Lionel Murphy
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Lionel Keith Murphy QC (30 August 1922 – 21 October 1986) was an Australian politician, barrister, and judge. He was a
Senator A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
for
New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...
from 1962 to 1975, serving as
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 Whitlam Government, and then sat on the High Court from 1975 until his death. Murphy was born in
Sydney Sydney ( ) is the capital city of the state of New South Wales, and the most populous city in both Australia and Oceania. Located on Australia's east coast, the metropolis surrounds Sydney Harbour and extends about towards the Blue Mountain ...
, and attended
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 ...
before going on to the
University of Sydney The University of Sydney (USYD), also known as Sydney University, or informally Sydney Uni, is a public research university located in Sydney, Australia. Founded in 1850, it is the oldest university in Australia and is one of the country's si ...
. He initially graduated with a degree in chemistry, but then went on to
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, havin ...
and eventually became 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 ...
. He specialised in labour and industrial law, and
took silk In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or a ...
in 1960. Murphy was elected to the Senate at the 1961 federal election, as a member of the Labor Party. He became Leader of the Opposition in the Senate in 1967. Following Labor's victory at the 1972 federal election,
Gough Whitlam Edward Gough Whitlam (11 July 191621 October 2014) was the 21st prime minister of Australia, serving from 1972 to 1975. The longest-serving federal leader of the Australian Labor Party (ALP) from 1967 to 1977, he was notable for being the he ...
appointed Murphy as Attorney-General and
Minister for Customs and Excise The Minister for Immigration, Citizenship and Multicultural Affairs is a ministerial post of the Australian Government and is currently held by Andrew Giles, pending the swearing in of the full Albanese ministry on 1 June 2022, following the A ...
. He oversaw a number of reforms, establishing the
Family Court of Australia The Family Court of Australia was a superior Australian federal court of record which deals with family law matters, such as divorce applications, parenting disputes, and the division of property when a couple separate. Together with the Fede ...
, the
Law Reform Commission A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...
, and the
Australian Institute of Criminology The Australian Institute of Criminology (AIC) is Australia's national research and knowledge centre on crime and criminal justice. The Institute seeks to promote justice and reduce crime by undertaking and communicating evidence-based research ...
, and developing the ''
Family Law Act 1975 The ''Family Law Act 1975'' (Cth) is an Act of the Parliament of Australia. It has 15 parts and is the primary piece of legislation dealing with divorce, parenting arrangements between separated parents (whether married or not), property separ ...
'', which fully established
no-fault divorce In a no-fault divorce the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage w ...
. He also authorised the 1973 Murphy raids on
ASIO ''Asio'' is a genus of typical owls, or true owls, in the family Strigidae. This group has representatives over most of the planet, and the short-eared owl is one of the most widespread of all bird species, breeding in Europe, Asia, North and S ...
. In 1975, following the death of
Douglas Menzies Sir Douglas Ian Menzies KBE (7 September 190729 November 1974) was an Australian judge, serving as a Justice of the High Court of Australia. He was also Chancellor of Monash University from 1968 until his death in 1974. Early life Menzies ...
, Murphy was appointed to the High Court. He is the most recent politician to be appointed to the court. On the court, Murphy was known for his radicalism and
judicial activism Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint. The term usually ...
. However, his final years were marred by persistent allegations of corruption. He was convicted of
perverting the course of justice Perverting the course of justice is an offence committed when a person prevents justice from being served on themselves or on another party. In England and Wales it is a common law offence, carrying a maximum sentence of life imprisonment. Statu ...
in 1985, but had the conviction overturned on appeal and was acquitted at a second trial. In 1986, a commission was established to determine whether he was fit to remain on the court, but it was abandoned when Murphy announced that he was suffering from terminal cancer.


