Sir John Madden, (16 May 1844 – 10 March 1918) was an Australian judge and politician who was the fourth and longest-serving
Chief Justice of Victoria
The Chief Justice of Victoria is the senior judge of the Supreme Court of Victoria and the highest ranking judicial officer in the Australian state of Victoria. The Chief Justice is both the judicial head of the Supreme Court as well as the admin ...
, in office from 1893 until his death. He was acting
governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
on a number of occasions.
Background and early years
Madden was born in the village of
Cloyne
Cloyne () is a small town to the southeast of Midleton in eastern County Cork. It is also a see city of the Anglican (Church of Ireland) Diocese of Cork, Cloyne and Ross, while also giving its name to a Roman Catholic diocese. St Colman's Ca ...
, near
Cork
Cork or CORK may refer to:
Materials
* Cork (material), an impermeable buoyant plant product
** Cork (plug), a cylindrical or conical object used to seal a container
***Wine cork
Places Ireland
* Cork (city)
** Metropolitan Cork, also known as G ...
, Ireland, in 1844, the second of seven sons of a Cork solicitor also named John Madden. The family moved to London, UK in 1852, where his father had taken a job managing an insurance company, and there Madden attended a private school. He also spent some time at a college in
Beauchamp, France. In January 1857, the family emigrated 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 ...
, Australia, where John Madden senior was admitted as a
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 ...
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 ...
. The family lived in the suburb of
Flemington. Madden was enrolled in St Patrick's College in
East Melbourne
East Melbourne is an inner-city suburb in Melbourne, Victoria, Australia, east of Melbourne's Central Business District, located within the City of Melbourne local government area. East Melbourne recorded a population of 4,896 at the 2021 ...
. He later 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 ...
, graduating with a Bachelor of Arts in 1864, a Bachelor of Laws in 1865.
Legal and political career
Madden 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 ...
on 14 September 1865, where he established a good reputation for himself, particularly in
equity
Equity may refer to:
Finance, accounting and ownership
* Equity (finance), ownership of assets that have liabilities attached to them
** Stock, equity based on original contributions of cash or other value to a business
** Home equity, the dif ...
and
criminal law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
matters. In 1869, he received a Doctorate of Laws degree from the University of Melbourne. He stood for election to the
Victorian Legislative Assembly
The Victorian Legislative Assembly is the lower house of the bicameral Parliament of Victoria in Australia; the upper house being the Victorian Legislative Council. Both houses sit at Parliament House in Spring Street, Melbourne.
The presiding ...
in 1871, for the seat of
West Bourke, but was unsuccessful. In 1872, he married Gertrude Stephen, with whom Madden subsequently had one son and five daughters. Madden was elected for the seat of West Bourke at the subsequent election, and in October 1875 was made the Minister for Justice in the
McCulloch government. He lost his seat at the following election, but was temporarily retained as Minister for Justice until 1876, when he was elected to the Assembly for the seat of
Sandridge
Sandridge is a village and civil parish between St Albans and Wheathampstead in Hertfordshire, England.
History
The original name was "Saundruage" meaning a place of sandy soil serviced by bond tenants.
The earliest recorded mention of Sandri ...
. After
McCulloch's resignation in May 1877, Madden left the ministry, but returned in March 1880 when he was made Minister for Justice in the
Service government. This government only lasted five months, however.
Madden retired from politics in 1883 to concentrate on his successful legal practice, which flourished during the Victorian land boom of the 1880s. He was considered one of the leaders of the Victorian Bar at this time, to the extent that by 1890, he was involved in about thirty percent of all cases coming before 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 1887, he had a thirty-room mansion built for himself and his family in
Chapel Street
Chapel Street is a street in Melbourne, Victoria, running along the inner suburbs of South Yarra, Prahran, Windsor, St Kilda and St Kilda East.
Route
Chapel Street is essentially straight and runs for over 4.14 kilometres along an approximat ...
in
St Kilda East
St Kilda East is a suburb in Melbourne, Victoria, Australia, 6 km south-east of Melbourne's Central Business District, located within the Cities of Glen Eira and Port Phillip local government areas. St Kilda East recorded a population of 1 ...
. It was named ''Cloyne'', after the town where he was born. The property is currently owned by the
Salvation Army
Salvation (from Latin: ''salvatio'', from ''salva'', 'safe, saved') is the state of being saved or protected from harm or a dire situation. In religion and theology, ''salvation'' generally refers to the deliverance of the soul from sin and its c ...
. He was offered judicial positions several times, and rejected them, however after Chief Justice
George Higinbotham
George Higinbotham (19 April 1826 – 31 December 1892) was a politician and was a Chief Justice of the Supreme Court of Victoria, which is the highest ranking court in the Australian colony (and later, State) of Victoria.
Early life
George H ...
died in late 1892, Madden was offered his position, and became the next Chief Justice on 9 January 1893. He was knighted later that year.
One of the more interesting cases that Madden presided over was ''Bloomfield v Dunlop Tyre Co Ltd'', decided 8 May 1902, and thought to be the first court case involving a car accident in
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 ...
