Alan Taylor (Australian judge)
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Sir Alan Russell Taylor KBE QC (25 November 1901 – 3 August 1969) was an
Australian Australian(s) may refer to: Australia * Australia, a country * Australians, citizens of the Commonwealth of Australia ** European Australians ** Anglo-Celtic Australians, Australians descended principally from British colonists ** Aboriginal Au ...
judge who served as a Justice of 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 ...
from 1952 until his death in 1969.


Early life

Taylor was born in 1901 in
Newcastle, New South Wales Newcastle ( ; Awabakal: ) is a metropolitan area and the second most populated city in the state of New South Wales, Australia. It includes the Newcastle and Lake Macquarie local government areas, and is the hub of the Greater Newcastle area, w ...
. Brought up in an
Anglican Anglicanism is a Western Christian tradition that has developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the context of the Protestant Reformation in Europe. It is one of th ...
family, Taylor initially wanted to join the church, but obtained a job as a public servant while waiting to study to be a priest, and was eventually employed in the office of the
Solicitor-General of Australia The Solicitor-General of Australia is the country's second highest-ranking law officer, after the Attorney-General for Australia. The position is often known as the Commonwealth Solicitor-General in order to distinguish it from the state solicit ...
, where he developed an interest in law. Taylor studied at Fort Street Boys' High School and 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 ...
, graduating with a Bachelor of Laws degree, with honours, in 1926. Later that year, Taylor was admitted to the
New South Wales Bar The New South Wales Bar Association is a professional body of lawyers responsible for the regulation of the legal profession in the state of New South Wales, Australia. The body administers the bar examination in accordance with the Legal Profe ...
. In 1933, he married Ceinwen Williams, with whom he would later have a son and a daughter.


Career as a lawyer

From 1933 to 1938, was a Challis Lecturer in the law school at the University of Sydney, teaching
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and company law. He was made a
King'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 or ...
in 1943, and began to have an increasing number of appearances before the High Court. From 1947 to 1948, Taylor represented the banks in the famous Bank Nationalisation case, as part of a team led by future
Chief Justice of Australia The Chief Justice of Australia is the presiding Justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. The incumbent is Susan Kiefel, who is the first woman to hold the position. Co ...
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 ...
, also including future High Court colleague
Frank Kitto Sir Frank Walters Kitto, (30 July 1903 – 15 February 1994), Australian judge, was a Justice of the High Court of Australia. Early life and education Kitto was born in Melbourne in 1903, but his family moved to Sydney, when his father, J ...
. From 1948 to 1949, Taylor was President of the New South Wales Bar Association.


Judicial career

Taylor was made a Judge of the
Supreme Court of New South Wales The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court i ...
in 1952, and later that year, on 3 September, he was appointed to the bench of the High Court. He was appointed following the retirement of John Latham and the elevation of
Owen Dixon Sir Owen Dixon (28 April 1886 – 7 July 1972) was an Australian judge and diplomat who served as the sixth Chief Justice of Australia. A judge of the High Court for thirty-five years, Dixon was one of the leading jurists in the English-s ...
as Chief Justice earlier in the year. According to David Marr, Taylor was never as close to Dixon as some of the other justices, such as Kitto or Fullagar, and had a blunter judicial style than Dixon. Dixon was succeeded in 1964 by Garfield Barwick. Taylor had worked with him on a number of cases, including the Banks case, and they shared some common views on
Australian constitutional law Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Several major doctrines of Australian constitutional law have developed. Background Constitution ...
, as well as having a similar judicial style. Although Taylor worked better with Barwick than with Dixon, all of his colleagues agreed that he was a hard-working and congenial judge. Taylor was made a Knight of the Order of the British Empire in 1955, and was appointed to the
Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...
in 1963. At the invitation of the
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,
Baron Gardiner Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or knig ...
, Taylor spent three months in 1967 in
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hearing Privy Council appeals. In May 1968, Taylor suffered a
heart attack A myocardial infarction (MI), commonly known as a heart attack, occurs when blood flow decreases or stops to the coronary artery of the heart, causing damage to the heart muscle. The most common symptom is chest pain or discomfort which may tr ...
, but after a short break he returned to full duties on the High Court. Barwick later said that although the heart attack certainly affected Taylor physically, he was just as dedicated to his work as he had previously been. Taylor continued to serve on the High Court until his death in August 1969, when he died suddenly one Sunday morning. In a tribute published in the
Commonwealth Law Reports The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the edit ...
, Barwick said of Taylor that he was:
"...wise in conference, confident and practical in decision and gentle in dissent...
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is uppermost in our minds is the warmth of his friendship, his unfailing good humour, and his ready turn of wit and phrase on all occasions, making our daily association with him pleasant and memorable... The Court has lost a great judge, each of us here has lost a close friend."


References

{{DEFAULTSORT:Taylor, Alan 1901 births 1969 deaths Justices of the High Court of Australia Judges of the Supreme Court of New South Wales Australian members of the Privy Council of the United Kingdom Australian Knights Commander of the Order of the British Empire Australian King's Counsel 20th-century Australian lawyers People educated at Fort Street High School