Frederick Mann
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Sir Frederick Wollaston Mann
KCMG KCMG may refer to * KC Motorgroup, based in Hong Kong, China * Knight Commander of the Order of St Michael and St George, British honour * KCMG-LP, radio station in New Mexico, USA * KCMG, callsign 1997-2001 of Los Angeles radio station KKLQ (FM) ...
(2 May 1869 – 29 May 1958) was the chief justice of the
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n state of
Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...
between 1 October 1935 and 31 January 1944. He was also Victoria’s lieutenant governor between 12 May 1936 and May 1945. Mann was nicknamed the “Little Gentleman” because of his height (he was 168 cm tall) and he was unfailingly courteous. He had a reputation of being a careful judge delivering decisions of precision and clarity. In 1935, he became the first Australian born person to become chief justice of Victoria.


Early years

Mann was born at
Mount Gambier Mount Gambier is the second most populated city in South Australia, with an estimated urban population of 33,233 . The city is located on the slopes of Mount Gambier, a volcano in the south east of the state, about south-east of the capital Ad ...
,
South Australia South Australia (commonly abbreviated as SA) is a state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest of Australia's states and territories ...
. He was the son of Gilbert Hill Cheke Mann and Sophia Charlotte Mann (nee Wollaston). Mann’s maternal grandfather was John Ramsden Wollaston, a pioneering
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archdeacon An archdeacon is a senior clergy position in the Church of the East, Chaldean Catholic Church, Syriac Orthodox Church, Anglican Communion, St Thomas Christians, Eastern Orthodox churches and some other Christian denominations, above that o ...
in
Western Australia Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to th ...
. Mann’s younger brother was to become an icon of early Australian radio broadcasting. Mann began his education at Christ Church Grammar School in Mount Gambier. Later he transferred to the public education system when he transferred to Mount Gambier Public School. After leaving school, he studied privately at home. He left South Australia and moved to
Melbourne Melbourne ( ; Boonwurrung/Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a met ...
in 1887 where he obtained work as a tally clerk. He then worked as a clerk in the Crown Law Department of the Victorian Government. Whilst working, he studied 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 ...
and graduated with a
Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...
in 1894. In 1895 he won the Supreme Court prize at the University of Melbourne. He completed his
Bachelor of Laws 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 ...
in 1896 and a
Master of Laws A Master of Laws (M.L. or LL.M.; Latin: ' or ') is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In mos ...
in 1898. He was called to the Victorian Bar in 1896 but continued working for the State Government rather than practice in his own right.


Military service

He was commissioned as a lieutenant in the 4th Victorian Battalion of the Australian Imperial Regiment known as the “4th Vic.Imperial Bushmen “ He departed Melbourne on 1 May 1900 in the transport “Victorian’. He served in the
Second Boer War The Second Boer War ( af, Tweede Vryheidsoorlog, , 11 October 189931 May 1902), also known as the Boer War, the Anglo–Boer War, or the South African War, was a conflict fought between the British Empire and the two Boer Republics (the Sout ...
for sixteen months until he was wounded at Hartbeesfontein on 16 February 1901. He was awarded the
Queen's South Africa Medal The Queen's South Africa Medal is a British campaign medal awarded to British and Colonial military personnel, and to civilians employed in an official capacity, who served in the Second Boer War in South Africa. Altogether twenty-six clasps wer ...
. On his return to Australia in November, he set up chambers in Melbourne as a barrister. As a barrister, he specialized in both common law and Equity cases, and became known for his “careful cross-examination technique”. On 8 April 1911 he married Adeline Mary Raleigh at All Saints
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in East St Kilda. They had five children from the marriage.


Judicial career

On 22 July 1919, Mann was appointed a justice 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 ...
. In 1931 he became the Chairman of the Court of Industrial Appeal and held that appointment until 1933. He was
knighted A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the Christian denomination, church or the country, especially in a military capacity. Knighthood ...
in the
King's Birthday Honours The Birthday Honours, in some Commonwealth realms, mark the reigning British monarch's official birthday by granting various individuals appointment into national or dynastic orders or the award of decorations and medals. The honours are present ...
of June 1933, formally receiving his knighthood by
Letters Patent Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, titl ...
on 12 July 1933. Between 1923 and 1934, he acted as Chief Justice of Victoria on many occasions. He was appointed Chief Justice in 1935 in succession to Sir William Irvine. In the same year he became president of the Melbourne Club. In 1936, he denounced Victorian police criminal investigation methods of the time as “crude, untrained and overly reliant upon informers and physical coercion”. Police at that time were tempted to obtain convictions through extorting confessions rather than through investigation. On 30 March 1936 he was appointed Lieutenant Governor of Victoria, taking office on 12 May 1936. The Melbourne newspaper “The Sun” described him as 'lucid, fearless, cold, crisp, alert, analytical, unostentatious and retiring … dignified and decorous'. Mann was appointed
Knight Commander of the Order of St Michael and St George The Most Distinguished Order of Saint Michael and Saint George is a British order of chivalry founded on 28 April 1818 by George IV, Prince of Wales, while he was acting as prince regent for his father, King George III. It is named in honour ...
(KCMG) in the Coronation Honours of 1937. In 1941 Mann heard the matter of Trustee's Executors & Agency Co Ltd v Reilly. In that case, he was called upon to decide what the phrase “in respect of” meant. He said:
“the words ‘in respect of’ are diffecult (sic) of definition, but they have the widest possible meaning of any expression intended to convey some connection or relation between the two subject matters to which the words refer”.Cited in Butler V Johnston and others - (1984) 6
Australian Legal Digest Australian(s) may refer to: Australia * Australia, a country * Australians, citizens of the Commonwealth of Australia ** European Australians ** Anglo-Celtic Australians, Australians descended principally from British colonists ** Aboriginal Aus ...
(ALD) 518
Mann’s
dictum In general usage, a dictum ( in Latin; plural dicta) is an authoritative or dogmatic statement. In some contexts, such as legal writing and church cantata librettos, ''dictum'' can have a specific meaning. Legal writing In United States legal ter ...
in that case on the definition of the meaning of the words “in respect of” is still used today. Mann retired as chief justice in January 1944 and retired as lieutenant-governor in May 1945. In later years he became a trustee of the Melbourne Botanical Gardens Maud Gibson Trust. He died in 1958 at his home in the Melbourne suburb of
South Yarra South Yarra is an inner-city suburb in Melbourne, Victoria, Australia, 4 km south-east of Melbourne's Central Business District, located within the Cities of Melbourne and Stonnington local government areas. South Yarra recorded a popul ...
.


References

{{DEFAULTSORT:Mann, Frederick 1869 births 1958 deaths Military personnel from South Australia Australian military personnel of the Second Boer War Australian Army officers Chief Justices of Victoria Australian Knights Bachelor Australian Knights Commander of the Order of St Michael and St George Lawyers from Melbourne Melbourne Law School alumni Lieutenant-Governors of Victoria Colony of South Australia people