Sir John Greig Latham
GCMG
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 ...
QC (26 August 1877 – 25 July 1964) was an Australian lawyer, politician, and judge who served as the fifth
Chief Justice of Australia, in office from 1935 to 1952. He had earlier served as
Attorney-General of Australia under
Stanley Bruce
Stanley Melbourne Bruce, 1st Viscount Bruce of Melbourne, (15 April 1883 – 25 August 1967) was an Australian politician who served as the eighth prime minister of Australia from 1923 to 1929, as leader of the Nationalist Party.
Born ...
and
Joseph Lyons
Joseph Aloysius Lyons (15 September 1879 – 7 April 1939) was an Australian politician who served as the 10th Prime Minister of Australia, in office from 1932 until his death in 1939. He began his career in the Australian Labor Party (ALP), ...
, and was
Leader of the Opposition from 1929 to 1931 as the final leader of the
Nationalist Party.
Latham was born in
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 ...
. He studied arts and 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 no ...
, and was
called to the bar in 1904. He soon became one 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 ...
's best known barristers. In 1917, Latham joined the
Royal Australian Navy
The Royal Australian Navy (RAN) is the principal naval force of the Australian Defence Force (ADF). The professional head of the RAN is Chief of Navy (CN) Vice Admiral Mark Hammond AM, RAN. CN is also jointly responsible to the Minister of ...
as the head of its intelligence division. He served on the Australian delegation to the
1919 Paris Peace Conference
Events
January
* January 1
** The Czechoslovak Legions occupy much of the self-proclaimed "free city" of Bratislava, Pressburg (now Bratislava), enforcing its incorporation into the new republic of Czechoslovakia.
** HMY Iolaire, HMY ''Io ...
, where he came into conflict with Prime Minister
Billy Hughes. At the
1922 federal election, Latham was elected to parliament as an independent on an anti-Hughes platform. He got on better with Hughes' successor Stanley Bruce, and formally joined the Nationalist Party in 1925, subsequently winning promotion to cabinet as Attorney-General. He was also
Minister for Industry from 1928, and was one of the architects of the unpopular industrial relations policy that contributed to the government's defeat at the
1929 election. Bruce lost his seat, and Latham was reluctantly persuaded to become Leader of the Opposition.
In 1931, Latham led the Nationalists into the new
United Australia Party
The United Australia Party (UAP) was an Australian political party that was founded in 1931 and dissolved in 1945. The party won four federal elections in that time, usually governing in coalition with the Country Party. It provided two prim ...
, joining with Joseph Lyons and other disaffected
Labor
Labour or labor may refer to:
* Childbirth, the delivery of a baby
* Labour (human activity), or work
** Manual labour, physical work
** Wage labour, a socioeconomic relationship between a worker and an employer
** Organized labour and the la ...
MPs. Despite the Nationalists forming a larger proportion of the new party, he relinquished the leadership to Lyons, a better campaigner, thus becoming the first opposition leader to fail to contest a general election. In the
Lyons Government, Latham was the ''de facto''
deputy prime minister
A deputy prime minister or vice prime minister is, in some countries, a government minister who can take the position of acting prime minister when the prime minister is temporarily absent. The position is often likened to that of a vice president ...
, serving both as Attorney-General and
Minister for External Affairs. He retired from politics in 1934, and the following year was appointed to the
High Court as Chief Justice. From 1940 to 1941, Latham took a leave of absence from the court to become the inaugural
Australian Ambassador to Japan. He left office in 1952 after almost 17 years as Chief Justice; only
Garfield Barwick
Sir Garfield Edward John Barwick, (22 June 190313 July 1997) was an Australian judge who was the seventh and longest serving Chief Justice of Australia, in office from 1964 to 1981. He had earlier been a Liberal Party of Australia, Liberal Part ...
has served for longer.
Early life and education
Latham was born in
Ascot Vale
Ascot Vale is an inner-city suburb in Melbourne, Victoria, Australia, north-west of Melbourne's Central Business District, located within the City of Moonee Valley local government area. Ascot Vale recorded a population of 15,197 at the 2021 c ...
, a suburb of Melbourne, Australia. His father was a prominent citizen, whose achievements as secretary for the Society for the Protection of Animals were deeply respected. John Latham won a scholarship and became a successful student at
Scotch College and 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 no ...