Early life and education

Murphy was the youngest of five sons, and sixth of seven children of William, a native of
County Tipperary County Tipperary ( ga, Contae Thiobraid Árann) is a county in Ireland. It is in the province of Munster and the Southern Region. The county is named after the town of Tipperary, and was established in the early 13th century, shortly after th ...
, and Lily Murphy. He was born and grew up in Sydney. Though the Murphy household was
Irish Catholic Irish Catholics are an ethnoreligious group native to Ireland whose members are both Catholic and Irish. They have a large diaspora, which includes over 36 million American citizens and over 14 million British citizens (a quarter of the British ...
, albeit estranged from the
Church Church may refer to: Religion * Church (building), a building for Christian religious activities * Church (congregation), a local congregation of a Christian denomination * Church service, a formalized period of Christian communal worship * C ...
, Murphy became a humanist and rationalist. He was educated at government schools in Sydney's south-eastern suburbs, including Kensington Public School in
Kensington Kensington is a district in the Royal Borough of Kensington and Chelsea in the West End of London, West of Central London. The district's commercial heart is Kensington High Street, running on an east–west axis. The north-east is taken up b ...
, where he was dux after repeating his final year in 1935, and
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 ...
from 1936–40 in nearby Moore Park, graduating with A levels in English, Mathematics, and Chemistry and B levels in Physics and French. After completing his secondary education, in 1941, Murphy matriculated to the
University of Sydney The University of Sydney (USYD), also known as Sydney University, or informally Sydney Uni, is a public research university located in Sydney, Australia. Founded in 1850, it is the oldest university in Australia and is one of the country's si ...
, though he had not been successful in gaining a university scholarship awarded to the top 100 in the state. His initial scholastic performance was ordinary and he briefly considered transferring to study 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 ...
majoring in
psychology Psychology is the scientific study of mind and behavior. Psychology includes the study of conscious and unconscious phenomena, including feelings and thoughts. It is an academic discipline of immense scope, crossing the boundaries betwe ...
at the
Faculty of Arts A faculty is a division within a university or college comprising one subject area or a group of related subject areas, possibly also delimited by level (e.g. undergraduate). In American usage such divisions are generally referred to as colleges ...
. Murphy excelled in his final year, graduating from the School of Chemistry,
Faculty of Science Faculty may refer to: * Faculty (academic staff), the academic staff of a university (North American usage) * Faculty (division), a division within a university (usage outside of the United States) * Faculty (instrument), an instrument or warrant ...
with a
Bachelor of Science A Bachelor of Science (BS, BSc, SB, or ScB; from the Latin ') is a bachelor's degree awarded for programs that generally last three to five years. The first university to admit a student to the degree of Bachelor of Science was the University of ...
with Honours in
Organic Chemistry Organic chemistry is a subdiscipline within chemistry involving the scientific study of the structure, properties, and reactions of organic compounds and organic materials, i.e., matter in its various forms that contain carbon atoms.Clayden, J.; ...
. In 1943, he commenced working in the chemical industry, thereby coming under the authority of the wartime
Manpower Directorate The Israeli Personnel Directorate (, ''Agaf Koakh Adam'', abbreviated to AKA), formerly called the Manpower Directorate and the Human Resources Directorate, is the Israel Defense Forces body that holds responsibility for planning and coordination ...
. In 1945, Murphy commenced studying law at 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, havin ...
of the University of Sydney and, in 1949, graduated with a
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 ...
with Honours. While at the University of Sydney, during both his science and law degrees, Murphy was politically and socially active and was involved in the Students' Chemistry Society, the Junior Science Association, and the Science Association. In 1944, in his third year of his science degree, Murphy was elected to the Students' Representative Council but was dismissed two hours after his election victory, on a "constitutional technicality". This event is said to have cemented his interest in politics and law, and he commenced participating in the university's debating society and its monthly debates the following year.


Legal career

Unusually, two years prior to his graduating with and possessing a law degree, Murphy passed the Barristers' Admission Board examination and was admitted to the New South Wales Bar Association in 1947. After graduating from the University of Sydney Faculty of Law, Murphy took up residence in University Chambers,
Phillip Street Phillip Street is a street in the central business district of Sydney in New South Wales, Australia. While the street runs from King Street in the south to Circular Quay in the north, the present street is effectively in two sections, sepa ...
and then moved to the fourth floor of Wentworth Chambers. He rapidly established himself as a labour/industrial lawyer, representing left-wing unionists. In 1960, he was appointed as a
Queen's Counsel In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of ...
.


