Remarks – Passing of Sir Anthony Frank Mason AC KBE GBM KC

Mr Speaker, I rise today to move that this House records its profound sorrow at the passing of Sir Anthony Frank Mason AC KBE GBM KC, former Chief Justice of the High Court of Australia, who passed away peacefully on 17 March and was laid to rest at a service in Sydney just yesterday.

Sir Anthony Mason was one of the most consequential jurists in the history of our great nation. Born in Sydney on 21 April 1925, he was raised during the Great Depression and, like so many of his generation, answered the call of duty in the Second World War, enlisting in the Royal Australian Air Force in January 1944, and serving as a Flying Officer.

Returning home, he pursued arts and law at the University of Sydney, graduating with First Class Honours and the University Medal - an early indication of the singular legal mind that would go on to shape Australia for decades to come.

Called to the Bar in New South Wales in 1951, Sir Anthony quickly established himself as an outstanding advocate. In 1964, at just thirty-nine, the Menzies Government appointed him Solicitor-General for the Commonwealth - one of the most senior legal officers of the Crown.

His appointment as Australia’s fourth Solicitor-General was significant. Not only was he remarkably young, but his appointment also marked the first time a person held the role of Solicitor-General who was not also the Secretary of the Attorney-General’s Department.

Sir Anthony subsequently served as a Judge of the Court of Appeal of the Supreme Court of New South Wales before being elevated to the High Court of Australia in 1972. He served with great distinction on the Court for 23 years, the last 8 as Chief Justice, having been appointed to that role by the Hawke Government in 1987.

As Chief Justice, Sir Anthony presided over a period of extraordinary legal development in Australia. He led a Court that delivered some of the most significant and enduring judgments in our nation's history.

Under his stewardship, the High Court handed down its unanimous decision in Cole v Whitfield, which brought clarity and coherence to the interpretation of section 92 of the Constitution as it relates to trade within the Commonwealth.

He presided over the landmark Mabo v Queensland (No 2) decision of 1992, which recognised the doctrine of native title, and corrected a profound legal wrong at the foundation of this nation's settlement.

And it was under his leadership that the Court first recognised an implied freedom of political communication in the Constitution.

Sir Anthony devoted his life to upholding and promoting the rule of law.

His jurisprudence was defined by intellectual courage. Initially regarded as a jurist not inclined towards reform or innovation, he grew more receptive to change as he evolved throughout his judicial life.

Those who observed him at the height of his legal career - including the Chief Justice of New South Wales, Andrew Bell, who served as his associate – said that: to observe at close quarters this master judicial craftsman was an opportunity as rare as it was invaluable.

Beyond his formal honours, Sir Anthony Mason was known to all who worked alongside him for his sharp mind, his principled independence, and wicked sense of humour.

The Parliament owes an enduring debt to Sir Anthony Mason for his years of dedicated service to our great nation.

I have no doubt his judgments will be studied and applied by lawyers, judges, and scholars for generations to come.

The High Court has advised that a ceremonial sitting will be held in June to honour his memory - a fitting tribute to a man who devoted his life to the highest institutions of justice.

On behalf of the Government, I extend my deepest condolences to Sir Anthony's family, to his colleagues at the Bar and on the Bench, to the legal profession he served so magnificently, and to all those whose lives he touched through his dedication to justice.

May Sir Anthony Mason rest in peace.