. A demonstration vehicle owned by the
Australasian Dunlop Tyre company was being driven towards the
Royal Melbourne Showgrounds
Melbourne Showgrounds is located in the inner north-western suburb of Ascot Vale, Victoria, Australia, next door to Flemington Racecourse. The largest and most flexible indoor/outdoor venue space in Melbourne the Showgrounds is the home of the an ...
by the general manager and the advertising manager of the company. As they were passing the
Flemington Racecourse
Flemington Racecourse is a major horse racing venue located in Melbourne, Victoria, Australia. It is most notable for hosting the Melbourne Cup, which is the world's richest handicap and the world's richest 3200-metre horse race. The racecou ...
, they slowed but did not stop, and after startling some horses, they collided with one, injuring its leg. The horse's owner sued Dunlop Tyres. The case came before Madden, who admitted that he didn't know anything about cars, and requested a demonstration outside the court building in
William Street. After viewing the car's performance, and the driving skill of the two managers, he promptly found in favour of the horse owner, awarding him £250 in
damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...
. Madden, however, quickly warmed to automobiles and became the first president of the
Royal Automobile Club of Victoria
The Royal Automobile Club of Victoria (RACV) is a motoring club and mutual organisation. It offers various services to members, including insurance and roadside assistance.
It has about 30,000 ordinary club members who have access to the lifes ...
in 1903.
Civic leadership roles
Aside from his political and judicial work, Madden was the
vice-chancellor
A chancellor is a leader of a college or university, usually either the executive or ceremonial head of the university or of a university campus within a university system.
In most Commonwealth of Nations, Commonwealth and former Commonwealth n ...
of the University of Melbourne from 3 June 1889 to 20 December 1897 and then
chancellor
Chancellor ( la, cancellarius) is a title of various official positions in the governments of many nations. The original chancellors were the of Roman courts of justice—ushers, who sat at the or lattice work screens of a basilica or law cou ...
until his death in 1918. In 1899 he was appointed as
Lieutenant-Governor
A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-comm ...
of Victoria, and was made a
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) later that year. When
Governor of Victoria
The governor of Victoria is the representative of the monarch, King Charles III, in the Australian state of Victoria. The governor is one of seven viceregal representatives in the country, analogous to the governors of the other states, and the ...
Sir
John Fuller was away in the United Kingdom in 1913, Madden assumed his role after a
motion of no confidence
A motion of no confidence, also variously called a vote of no confidence, no-confidence motion, motion of confidence, or vote of confidence, is a statement or vote about whether a person in a position of responsibility like in government or mana ...
was successfully moved against
Premier of Victoria
The premier of Victoria is the head of government in the Australian state of Victoria. The premier is appointed by the governor of Victoria, and is the leader of the political party able to secure a majority in the Victorian Legislative Assembly ...
William Watt. Madden caused some controversy when instead of appointing
Donald McLeod of the
Commonwealth Liberal Party
The Liberal Party was a parliamentary party in Australian federal politics between 1909 and 1917. The party was founded under Alfred Deakin's leadership as a merger of the Protectionist Party and Anti-Socialist Party, an event known as the Fu ...
, he appointed
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 labour ...
leader
George Elmslie
George Grant Elmslie (February 20, 1869 – April 23, 1952) was a Scottish-born American Prairie School architect whose work is mostly found in the Midwestern United States. He worked with Louis Sullivan and later with William Gray Purcell as ...
. Elmslie's term in office lasted only thirteen days before his appointment was rejected by the Legislative Assembly.
In 1905, members of the Victorian Bar donated a sum of money to the University of Melbourne in recognition of Madden's services to the university and the community; the sum funds the John Madden Exhibitions, awarded to students of law. In 1906, he was elevated to Knight Grand Cross of the Order of St Michael and St George (GCMG).
It's an Honour: GCMG
/ref> When the Historical Society of Victoria
The Royal Historical Society of Victoria is a community organisation promoting the history of the state of Victoria, Australia. It functions to promote and research the history of that state after settlement, and as an umbrella organisation for ...
was formed on 21 May 1909, Madden was made its first patron
Patronage is the support, encouragement, privilege, or financial aid that an organization or individual bestows on another. In the history of art, arts patronage refers to the support that kings, popes, and the wealthy have provided to artists su ...
.
Arms
Death
Madden died suddenly in 1918, and was buried in the Melbourne General Cemetery
The Melbourne General Cemetery is a large (43 hectare) necropolis located north of the city of Melbourne in the suburb of Carlton North.
The cemetery is notably the resting place of four Prime Ministers of Australia, more than any other nec ...
. He was survived by his wife and six children.
See also
* Judiciary of Australia
The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matter ...
* List of Judges of the Supreme Court of Victoria
References
# (1902) 28 VLR 72; (1902) 8 ALR 103
#
*
*
*
*
External links
Supreme Court of Victoria Website
{{DEFAULTSORT:Madden, John
1844 births
1918 deaths
19th-century Australian judges
20th-century Australian judges
Chief Justices of Victoria
Lawyers from Melbourne
Australian Knights Bachelor
Australian Knights Grand Cross of the Order of St Michael and St George
Australian politicians awarded knighthoods
Melbourne Law School alumni
Members of the Victorian Legislative Assembly
Vice-Chancellors of the University of Melbourne
Chancellors of the University of Melbourne
Colony of Victoria judges
Judges from Melbourne
Lieutenant-Governors of Victoria
Irish emigrants to colonial Australia
Burials at Melbourne General Cemetery
People from St Kilda, Victoria