Parliamentary career

Murphy was a member of the
Australian Labor Party The Australian Labor Party (ALP), also simply known as Labor, is the major centre-left political party in Australia, one of two major parties in Australian politics, along with the centre-right Liberal Party of Australia. The party forms the f ...
from an early age. In the Senate pre-selection convention in the Sydney Trades Hall in April 1960, he had the backing of
Ray Gietzelt Ray Gietzelt AO (29 September 192212 October 2012) was a major figure in the Australian union movement in the latter part of the 20th century. He led the Federated Miscellaneous Workers' Union of Australia (FMWU; later known as United Voice) ...
but lacked factional endorsement. However, he drew first position in addressing the delegates and won support with an impassioned but well-structured and infectiously optimistic seven-minute speech on the Labor Party's historical commitment to civil liberties and human rights. He was elected to the
Australian Senate The Senate is the upper house of the Bicameralism, bicameral Parliament of Australia, the lower house being the House of Representatives (Australia), House of Representatives. The composition and powers of the Senate are established in Chapter ...
in 1961, and, in 1967, he was elected Opposition Leader in the Senate.


Attorney-Generalship

In 1969, Labor Leader
Gough Whitlam Edward Gough Whitlam (11 July 191621 October 2014) was the 21st prime minister of Australia, serving from 1972 to 1975. The longest-serving federal leader of the Australian Labor Party (ALP) from 1967 to 1977, he was notable for being the he ...
appointed him Shadow Attorney-General and, when Labor won the 1972 election, he became
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 ...
and
Minister for Customs and Excise The Minister for Immigration, Citizenship and Multicultural Affairs is a ministerial post of the Australian Government and is currently held by Andrew Giles, pending the swearing in of the full Albanese ministry on 1 June 2022, following the A ...
. One of Murphy's more dramatic actions as Attorney-General was his sudden visit to the Melbourne headquarters of the
Australian Security Intelligence Organisation The Australian Security Intelligence Organisation (ASIO ) is Australia's national security agency responsible for the protection of the country and its citizens from espionage, sabotage, acts of foreign interference, politically motivated vio ...
(ASIO) on 16 March 1973. This came about because ASIO officers were unable to satisfy his requests for information concerning intelligence on supposed terrorist groups operated by
Croatian Australians Croatian Australians are Australian citizens of Croats, Croatian ancestry. Croatia has been a source of Human migration, migrants to Australia, particularly in the 1960s and 1970s. In 2021, 200,000 persons resident in Australia (0.6%) identifie ...
. Murphy's concern about the matter was heightened by the impending visit to Australia of the Yugoslav Prime Minister Džemal Bijedić. ASIO officers claimed not to be able to locate the file with which to properly brief Murphy. Murphy's belief was that, though a security service was an important part of the Australian social fabric, like any other arm of executive government it must be accountable to the relevant Minister. According to journalist
George Negus George Edward Negus AM (born 13 March 1942) is an Australian journalist, author, television and radio presenter specialising in international affairs. He was a pioneer of Australian TV journalism, first appearing on the ABC’s groundbreaking T ...
, then Murphy's press secretary: "Lionel had asked for the files of the six most dangerous or subversive people in Australia". When the files arrived, Murphy found they were of several
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. A ...
(CPA) unionists and people such as CPA leader and peace movement activist Mavis Robertson. When he told Whitlam, they both laughed. Murphy was highly involved in the behind-the-scenes machinations and parliamentary debates around the appointment of DLP Senator
Vince Gair Vincent Clair Gair (25 February 190111 November 1980) was an Australian politician. He served as Premier of Queensland from 1952 until 1957, when his stormy relations with the trade union movement saw him expelled from the Labor Party. He was e ...
as Ambassador to Ireland in 1974 (see
Gair Affair The Gair Affair was an episode in Australian political life in 1974, during the government led by the Labor Prime Minister Gough Whitlam. Whitlam offered the post of Ambassador to Ireland to a non-government senator from Queensland, Vince Gair, ...
), which preceded Whitlam's calling of a
double dissolution A double dissolution is a procedure permitted under the Australian Constitution to resolve deadlocks in the bicameral Parliament of Australia between the House of Representatives (lower house) and the Senate (upper house). A double dissolution ...
election for May 1974. Murphy's most important legislative achievement was the ''
Family Law Act 1975 The ''Family Law Act 1975'' (Cth) is an Act of the Parliament of Australia. It has 15 parts and is the primary piece of legislation dealing with divorce, parenting arrangements between separated parents (whether married or not), property separ ...
'', which completely overhauled Australia's law on divorce and other
family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, ...
matters. It established the principle of "
no-fault divorce In a no-fault divorce the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage w ...
", in the face of opposition from the Roman Catholic Church and many other individuals and organisations. This act also established the
Family Court of Australia The Family Court of Australia was a superior Australian federal court of record which deals with family law matters, such as divorce applications, parenting disputes, and the division of property when a couple separate. Together with the Fede ...
.