, studying logic, philosophy and law. At one point, he was the recipient of the Supreme Court Judges' Prize. In November 1902, Latham became the first secretary of the
Boobook Society (named for the
southern boobook
The Australian boobook (''Ninox boobook''), which is known in some regions as the mopoke, is a species of owl native to mainland Australia, southern New Guinea, the island of Timor, and the Sunda Islands. Described by John Latham in 1801, it w ...
owl), a group of Melbourne academics and professionals which still meets.
Career
Naval career
During World War I, he was an intelligence officer in the
Royal Australian Navy
The Royal Australian Navy (RAN) is the principal naval force of the Australian Defence Force (ADF). The professional head of the RAN is Chief of Navy (CN) Vice Admiral Mark Hammond AM, RAN. CN is also jointly responsible to the Minister of ...
, holding the rank of
lieutenant commander
Lieutenant commander (also hyphenated lieutenant-commander and abbreviated Lt Cdr, LtCdr. or LCDR) is a commissioned officer rank in many navies. The rank is superior to a lieutenant and subordinate to a commander. The corresponding ran ...
. He was the head of Naval Intelligence from 1917, and was part of the Australian delegation to the Imperial Conference and then the
Versailles Peace Conference
The Palace of Versailles ( ; french: Château de Versailles ) is a former royal residence built by King Louis XIV located in Versailles, about west of Paris, France. The palace is owned by the French Republic and since 1995 has been managed, u ...
, for which he was appointed
Companion of the Order of St Michael and St George (CMG) in the 1920 New Year Honours. He grew to dislike Prime Minister
Billy Hughes.
Legal career
![Johnlatham](https://upload.wikimedia.org/wikipedia/commons/f/fa/Johnlatham.jpg)
Latham had a distinguished legal career. He was admitted to the
Victorian Bar
The Victorian Bar is the bar association of the Australian State of Victoria. The current President of the Bar is Roisin Annesley KC. Its members are barristers registered to practice in Victoria. On 30 June 2020, there were 2,179 counsels ...
in 1904, and was made a
King's Counsel in 1922. In 1920, Latham appeared before the High Court representing the
State of Victoria
Victoria is a state in southeastern Australia. It is the second-smallest state with a land area of , the second most populated state (after New South Wales) with a population of over 6.5 million, and the most densely populated state i ...
in the famous
Engineers' case, alongside such people as
Dr H.V. Evatt and
Robert Menzies.
Political career
In 1922, Latham was elected to the
Australian House of Representatives
The House of Representatives is the lower house of the bicameral Parliament of Australia, the upper house being the Senate. Its composition and powers are established in Chapter I of the Constitution of Australia.
The term of members o ...
for
Kooyong in eastern Melbourne. Although his philosophy was close to Hughes'
Nationalist Party, Latham's experience of Hughes in Europe ensured that he would not serve under him in a Parliament. Instead, he initially aligned himself with the
Liberal Union, a group of conservatives opposed to Hughes; his campaign slogan was 'Get Rid of Hughes'. On Hughes' removal in 1923, he subsequently joined the Nationalist Party (though he officially remained a Liberal until 1925). From 1925 to 1929, he served as the Commonwealth
Attorney-General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
in the Bruce–
Page
Page most commonly refers to:
* Page (paper), one side of a leaf of paper, as in a book
Page, PAGE, pages, or paging may also refer to:
Roles
* Page (assistance occupation), a professional occupation
* Page (servant), traditionally a young m ...
government. He wrote several books, including ''Australia and the British Empire'' in which he argued for Australia's place in the British Empire.
After Bruce lost his Parliamentary seat in 1929, Latham was elected as leader of the Nationalist Party, and hence Leader of the Opposition. He opposed the ratification of the
Statute of Westminster (1931) and worked very hard to prevent it.
Two years later,
Joseph Lyons
Joseph Aloysius Lyons (15 September 1879 – 7 April 1939) was an Australian politician who served as the 10th Prime Minister of Australia, in office from 1932 until his death in 1939. He began his career in the Australian Labor Party (ALP), ...
led defectors from the
Labor Party across the floor and merged them with the Nationalists to form the
United Australia Party
The United Australia Party (UAP) was an Australian political party that was founded in 1931 and dissolved in 1945. The party won four federal elections in that time, usually governing in coalition with the Country Party. It provided two prim ...
