Michael Hudson McHugh (born 1 November 1935) is a former justice of the
High Court of Australia
The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution.
The High Court was established following passage of the '' Judiciary Act 1903''. It ...
; the highest court in the
Australian court hierarchy
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 matte ...
.
Early years
The son of a miner and steelworker, McHugh left school at 15 despite excelling academically and in rugby league at Marist Brothers, Newcastle. For the next seven years, he worked as a telegram boy, crane chaser, sawmill worker and labourer until he enrolled at evening school. At 22, with his
Leaving Certificate
A secondary school leaving qualification is a document signifying that the holder has fulfilled any secondary education requirements of their locality, often including the passage of a final qualification examination.
For each leaving certific ...
in hand, he started studying law as a student-at-law with the
Legal Profession Admission Board and taught by 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 six ...
.
Legal career
McHugh was admitted to the New South Wales Bar in 1961 after taking the
Barristers Admission Board Examinations.
He was appointed
Queen's Counsel
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 ...
(QC) in 1973 and was Vice President of the New South Wales Bar Association, 1978–81, and later President, 1981–83.
In 1980, he was counsel for
Wyong Shire Council in ''
Wyong Shire Council v Shirt'', a landmark
negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a ...
case on
breach of duty. He was President of the
Australian Bar Association
The Australian Bar Association (ABA) is the peak body representing more than 6,000 barristers throughout Australia.
The ABA was established in 1963 to serve, promote and represent its members, and advocate for fair and equal justice for all. ...
1983–84.
NSW Court of Appeal judicial appointment
He was appointed as a Judge of Appeal of the
New South Wales Court of Appeal
The New South Wales Court of Appeal, part of the Supreme Court of New South Wales, is the highest court for civil matters and has appellate jurisdiction in the Australian state of New South Wales.
Jurisdiction
The Court of Appeal operates purs ...
on 30 October 1984.
High Court appointment
He was appointed as a judge of the High Court in February 1989, a position he held until his retirement in October 2005 in accordance with Section 72 of the
Australian Constitution
The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the ...
, which states that Justices of the High Court must retire from office upon turning 70. He was succeeded by Justice
Susan Crennan
Susan Maree Crennan (née Walsh; born 1 July 1945), is a former Justice of the High Court of Australia, the highest court in the Australian court hierarchy.
Early life and education
Crennan was born in Melbourne, one of six children born to W ...
, then of the
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indic ...
.
Post-retirement
After he retired from the High Court, McHugh was appointed as one of the Non-Permanent Justices of the
Court of Final Appeal in Hong Kong. Another Australian judge on the Court of Final Appeal is Sir
Anthony Mason.
McHugh was appointed to head the
Special Commission of Inquiry into the Greyhound Racing Industry in New South Wales on 6 May 2015. McHugh provided his report on 16 June 2016, finding overwhelming evidence of systemic animal cruelty. Following the report, the
Government of New South Wales
The Government of New South Wales, also known as the NSW Government, is the Australian state democratic administrative authority of New South Wales. It is currently held by a coalition of the Liberal Party and the National Party. The Governme ...
decided to shut down the greyhound racing in NSW from 1 July 2017, a decision that was reversed on 11 October 2016.
McHugh currently practises as an independent mediator and arbitrator at Eleven Wentworth 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 Mountains ...
.
Family
He is married to former Australian federal MP and Minister
Jeannette McHugh
Jeannette McHugh (; born 18 December 1934) is a former Australian politician who was the first woman from New South Wales elected to federal parliament. She served in the House of Representatives from 1983 to 1996, representing the Australian ...
.
Honours
*He received Australia's highest civil honour when he was made a Companion of the
Order of Australia
The Order of Australia is an honour that recognises Australian citizens and other persons for outstanding achievement and service. It was established on 14 February 1975 by Elizabeth II, Queen of Australia, on the advice of the Australian Gove ...
(AC) in 1989.
References
{{DEFAULTSORT:McHugh, Michael
1935 births
Living people
Justices of the High Court of Australia
Judges of the Supreme Court of New South Wales
Justices of the Court of Final Appeal (Hong Kong)
Australian judges on the courts of Hong Kong
Australian King's Counsel
Companions of the Order of Australia
Recipients of the Centenary Medal
Australian people of Irish descent
Spouses of Australian politicians
People from Newcastle, New South Wales