NOTED JUDGE

New Zealand Herald, Volume LXXIII, Issue 22489, 5 August 1936, Page 10

NOTED JUDGE

DEATH IN MELBOURNE SIR F. GAVAN DUFFY GREAT WIT AND HONESTY [FROM Otfß OWN CORRESPONDENT] MELBOURNE, July 30 Less than a year aco Sir Frank Gavan Duffy, then in his S4th year, was Chief Justice of the High Court of Australia. He retired in September with a merry I quip addressed to those who considered 1 he should have done so at least a de-, cade earlier, and there is general regret that his death at his home in Melbourne yesterday should have followed so swiftly, for his retirement was not forced by ill-health and several years of pleasant leisure appeared to lie before him. Sir Frank was a genial gentleman and a noted wit. A few weeks after his retirement lie was the chief guest j at the dinner connected with the holding of the first Australian legal con- j vention. His lively interjections during, the speech-making added much to the gaiety of the gathering. " Why do they hate the Judges so?" he asked, when commenting on bantei-| ing criticism by members of the Bar. " I can speak impartially, for 1 am no longer a Judge, but when 1 was 1 was well worthy of admiration." But a ■wistful note crept into his speech when, he said that -he belonged to the "noble order of Has Beens," an order whirl' all would reach if they lived lorn.' enough. Concluding-a memorable speech. Sir Frank referred to the beauty of a great city illuminated by electric lights. " But," he added, " those who rise early enough or stay out late enough have seen those comfortable lights put out by the rising sun. Gentlemen, ' am an f electric light. Would to God 1 was a rising sun." .Son oi a Premlei Born in Dublin on Leap Year Day, 1852, Sir Frank came to Victoria three years later. His father, Sir uavan Duffy, was Premier of. the State, for two years in the 'seventies. Sir Frank returned to the Old World when aged 13 years to be educated at Stoneyhurst, 'the famous .Roman Catholic school in Lancashire. He was admitted to the Bar in 1884. One incident in his early career is proudly remembered byi his friends as illustrating the standard' of honour and probity which always characterised him. In the cxash which followed the land boom he, like many, others of the period, was heavily involved. He was hopelessly bankrupt and! he had to seek temporary relief from 5 the Court. He was given a clear discharge, but he refused so to regard the position. He never lost sight of his. obligations, and, as a result of about 20 years of patient endeavour, he paid the . last penny of debts which had amounted to thousands of pounds. Son Also on Bench Distinction at the Bar led to Sir Frank taking silk in 1900. For years he and his great rival, Mr. J. L. Purvea, were the only King's Counsel at the Melbourne Bar, and when Mr. Purve* died Sir Frank was left as the solitary K.C. His rapid grasp of law, as well as of questions of fact, was remarkable, and to this he added painstaking studv With a pencil to give point to hi» argument and ,a merry twinkle in his eyes, ho could in the most gentlemanly manner make a x witness feel that his armour had been pierced. For many years Sir Frank edited,the Victorian Law Reports, and in association with the late Mr. Justice Higgins he produced a valuable work on "Insolvency." In lighter vein Sir Frank wrote "A Dream of Fair Judges," a verse parody which is still remembered and is often quoted at gatherings of lawyers. He was elevated to the High Court Bench in 1913 and was knighted in 1929. He was senior puisne Judge when Sir Isaac Isaacs was Chief Justice, and, when the latter became the first Australian Governor-General five years tlgo, Sir Frank was appointed Chief Justice. A son of Sir Frank is Mr. Justice Charles. Gavan Duffy, of the Victorian Supreme Court Bench. Father and son spent their last summer vacation in New Zealand.