. Although the new party was dominated by former Nationalists, Latham agreed to become Deputy Leader of the Opposition under Lyons. It was believed having a former Labor man at the helm would present an image of national unity in the face of the economic crisis. Additionally, the affable Lyons was seen as much more electorally appealing than the aloof Latham, especially given that the UAP's primary goal was to win over natural Labor constituencies to what was still, at bottom, an upper- and middle-class conservative party. Future ALP leader
Arthur Calwell
Arthur Augustus Calwell (28 August 1896 – 8 July 1973) was an Australian politician who served as the leader of the Labor Party from 1960 to 1967. He led the party to three federal elections.
Calwell grew up in Melbourne and attended St J ...
wrote in his autobiography, ''Be Just and Fear Not,'' that by standing aside in favour of Lyons, Latham knew he was giving up a chance to become Prime Minister.
The UAP won a huge victory in the 1931 election, and Latham was appointed Attorney-General once again. He also served as
Minister for External Affairs and (unofficially) the
Deputy Prime Minister
A deputy prime minister or vice prime minister is, in some countries, a government minister who can take the position of acting prime minister when the prime minister is temporarily absent. The position is often likened to that of a vice president ...
. Latham held these positions until 1934, when he retired from the
Commonwealth Parliament
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the governor-g ...
. He was succeeded as member for Kooyong, Attorney-General and Minister of Industry by Menzies, who would go on to become Australia's longest-serving Prime Minister.
Latham became the first former Opposition Leader, who did not become Prime Minister, to become a minister.
He was the only person to hold this distinction until Bill Hayden in 1983.
Judicial career
![CJSJohnLatham](https://upload.wikimedia.org/wikipedia/commons/f/f8/CJSJohnLatham.jpg)
Latham was appointed Chief Justice of the
High Court of Australia on 11 October 1935. From 1940 to 1941, he took leave from the Court and travelled to Tokyo to serve as Australia's first
Minister to Japan. He retired from the High Court in April 1952, after a then-record 16 years in office.
As Chief Justice, Latham corresponded with political figures to an extent later writers have viewed as inappropriate. Latham offered advice on political matters – frequently unsolicited – to several prime ministers and other senior government figures. During World War II, he made a number of suggestions about defence and foreign policy, and provided
John Curtin
John Curtin (8 January 1885 – 5 July 1945) was an Australian politician who served as the 14th prime minister of Australia from 1941 until his death in 1945. He led the country for the majority of World War II, including all but the last few ...
with a list of constitutional amendments he believed should be made to increase the federal government's power. Towards the end of his tenure, Latham's correspondence increasingly revealed his personal views on major political issues that had previously come before the court; namely, opposition to the
Chifley Government's health policies and support of the
Menzies Government
Menzies is a Scottish surname, with Gaelic forms being Méinnearach and Méinn, and other variant forms being Menigees, Mennes, Mengzes, Menzeys, Mengies, and Minges.
Derivation and history
The name and its Gaelic form are probably derived f ...
's attempt to ban the
Communist Party
A communist party is a political party that seeks to realize the socio-economic goals of communism. The term ''communist party'' was popularized by the title of ''The Manifesto of the Communist Party'' (1848) by Karl Marx and Friedrich Engels. ...
. He advised Earle Page on how the government could amend the constitution to legally ban the Communist Party, and corresponded with his friend
Richard Casey on ways to improve the
Liberal Party
The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left.
__TOC__ Active liberal parties
This is a li ...
's platform.
According to Fiona Wheeler, there was no direct evidence that Latham's political views interfered with his judicial reasoning, but "the mere appearance of partiality is enough for concern" and could have been difficult to refute if uncovered. She particularly singles out his correspondence with Casey as "an extraordinary display of political partisanship by a serving judge." Although Latham emphasised the need for secrecy to the recipients of his letters, he retained copies of most of them in his personal papers, apparently unconcerned that they could be discovered and analysed after his death. He rationalised his actions as those of a private individual, separate from his official position, and maintained a "Janus-like divide between his public and private persona". In other fora he took pains to demonstrate his independence, rejecting speaking engagements if he believed they could be construed as political statements. Nonetheless, "many instances of Latham's advising
..would today be regarded as clear affronts to basic standards of
judicial independence and propriety".