Civil Celebrants

Murphy used an existing provision of the Marriage Act 1961 (Section 39C) to establish the Civil Marriage Celebrant programme. Using this provision he appointed about a hundred Civil Celebrants and urged them to provide marriage ceremonies of dignity, meaning and substance for non-church people. It was an initiative opposed by the Australian Labor Party, the public servants of his department and his personal staff.
''The civil celebrant program is almost entirely the result of one man’s vision. Murphy himself told me the story of how he was opposed by his own staff, the public service, his fellow Members of Parliament s and officials of the Labour Party. He defied all, and, on July 19, 1973, in the dead of night typed the first appointment himself, found the envelope and stamp, walked to a post box and posted it himself. Lois D’Arcy, carries the honour of being appointed the first genuinely independent civil celebrant in Australia, and actually in all the world.''
Although it was a radical move at the time, the programme proved to be very successful. In 2015, 74.9 per cent of marrying couples in Australia chose a civil marriage celebrant to officiate. The programme broadened to include secular funerals of substance, namings and other ceremonies which celebrated the landmarks of human existence. Murphy took an enthusiastic interest in this programme - sending telegrams of congratulation to the first several hundred couples married by civil celebrants and would often unexpectedly turn up uninvited to weddings performed by celebrants to delight in his achievement.


Human Rights Bill

As Attorney-General, Murphy drew up a Human Rights Bill (which lapsed with the
double dissolution A double dissolution is a procedure permitted under the Australian Constitution to resolve deadlocks in the bicameral Parliament of Australia between the House of Representatives (lower house) and the Senate (upper house). A double dissolution ...
of 1974) giving as among the reasons: "in criminal law, our protections against detention for interrogation and unreasonable search and seizure, for access to counsel and to ensure the segregation of different categories of prisoners are inadequate. Australian laws on the powers of the police, the rights of an accused person and the state of the penal system generally are unsatisfactory. Our privacy laws are vague and ineffective. There are few effective constraints on the gathering of information, or its disclosure, or surveillance, against unwanted publicity by government, the media or commercial organisations". Murphy also introduced important legislation substantially abolishing appeals to the
Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
, removing
censorship Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient". Censorship can be conducted by governments ...
, providing freedom of access to government information, reforming corporations and trade practices law, protecting the environment, abolishing the
death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
and outlawing racial and other
discrimination Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, relig ...
. Furthermore, Murphy established a systematic
legal aid Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to co ...
service for all courts, set up the
Australian Law Reform Commission The Australian Law Reform Commission (often abbreviated to ALRC) is an Australian independent statutory body established to conduct reviews into the law of Australia. The reviews, also called inquiries or references, are referred to the ALRC by ...
with Michael Kirby as its inaugural chairman and set up the
Australian Institute of Criminology The Australian Institute of Criminology (AIC) is Australia's national research and knowledge centre on crime and criminal justice. The Institute seeks to promote justice and reduce crime by undertaking and communicating evidence-based research ...
. Murphy took the French Government to the
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
(ICJ) to protest against its
nuclear tests Nuclear weapons tests are experiments carried out to determine nuclear weapons' effectiveness, yield, and explosive capability. Testing nuclear weapons offers practical information about how the weapons function, how detonations are affected by ...
in the Pacific. The French government conducted 41 atmospheric nuclear tests at
Mururoa Moruroa (Mururoa, Mururura), also historically known as Aopuni, is an atoll which forms part of the Tuamotu Archipelago in French Polynesia in the southern Pacific Ocean. It is located about southeast of Tahiti. Administratively Moruroa Atoll i ...
after 1966 and formally ceased atmospheric nuclear testing in 1974 as a result of public pressure facilitated by Murphy's ICJ case.


