Patrick Real (17 March 1846 – 10 June 1928)
[
] was a
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
judge in
Queensland
)
, nickname = Sunshine State
, image_map = Queensland in Australia.svg
, map_caption = Location of Queensland in Australia
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, established_ ...
, a colony and later a state of
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
.
Early life
Real was born in Pallas Green,
County Limerick
"Remember Limerick"
, image_map = Island_of_Ireland_location_map_Limerick.svg
, subdivision_type = Country
, subdivision_name = Ireland
, subdivision_type1 = Province
, subdivision_name1 = Munster
, subdivision ...
, Ireland, the youngest and sixth child of James Real, tenant farmer, and his wife Ellen, ''née'' Donegan.
Real was taken to Australia as a young child in 1850. His father died at the Dunwich Quarantine Station, and his mother settled in
Ipswich, Queensland
Ipswich () is a city in South East Queensland, Australia. Situated on the Bremer River, it is approximately west of the Brisbane central business district. The city is renowned for its architectural, natural and cultural heritage. Ipswich pre ...
, where he was apprenticed to a carpenter. Subsequently he was employed in the
Ipswich railway workshops until, at the age of twenty-one, he formed the idea of becoming a barrister.
Legal career
Relinquishing his trade, he devoted himself to study. He was admitted to the Queensland Bar in September 1874 and practised with success. In February 1878 he was appointed Crown Prosecutor for the Central District of Queensland and, on the death of Justice
Charles Mein in 1890, a Puisne Judge.
In 1903 when
Pope Cooper was appointed
Chief Justice, Real was appointed Senior Puisne Judge.
There was animosity between the
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 ...
government and the judges, playing out through a series of cases challenging government actions and legislation.
[.][''In re McCawley']
[1918
/nowiki> 62">918">[1918
/nowiki> 62 Supreme Court of Queensland">Supreme Court (Full Court) (Qld). overturned by .[''Taylor v Attorney-General (Qld)']
[1918
/nowiki> 194], Judicial Committee of the Privy Council, Privy Council.[ (2006) 30(3) Melbourne University Law Review 605.] The parliament List of Australian judges whose security of tenure was challenged, undermined his security of tenure by passing the ''Judges Retirement Act'' 1921 (Qld), the effect of which was that immediately upon proclamation three out of six judges, Chief Justice Cooper and Justices Real and
Charles Chubb (Australian judge), Chubb were compulsorily retired, which permitted the government to appoint new judges.
[ McGarvie ''The Foundations of Judicial Independence in a Modern Democracy'' (1991) 1 Journal of Judicial Administration 3.]
Marriage and Children
Real married Anne Catharine Thynne, sister of
Andrew Joseph Thynne
Andrew Joseph Thynne (30 October 1847 – 27 February 1927) was a lawyer and politician in Queensland, Australia. He was a Member of the Queensland Legislative Council and Attorney-General of Queensland.
Early life
Thynne son of Edward Thynne ...
, in January 1879, at Ipswich. He and Anne had four children, three daughters, and a son: Ellen, Mary Josephine, Kathleen, and Edward Thynne. The two eldest children, however, did not survive infancy, dying aged 10.5 months, and 4 months, respectively. His son was Edward Thynne Real,
K. C., leader of the Queensland bar.
Later life
After his retirement as a judge, aged 76, Real practised as a consulting barrister, without great success.
[ Real died in 1928 and was buried in ]Toowong Cemetery
Toowong Cemetery is a heritage-listed cemetery on the corner of Frederick Street and Mt Coot-tha Road, Toowong, City of Brisbane, Queensland, Australia. It was established in 1866 and formally opened in 1875. It is Queensland's largest cemet ...
.Real Patrick
— Brisbane City Council Grave Location Search. Retrieved 13 April 2014.
Legacy
His home
Eulalia in
Norman Park was listed on the
Queensland Heritage Register
The Queensland Heritage Register is a heritage register, a statutory list of places in Queensland, Australia that are protected by Queensland legislation, the Queensland Heritage Act 1992. It is maintained by the Queensland Heritage Council. As a ...
.
References
{{DEFAULTSORT:Real, Patrick
1846 births
1928 deaths
Irish emigrants to Australia
Burials at Toowong Cemetery
Colony of Queensland judges
19th-century Australian judges
20th-century Australian judges
Judges of the Supreme Court of Queensland