Latham was one of only eight justices of the High Court to have served in the Parliament of Australia prior to his appointment to the Court; the others were
Edmund Barton,
Richard O'Connor
General Sir Richard Nugent O'Connor, (21 August 1889 – 17 June 1981) was a senior British Army officer who fought in both the First and Second World Wars, and commanded the Western Desert Force in the early years of the Second World War. ...
,
Isaac Isaacs
Sir Isaac Alfred Isaacs (6 August 1855 – 11 February 1948) was an Australian lawyer, politician, and judge who served as the ninth Governor-General of Australia, in office from 1931 to 1936. He had previously served on the High Court of Au ...
,
H. B. Higgins,
Edward McTiernan
Sir Edward Aloysius McTiernan, KBE (16 February 1892 – 9 January 1990), was an Australian lawyer, politician, and judge. He served on the High Court of Australia from 1930 to 1976, the longest-serving judge in the court's history.
McTiernan ...
,
Garfield Barwick
Sir Garfield Edward John Barwick, (22 June 190313 July 1997) was an Australian judge who was the seventh and longest serving Chief Justice of Australia, in office from 1964 to 1981. He had earlier been a Liberal Party of Australia, Liberal Part ...
, and
Lionel Murphy
Lionel Keith Murphy QC (30 August 1922 – 21 October 1986) was an Australian politician, barrister, and judge. He was a Senator for New South Wales from 1962 to 1975, serving as Attorney-General in the Whitlam Government, and then sat on the ...
.
Personal life
He was a prominent rationalist and atheist, after abandoning his parents' Methodism at university. It was at this time that he ended his engagement to Elizabeth (Bessie) Moore, the daughter of Methodist Minister Henry Moore. Bessie later married Edwin P. Carter on the 18th May 1911 at the Northcote Methodist Church, High Street, Northcote.
Latham married Eleanor Mary Tobin, known as Ella. They had three children, two of whom predeceased him. His wife, Ella, also predeceased him. Latham died in 1964 in the Melbourne suburb of
Richmond
Richmond most often refers to:
* Richmond, Virginia, the capital of Virginia, United States
* Richmond, London, a part of London
* Richmond, North Yorkshire, a town in England
* Richmond, British Columbia, a city in Canada
* Richmond, California, ...
.
He was also a prominent campaigner for Australian literature, being part of the editorial board of ''The Trident'', a small liberal journal, which was edited by
Walter Murdoch
Sir Walter Logie Forbes Murdoch, (17 September 187430 July 1970) was a prominent Australian academic and essayist famous for his intelligence and wit. He was a founding professor of English studies, English and former Chancellor (education), C ...
. The board also included poet
Bernard O'Dowd
Bernard Patrick O'Dowd (11 April 1866 – 1 September 1953) was an Australian poet, activist, lawyer, and journalist. He worked for the Victorian colonial and state governments for almost 50 years, first as an assistant librarian at the Supreme ...
.
Latham was president of the Free Library Movement of Victoria from 1937 and served as president of the
Library Association of Australia
The Australian Library and Information Association (ALIA), formerly the Australian Institute of Librarians and Library Association of Australia, is the peak professional organisation for the Australian library and information services sector. F ...
from 1950 to 1953. He was the first non-librarian to hold the position.
Legacy
The
Canberra suburb of
Latham was named after him in 1971. There is also a lecture theatre named after him 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 no ...
.
Footnotes
References
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External links
{{DEFAULTSORT:Latham, John
1877 births
1964 deaths
Lawyers from Melbourne
Ambassadors of Australia to Japan
Attorneys-General of Australia
Australian Knights Grand Cross of the Order of St Michael and St George
Australian politicians awarded knighthoods
Australian Leaders of the Opposition
Australian ministers for Foreign Affairs
Australian members of the Privy Council of the United Kingdom
Melbourne Law School alumni
Nationalist Party of Australia members of the Parliament of Australia
United Australia Party members of the Parliament of Australia
Members of the Australian House of Representatives for Kooyong
Members of the Australian House of Representatives
Members of the Cabinet of Australia
Royal Australian Navy officers
Australian military personnel of World War I
Chief justices of Australia
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People educated at Scotch College, Melbourne
Australian lacrosse players
Australian King's Counsel
Australian atheists
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Liberal Party (1922) members of the Parliament of Australia
Leaders of the Nationalist Party of Australia
20th-century Australian politicians
Former Methodists
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People from Ascot Vale, Victoria