Judicial career

In February 1975, Whitlam appointed Murphy to a vacancy on 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 was the first serving Labor politician appointed to the Court since Dr. H. V. Evatt in 1931 and the appointment was bitterly criticised. He resigned from the Senate on 9 February 1975 to take up the appointment. Murphy was the last High Court justice to have served as a Member of Parliament, and the last politician appointed to the High Court. Additionally, Murphy was one of only eight justices of the High Court to have served in the
Parliament of Australia The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the ...
prior to his appointment to the Court, along with
Edmund Barton Sir Edmund "Toby" Barton, (18 January 18497 January 1920) was an Australian politician and judge who served as the first prime minister of Australia from 1901 to 1903, holding office as the leader of the Protectionist Party. He resigned to ...
,
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 A ...
, 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 ...
, John Latham, and
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 politician, serving as a ...
. Although it did not become a constitutional requirement until 1977, it had been long-standing convention that a Senate
casual vacancy In politics, a casual vacancy (''casual'' in the sense of "by chance") is a situation in which a seat in a deliberative assembly becomes vacant during that assembly's term. Casual vacancies may arise through the death, resignation or disqualifi ...
be filled by a person from the same political party. However, on 27 February 1975, the
Premier of New South Wales The premier of New South Wales is the head of government in the state of New South Wales, Australia. The Government of New South Wales follows the Westminster Parliamentary System, with a Parliament of New South Wales acting as the legislature. ...
, Tom Lewis, controversially appointed
Cleaver Bunton Cleaver Ernest Bunton (5 May 190220 January 1999) was a long-serving Mayor of Albury, New South Wales, Australia, who came to national prominence in 1975 when he was controversially appointed to the Senate by New South Wales Liberal Party Premi ...
, a person with no political affiliations, to replace Murphy in the Senate, beginning the chain of events which led to the
1975 Australian constitutional crisis The 1975 Australian constitutional crisis, also known simply as the Dismissal, culminated on 11 November 1975 with the dismissal from office of the prime minister, Gough Whitlam of the Australian Labor Party (ALP), by Governor-General Sir Jo ...
. These events provided the impetus for the 1977 constitutional change that ensures such an appointment cannot be repeated, although a State Government can still achieve a similar result by declining to fill a Senate vacancy. Soon after his appointment to the bench, Murphy visited Justice Menzies' old chambers in Taylor Square, which would now be his. Staring at the volumes of British law reports on the shelves behind his desk, he said, "I want all of these to go". He replaced them with decisions from the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
.


Court cases and death

In July 1985, during the term of the Hawke Labor government, Murphy was initially convicted on one of two charges of attempting to pervert the course of justice, over allegations made by Clarrie Briese, the Chief Magistrate of
New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...
, that Murphy had attempted to influence a court case against Sydney lawyer Morgan Ryan, whom Murphy referred to as "my little mate". A subsequent appeal to the NSW Court of Appeals quashed Murphy's conviction on the grounds that the trial judge had misdirected the jury. A second trial was then held and, on 28 April 1986, Murphy was found not guilty of attempting to pervert the course of justice. After his acquittal, Murphy said, "Thank heavens for the jury system!". Attorney-General
Lionel Bowen Lionel Frost Bowen, AC (28 December 1922 – 1 April 2012) was an Australian politician and senior Labor Party figure, serving in the ministries of Gough Whitlam and Bob Hawke. He was Deputy Prime Minister of Australia from 1983 to 199 ...
, acting on what he said was his belief that the Justices of the High Court were minded to take some independent action to assess Justice Murphy's fitness to return to the Court, introduced legislation for a Parliamentary Commission of Inquiry, consisting of three retired judges, to examine "whether any conduct of the Honourable Lionel Keith Murphy has been such as to amount, in its opinion, to proved misbehaviour within the meaning of section 72 of the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...
". (Section 72 specifies that a High Court judge may be removed only by the Governor-General and both houses of Parliament "on the ground of proved misbehaviour or incapacity".) The terms of this inquiry specifically excluded the issues for which Murphy had already been tried and acquitted. The legislation establishing the Commission of Inquiry received assent in May 1986. In July, Murphy announced that he was dying of terminal cancer, and the establishing legislation was repealed. The Speaker of the House of Representatives and the President of the Senate were given control of the Commission's documents. Murphy returned to the Court for one week of sittings. He died on 21 October 1986.


