 August 1961) was an Australian soldier and judge. He served as a judge of the

Supreme Court of Victoria The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state. The Supreme Court comprises ...

from 1933 until his death in 1961. He was the son of Chief Justice of Australia

Frank Gavan Duffy Sir Frank Gavan Duffy, KCMG, KC (29 February 1852 – 29 July 1936) was an Australian judge who served as the fourth Chief Justice of Australia, in office from 1931 to 1935. His total service on the High Court of Australia was from 1913 to ...

Early life

Duffy was born on 15 June 1882 in

Caulfield, Victoria Caulfield is a suburb in Melbourne, Victoria, Australia, south-east of Melbourne's Central Business District, located within the City of Glen Eira local government area. Caulfield recorded a population of 5,748 at the 2021 census. It is bound ...

. He was the oldest son of Ellen Mary (née Torr) and

. His father, the son of Victorian premier

Charles Gavan Duffy Sir Charles Gavan Duffy, KCMG, PC (12 April 1816 – 9 February 1903), was an Irish poet and journalist (editor of ''The Nation''), Young Irelander and tenant-rights activist. After emigrating to Australia in 1856 he entered the politics of ...

, served as

Chief Justice of Australia The Chief Justice of Australia is the presiding Justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. The incumbent is Susan Kiefel, who is the first woman to hold the position. Co ...

from 1931 to 1935. Duffy was educated at St Ignatius' College, Sydney, and Xavier College, Melbourne. He subsequently entered

Trinity College Trinity College may refer to: Australia * Trinity Anglican College, an Anglican coeducational primary and secondary school in , New South Wales * Trinity Catholic College, Auburn, a coeducational school in the inner-western suburbs of Sydney, New ...

in 1899, while studying law at the

University of Melbourne The University of Melbourne is a public research university located in Melbourne, Australia. Founded in 1853, it is Australia's second oldest university and the oldest in Victoria. Its main campus is located in Parkville, an inner suburb nor ...

Career

Duffy served his articles of clerkship in Wangaratta and was admitted to the Victorian Bar in 1908, joining the chambers of his cousin's husband

Hayden Starke Sir Hayden Erskine Starke KCMG (22 February 1871 – 14 May 1958) was an Australian judge who served on the High Court of Australia from 1920 to 1950. He was a prominent Melbourne barrister before his appointment to the court. Early life S ...

Military service

Prior to World War I, Duffy held a commission as a second lieutenant in the

Australian Field Artillery The Royal Regiment of Australian Artillery, normally referred to as the Royal Australian Artillery (RAA), is a Regiment of the Australian Army descended from the original colonial artillery units prior to Australia's federation. Australia's first ...

from 1908 to 1910. He enlisted in the Australian Imperial Force in April 1915, serving on the Gallipoli Campaign and in France on the

Western Front Western Front or West Front may refer to: Military frontiers *Western Front (World War I), a military frontier to the west of Germany *Western Front (World War II), a military frontier to the west of Germany *Western Front (Russian Empire), a majo ...

. He was promoted captain in January 1917 and commanded the 4th Field Battery as a temporary major from August 1917, later promoted to substantive major. Duffy returned to Australia in August 1919.

Judiciary

Duffy was appointed to the

on 20 May 1933, following the death of

Leo Cussen Sir Leo Finn Bernard Cussen (29 November 1859 – 17 May 1933), Australian jurist, was a Judge of the Supreme Court of Victoria. Cussen died at his home in Melbourne on 17 May, 1933. Early life and education Cussen was born in Portland on ...

. According to the ''

Australian Dictionary of Biography The ''Australian Dictionary of Biography'' (ADB or AuDB) is a national co-operative enterprise founded and maintained by the Australian National University (ANU) to produce authoritative biographical articles on eminent people in Australia's ...

'', he "proved a competent judge, gifted with keen memory and complete independence of mind and conducting his court admirably". In 1947, federal MP Max Falstein alleged that

Robert Menzies The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of ''Hrōþ, Hruod'' ( non, Hróðr) "fame, glory ...

, then serving as Attorney-General of Victoria, had appointed Duffy to the court as part of an attempt to persuade his father to resign from the High Court. Menzies described this as a "filthy and untrue statement". Duffy was knighted in 1952. Duffy was involved in several notable cases on the court. In 1937 he upheld the will of former federal government minister Jens Jensen, which left his entire estate to his mistress. In 1950 he imposed the death sentence on Norman Andrews, Robert Clayton, and Jean Lee for the murder of a 73-year-old bookmaker. Lee became the last woman to be legally executed in Australia. In 1952, Duffy was appointed as one of three royal commissioners into allegations of bribery made to state MPs, along with the chief justice Edmund Herring and judicial colleague Russell Martin.

Personal life

Duffy married Mary Marjorie Alexa Back in 1919; the couple had twin sons who died at birth. In 1944 he was elected president of the

Melbourne Club The Melbourne Club is a private social club established in 1838 and located at 36 Collins Street, Melbourne. The club is a symbol of Australia's British social heritage and was established at a gathering of 23 gentlemen on Saturday, 17 Decembe ...

. He was widowed in 1959 and died in East Melbourne on 12 August 1961. He was interred at

Boroondara General Cemetery Boroondara General Cemetery, often referred to as Kew cemetery, is one of the oldest cemeteries in Victoria, Australia, created in the tradition of the Victorian garden cemetery. The cemetery, located in Kew, a suburb of Melbourne, is listed ...

References