Sir Frank Walters Kitto, (30 July 1903 – 15 February 1994),

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 ...

n judge, was 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 ...

Early life and education

Kitto was born in

Melbourne Melbourne ( ; Boonwurrung/Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a met ...

in 1903, but his family moved to

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 ...

, when his father, James Kitto, became the Deputy Director of Posts and Telegraphs in

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 ...

. There, he was educated at North Sydney Boys' High School. He later studied 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 ...

, where he graduated with a Bachelor of Arts and a Bachelor of Laws with Honours, while also winning a Pitt Cobbett Prize in the Faculty of Law.

Career

From 1921 to 1927, Kitto worked for the

Solicitor-General of New South Wales Solicitor General for New South Wales, known informally as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General. They can exercise the powers of the Attorney General in the Attorney General's ...

, and after this time he 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 ...

, where he practised 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 ...

. His specialities were

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 dif ...

and

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 ...

. From 1930 to 1933 he was a lecturer at the University of Sydney, teaching

bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor ...

and

probate Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the sta ...

law in the Sydney law school. In 1932, while still a junior counsel, he appeared for 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 Governmen ...

in Trethowan's case, which concerned

Premier Premier is a title for the head of government in central governments, state governments and local governments of some countries. A second in command to a premier is designated as a deputy premier. A premier will normally be a head of governm ...

Jack Lang's attempt to abolish the

New South Wales Legislative Council The New South Wales Legislative Council, often referred to as the upper house, is one of the two chambers of the parliament of the Australian state of New South Wales. The other is the Legislative Assembly. Both sit at Parliament House in th ...

. The case was argued through 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 ...

, the High Court and then finally 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 ...

. As a lawyer, Kitto often argued both alongside and against

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 ...

, then 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 ...

and later

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 ...

. In the banks nationalisation case, Kitto and Barwick argued for the banks, in another case which went to the Privy Council. Kitto's work in defeating the Chifley government's attempt to nationalise the banks was rewarded by the opposing

Menzies government Menzies is a Scottish surname, with Gaelic forms being Méinnearach and Méinn, and other variant forms being Menigees, Mennes, Mengzes, Menzeys, Mengies, and Minges. Derivation and history The name and its Gaelic form are probably derived f ...

two years later by an appointment to the bench of the High Court on 10 May 1950. Kitto was the first person appointed to the Court who had been born after

Federation A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governin ...

. At his swearing in, Kitto remarked:

" ustralia'sfutpooure will be influenced in no small degree by the quality of the work we do in upholding the rule of law and proving its worth and effectiveness in the development of a nation in whose righteousness must lie its greatness."

Kitto had a complicated writing style, but his judgments were generally highly regarded for being well founded in legal principle. In 'Evidence and Advocacy', WAN Wells, a former Justice of the Supreme Court of South Australia, suggests reading Kitto J's High Court decisions if one wishes to become acquainted with literature within the law at is best, both in content and expression. advocacy WAN WellsButterworths, 1988) Michael Kirby considers that Kitto's judgment in the Communist Party case, delivered less than a year after his appointment to the court, remains one of his finest, primarily because of his unwavering support for the

rule of law The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...

and for 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 ...

. In 1963, Kitto was appointed to the Privy Council. Kitto resigned from the High Court on 1 August 1970, and was subsequently appointed Chancellor of the University of New England, having been Deputy Chancellor since 1968. He continued as Chancellor until 1981. Kitto also served as the inaugural Chairman of the

Australian Press Council The Australian Press Council (APC) was established in 1976 and is responsible for promoting high standards of media practice, community access to information of public interest, and freedom of expression through the media. The council is also the ...

from 1976 to 1982. Kitto was awarded an honorary Doctorate of Laws from the University of Sydney, and an honorary Doctorate of Letters from the University of New England. Students at colleges of the University of New England compete for the Sir Frank Kitto Trophy, which is awarded for excellence in cultural pursuits.

Personal life

In 1927, he married Eleanor May Howard and subsequently they had four daughters, Kathleen, Margaret, Lindsay (Lyn) and Elizabeth (Liz). He died in 1994, in

Armidale, New South Wales Armidale is a city in the Northern Tablelands, New South Wales, Australia. Armidale had a population of 24,504 as of June 2018. Estimated resident population, 30 June 2018. It is the administrative centre for the Northern Tablelands region. It ...

, at the age of 90. The Kitto family is of Cornish origin; the meaning of the name is "Christopher's (Kit's) children".

Honours

In 1983, Kitto 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 ...

, having previously been knighted as 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 ...

in 1955. An annual lecture at the

University of New England (Australia) The University of New England (UNE) is a public university in Australia with approximately 22,500 higher education students. Its original and main campus is located in the city of Armidale in northern central New South Wales. UNE was the first ...

, which is in

Armidale Armidale is a city in the Northern Tablelands, New South Wales, Australia. Armidale had a population of 24,504 as of June 2018. Estimated resident population, 30 June 2018. It is the administrative centre for the Northern Tablelands region. It ...

, is named after Kitto.Sir Frank Kitto Lectures

References

* {{DEFAULTSORT:Kitto, Frank 1903 births 1994 deaths Justices of the High Court of Australia Australian Knights Commander of the Order of the British Empire Companions of the Order of Australia Australian people of Cornish descent Australian King's Counsel People educated at North Sydney Boys High School 20th-century Australian lawyers Chancellors of the University of New England (Australia) University of Sydney alumni Australian members of the Privy Council of the United Kingdom