Personal life

Murphy had a distinctive profile and a large nose that was broken in a 1950 car accident in England and left largely untreated. In July 1954, he married Russian-born Nina Morrow (née Vishegorodsky; known as Svidersky), a comptometrist, at St John's Church in
Darlinghurst Darlinghurst is an inner-city, eastern suburb of Sydney, New South Wales, Australia. Darlinghurst is located immediately east of the Sydney central business district (CBD) and Hyde Park, within the local government area of the City of Sydney. I ...
, Sydney. Their daughter, Lorel Katherine, was born in 1955. In 1967, Murphy's marriage to Nina ended in divorce. In 1969, Murphy married Ingrid Gee (née Grzonkowski), a model and television quiz-show compère who had been born in German-occupied Poland. They had two sons, Cameron and Blake. Cameron was President of the New South Wales Council for Civil Liberties from 1999 to 2013. Ingrid died in October 2007. In 2021, the
ABC ABC are the first three letters of the Latin script known as the alphabet. ABC or abc may also refer to: Arts, entertainment, and media Broadcasting * American Broadcasting Company, a commercial U.S. TV broadcaster ** Disney–ABC Television ...
investigative series '' Exposed: The Ghost Train Fire'' aired an allegation that Murphy and NSW Premier
Neville Wran Neville Kenneth Wran, (11 October 1926 – 20 April 2014) was an Australian politician who was the Premier of New South Wales from 1976 to 1986. He was the national president of the Australian Labor Party (ALP) from 1980 to 1986 and chairman ...
had conspired with
organised crime Organized crime (or organised crime) is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. While organized crime is generally th ...
figure
Abe Saffron Abraham Gilbert Saffron (6 October 1919 – 15 September 2006) was an Australian hotelier, nightclub owner and property developer who was one of the major figures in organised crime in Australia in the latter half of the 20th century. For sev ...
to help Saffron’s relatives obtain the
Luna Park Luna Park is a name shared by dozens of currently operating and defunct amusement parks. They are named after, and partly based on, the first Luna Park, which opened in 1903 during the heyday of large Coney Island parks. Luna parks are small-sc ...
lease after the 1979 Sydney Ghost Train fire, which caused the deaths of six children and an adult.


Judicial quotes

*
Australian Aboriginal Aboriginal Australians are the various Indigenous peoples of the Australian mainland and many of its islands, such as Tasmania, Fraser Island, Hinchinbrook Island, the Tiwi Islands, and Groote Eylandt, but excluding the Torres Strait Islands ...
history: *Freedom of religion: *Freedom of speech: *Trial by jury: Preservation of the world's
natural heritage Natural heritage refers to the sum total of the elements of biodiversity, including flora and fauna, ecosystems and geological structures. It forms part of our natural resources. Definition Heritage is that which is ''inherited'' from past gener ...
: *Constitutional prohibition of
slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
: *Constitutional prohibition on
civil conscription Civil conscription is the obligation of civilians to perform mandatory labour for the government. This kind of work has to correspond with the exceptions in international agreements, otherwise it could fall under the category of unfree labour. Th ...
for medical or dental services: *
Common heritage of humanity Common heritage of humanity (also termed the common heritage of mankind, common heritage of humankind or common heritage principle) is a principle of international law that holds the defined territorial areas and elements of humanity's common heri ...
: *Theory of
class struggle Class conflict, also referred to as class struggle and class warfare, is the political tension and economic antagonism that exists in society because of socio-economic competition among the social classes or between rich and poor. The forms ...
: *Right to vote: *Privilege against
self-incrimination In criminal law, self-incrimination is the act of exposing oneself generally, by making a statement, "to an accusation or charge of crime; to involve oneself or another ersonin a criminal prosecution or the danger thereof". (Self-incrimination ...
: *Legal professional privilege: *Acquisition of property on just terms: *Control of multinational corporations:


Legacy

In addition to his work as a legislator, Murphy also took a lifelong interest in science, having first studied science, then law, at the
University of Sydney The University of Sydney (USYD), also known as Sydney University, or informally Sydney Uni, is a public research university located in Sydney, Australia. Founded in 1850, it is the oldest university in Australia and is one of the country's si ...
. Justice Michael Kirby identified Murphy's later scientific reading as "a positive influence on his approach to jurisprudence".


