Cyril Walsh
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Sir Cyril Ambrose Walsh KBE (15 June 1909 – 29 November 1973) was an Australian judge who served on 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''. ...
from 1969 until his death in 1973.


Early life

Walsh 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 Mounta ...
,
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 ...
, the son of Michael and Mary Walsh. He grew up in the western suburb of Werrington, where his father owned a dairy farm. He was educated at St Joseph's Convent School and later at
Parramatta High School , motto_translation = The torch of the mind lights the path to glory , logo = Parramatta logo.gif , established = , type = Government-funded co-educational dual modality partially aca ...
in the Sydney suburb of
Parramatta Parramatta () is a suburb and major Central business district, commercial centre in Greater Western Sydney, located in the state of New South Wales, Australia. It is located approximately west of the Sydney central business district on the ban ...
. In 1926, he won the T E Rofe Prize, worth £6, for the best history essay in the state, writing on the Mutiny on the ''Bounty''. (Including image of Walsh at age 17.) Walsh commenced studies 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 ...
in 1927, living at St John's College. Walsh graduated with a Bachelor of Arts in 1930 and a Bachelor of Laws in 1934, both with honours. He also won the University Medals in English, Philosophy and Law, and first-class honours in English, Philosophy and
Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...
, was awarded the James Coutts Scholarship for English and was the joint winner of the John George Dalley Prize. His cumulative undergraduate record is regarded as the finest record before or since for any law student at the university. On 28 November 1942, Walsh married his wife Mary at the St Joseph's Catholic Church in Burwood Heights, they would later have three sons together. The family lived mainly in the inner western Sydney suburb of Summer Hill.


Legal career

On 26 May 1934, Walsh 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 Prof ...
, where he began to practise 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 givin ...
. His office was located in the Chalfont Chambers building in central Sydney, where his neighbours included 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. C ...
and High Court colleague
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 m ...
. Walsh's main work was 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 diff ...
. He argued many equity cases in 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 ...
in the 1940s and 1950s, and argued at least ten cases before the High Court in that time. In January 1954, Walsh 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 ...
, an appointment which was widely accepted as well-deserved, although Walsh was relatively young at the age of 44. On 3 May 1955, Walsh was appointed to the Council of St John's College as a Fellow, and was later deputy chairman of the council from 1969 to 1972. In 1958 he was appointed as the head Judge of the newly established Commercial Causes List in the Supreme Court. The most notable case he was involved in at this time was the famous Wagon Mound (No 2) case, which was ultimately appealed 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 mo ...
, which relied significantly on Walsh's findings of fact, almost all of which were not challenged. In 1962, Walsh was selected by Barwick (then the Foreign Minister of Australia) as Australia's representative to the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...
Economic Commission for Asia and the Far East. On 1 January 1966, he was elevated to the newly established
Court of Appeal of New South Wales A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of justice in Civil law (common law), civil, C ...
(a branch of the Supreme Court), the first specialist appellate court in Australia.


High Court

Walsh was appointed to the High Court on 3 October 1969. Also that year he was made a
Knight Commander of the Order of the British Empire The Most Excellent Order of the British Empire is a British order of chivalry, rewarding contributions to the arts and sciences, work with charitable and welfare organisations, and public service outside the civil service. It was established o ...
, and on 1 January 1971 was appointed 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 Aug ...
. Walsh was only on the High Court for a short period of time, but participated in several important cases including the Concrete Pipes case and the Payroll Tax case. Walsh remained on the bench of the High Court until his death from
multiple myeloma Multiple myeloma (MM), also known as plasma cell myeloma and simply myeloma, is a cancer of plasma cells, a type of white blood cell that normally produces antibodies. Often, no symptoms are noticed initially. As it progresses, bone pain, ...
on 29 November 1973. The High Court sat on 30 November in a special sitting to commemorate Walsh. Barwick, then the Chief Justice, delivered the
eulogy A eulogy (from , ''eulogia'', Classical Greek, ''eu'' for "well" or "true", ''logia'' for "words" or "text", together for "praise") is a speech or writing in praise of a person or persons, especially one who recently died or retired, or as ...
in which he said: "The Court has lost a Justice from whom increasingly distinguished service was confidently expected."


References

{{DEFAULTSORT:Walsh, Cyril 1909 births 1973 deaths Justices of the High Court of Australia Judges of the Supreme Court of New South Wales Australian Knights Commander of the Order of the British Empire Deaths from multiple myeloma Members of the Privy Council of the United Kingdom