"Lionel Murphy SNR"

N86 is a
nitrogen Nitrogen is the chemical element with the symbol N and atomic number 7. Nitrogen is a nonmetal and the lightest member of group 15 of the periodic table, often called the pnictogens. It is a common element in the universe, estimated at se ...
-abundant
supernova remnant A supernova remnant (SNR) is the structure resulting from the explosion of a star in a supernova. The supernova remnant is bounded by an expanding shock wave, and consists of ejected material expanding from the explosion, and the interstellar mat ...
(SNR) N86 in the
Large Magellanic Cloud The Large Magellanic Cloud (LMC), or Nubecula Major, is a satellite galaxy of the Milky Way. At a distance of around 50 kiloparsecs (≈160,000  light-years), the LMC is the second- or third-closest galaxy to the Milky Way, after the ...
. It was dubbed the "Lionel-Murphy SNR" by
astronomers An astronomer is a scientist in the field of astronomy who focuses their studies on a specific question or field outside the scope of Earth. They observe astronomical objects such as stars, planets, natural satellite, moons, comets and galaxy, g ...
at the
Australian National University The Australian National University (ANU) is a public research university located in Canberra, the capital of Australia. Its main campus in Acton encompasses seven teaching and research colleges, in addition to several national academies and ...
's
Mount Stromlo Observatory Mount Stromlo Observatory located just outside Canberra, Australia, is part of the Research School of Astronomy and Astrophysics at the Australian National University (ANU). History The observatory was established in 1924 as The Commonweal ...
in acknowledgement of Murphy's interest in science and because of SNR N86's perceived resemblance to a ''
Canberra Times ''The Canberra Times'' is a daily newspaper in Canberra, Australia, which is published by Australian Community Media. It was founded in 1926, and has changed ownership and format several times. History ''The Canberra Times'' was launched in ...
'' cartoonist's depiction of his large nose (prior to surgery), and a picture was hung in his office. A supernova remnant (SNR) results from the gigantic explosion of a star, the resulting
supernova A supernova is a powerful and luminous explosion of a star. It has the plural form supernovae or supernovas, and is abbreviated SN or SNe. This transient astronomical event occurs during the last evolutionary stages of a massive star or when ...
expelling much or all of the stellar material with velocities as much as 1% the
speed of light The speed of light in vacuum, commonly denoted , is a universal physical constant that is important in many areas of physics. The speed of light is exactly equal to ). According to the special theory of relativity, is the upper limit ...
and forming a
shock wave In physics, a shock wave (also spelled shockwave), or shock, is a type of propagating disturbance that moves faster than the local speed of sound in the medium. Like an ordinary wave, a shock wave carries energy and can propagate through a med ...
that can heat the gas up to temperatures as high as 10 million K, forming a plasma. Murphy normally rejected public honours (such as a knighthood) but accepted this because of the symbolic resemblance to his own impact on human rights in Australian law and its lasting significance as a "signpost" to space travellers. Murphy asked for a large mounted photo of SNR N86 from the scientific paper and placed it in his High Court chambers in the place where the other High Court justices usually hung a portrait of the Queen.


Lionel Murphy Foundation

The Lionel Murphy Foundation was co-founded by
Gough Whitlam Edward Gough Whitlam (11 July 191621 October 2014) was the 21st prime minister of Australia, serving from 1972 to 1975. The longest-serving federal leader of the Australian Labor Party (ALP) from 1967 to 1977, he was notable for being the he ...
,
Neville Wran Neville Kenneth Wran, (11 October 1926 – 20 April 2014) was an Australian politician who was the Premier of New South Wales from 1976 to 1986. He was the national president of the Australian Labor Party (ALP) from 1980 to 1986 and chairman ...
, and
Ray Gietzelt Ray Gietzelt AO (29 September 192212 October 2012) was a major figure in the Australian union movement in the latter part of the 20th century. He led the Federated Miscellaneous Workers' Union of Australia (FMWU; later known as United Voice) ...
in 1986. It funds postgraduate scholarships for students who "intend to pursue a postgraduate degree in science, law or legal studies, or other appropriate discipline" with a commitment to social justice.


Judicial philosophy and legacy

Mary Gaudron Mary Genevieve Gaudron (born 5 January 1943), is an Australian lawyer and judge, who was the first female Justice of the High Court of Australia. She was the Solicitor-General of New South Wales from 1981 until 1987 before her appointment to ...
, who herself would become a justice of the High Court, stated at Lionel Murphy's Memorial Service at
Sydney Town Hall The Sydney Town Hall is a late 19th-century heritage-listed town hall building in the city of Sydney, the capital city of New South Wales, Australia, housing the chambers of the Lord Mayor of Sydney, council offices, and venues for meetings and ...
:
''There are so many words – reformist,
radical Radical may refer to: Politics and ideology Politics *Radical politics, the political intent of fundamental societal change *Radicalism (historical), the Radical Movement that began in late 18th century Britain and spread to continental Europe and ...
,
humanitarian Humanitarianism is an active belief in the value of human life, whereby humans practice benevolent treatment and provide assistance to other humans to reduce suffering and improve the conditions of humanity for moral, altruistic, and emotional ...
,
civil libertarian Civil libertarianism is a strain of political thought that supports civil liberties, or which emphasizes the supremacy of individual rights and personal freedoms over and against any kind of authority (such as a state, a corporation, social no ...
,
egalitarian Egalitarianism (), or equalitarianism, is a school of thought within political philosophy that builds from the concept of social equality, prioritizing it for all people. Egalitarian doctrines are generally characterized by the idea that all hum ...
,
democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...
— they are all abstractions. My words are no better; but, for me, and perhaps for those of us who believe in justice based on practical equality, Lionel Murphy was – Lionel Murphy is – the electric light of the Law. He would take an ordinary old abstraction – like
equal justice Equal justice under law is a phrase engraved on the West Pediment, above the front entrance of the United States Supreme Court building in Washington D.C. It is also a societal ideal that has influenced the American legal system. The phrase was ...
— he would expose it, he would illuminate the abstraction, he would make its form stark, and so he could then say as he did in ''McInnis' case'', these words: "Where the kind of trial a person receives depends on the amount of money he or she has, there is no equal justice''".
Law professor Jack Goldring concluded that Murphy's approach as a High Court judge was "marked by a number of features: a strong
nationalism Nationalism is an idea and movement that holds that the nation should be congruent with the State (polity), state. As a movement, nationalism tends to promote the interests of a particular nation (as in a in-group and out-group, group of peo ...
conceding and welcoming the existence of States as political (albeit subsidiary) entities; a stalwart belief in
democracy Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose gov ...
and
parliamentary A parliamentary system, or parliamentarian democracy, is a system of democracy, democratic government, governance of a sovereign state, state (or subordinate entity) where the Executive (government), executive derives its democratic legitimacy ...
rule; a firm support for
civil liberties Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may ...
; and overall a '
constitutionalism Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional ...
' in the classical, liberal sense of seeing a constitution as not simply a legal document, but rather as a set of values shared by the community".


Notes


Books and a film on Lionel Murphy

* Lionel Murphy – a Political Biography * Five Voices for Lionel * In the Name of Lionel * The Judgments of Lionel Murphy * Justice Lionel Murphy * Lionel Murphy: A Radical Judge * FILM: Mr Neal is entitled to be an AgitatorFILM: Dellora D.,1991, Mr Neal is entitled to be an Agitator, 58 Minute Documentary Film, Film Art Doco Pty Ltd, Aust.


References


Bibliography

* * * * *


External links


Lionel Murphy Foundation
* Whitmont, Debbie; Ferguson, Sarah
The Murphy Scandal
'' ABC Four Corners'', 20 November 2017
Mr Neal is Entitled to be an Agitator
58 min documentary film about the life of Lionel Murphy. DVD. Dir: Daryl Dellora. Australian Human Rights Award.
Justice Lionel Murphy address to Press Club of Australia, 17 August 1983


{{DEFAULTSORT:Murphy, Lionel 1922 births 1975 Australian constitutional crisis 1986 deaths Attorneys-General of Australia Australian humanists Australian Labor Party members of the Parliament of Australia Australian people of Irish descent Australian King's Counsel Deaths from cancer in the Australian Capital Territory Justices of the High Court of Australia Labor Left politicians Members of the Australian Senate Members of the Australian Senate for New South Wales People educated at Sydney Boys High School Sydney Law School alumni University of Sydney alumni 20th-century Australian judges 20th-century Australian lawyers 20th-century Australian politicians