John Latham | |
|---|---|
 Latham in 1931 | |
| Chief Justice of Australia | |
| In office 11 October 1935 – 7 April 1952 | |
| Nominated by | Joseph Lyons |
| Appointed by | Sir Isaac Isaacs |
| Preceded by | Sir Frank Gavan Duffy |
| Succeeded by | Sir Owen Dixon |
| Attorney-General of Australia | |
| In office 6 January 1932 – 12 October 1934 | |
| Prime Minister | Joseph Lyons |
| Preceded by | Frank Brennan |
| Succeeded by | Robert Menzies |
| In office 18 December 1925 – 22 October 1929 | |
| Prime Minister | Stanley Bruce |
| Preceded by | Littleton Groom |
| Succeeded by | Frank Brennan |
| Minister for External Affairs | |
| In office 6 January 1932 – 12 October 1934 | |
| Prime Minister | Joseph Lyons |
| Preceded by | James Scullin |
| Succeeded by | SirGeorge Pearce |
| Minister for Industry | |
| In office 6 January 1932 – 12 October 1934 | |
| Prime Minister | Joseph Lyons |
| Preceded by | James Scullin |
| Succeeded by | Robert Menzies |
| In office 10 December 1928 – 22 October 1929 | |
| Prime Minister | Stanley Bruce |
| Preceded by | New title |
| Succeeded by | James Scullin |
| Leader of the Opposition | |
| In office 22 October 1929 – 7 May 1931 | |
| Prime Minister | James Scullin |
| Deputy | Henry Gullett |
| Preceded by | James Scullin |
| Succeeded by | Joseph Lyons |
| Leader of theNationalist Party | |
| In office 22 October 1929 – 7 May 1931 | |
| Deputy | Henry Gullett |
| Preceded by | Stanley Bruce |
| Succeeded by | Party dissolved |
| Deputy Leader of the United Australia Party | |
| In office 7 May 1931 – 15 September 1934 | |
| Leader | Joseph Lyons |
| Preceded by | party established |
| Succeeded by | Robert Menzies |
| Member of theAustralian Parliament forKooyong | |
| In office 16 December 1922 – 7 August 1934 | |
| Preceded by | Robert Best |
| Succeeded by | Robert Menzies |
| Personal details | |
| Born | John Greig Latham (1877-08-26)26 August 1877 Ascot Vale, Victoria, Australia |
| Died | 25 July 1964(1964-07-25) (aged 86) Richmond, Victoria, Australia |
| Political party | Liberal Union (1921–1925) Nationalist (1925–1931) United Australia (1931–1934) |
| Spouse | |
| Education | Scotch College |
| Alma mater | University of Melbourne |
Sir John Greig Latham (26 August 1877 – 25 July 1964) was an Australian lawyer, politician, and judge who served as the fifthChief Justice of Australia, in office from 1935 to 1952. He had earlier served asAttorney-General of Australia underStanley Bruce andJoseph Lyons, and wasLeader of the Opposition from 1929 to 1931 as the final leader of theNationalist Party.
Latham was born inMelbourne. He studied arts and law at theUniversity of Melbourne, and wascalled to the bar in 1904. He soon became one ofVictoria's best known barristers. In 1917, Latham joined theRoyal Australian Navy as the head of its intelligence division. He served on the Australian delegation to the1919 Paris Peace Conference, where he came into conflict with Prime MinisterBilly Hughes. At the1922 federal election, Latham was elected to parliament as an independent on an anti-Hughes platform. He got on better with Hughes' successor Stanley Bruce, and formally joined the Nationalist Party in 1925, subsequently winning promotion to cabinet as Attorney-General. He was alsoMinister for Industry from 1928, and was one of the architects of the unpopular industrial relations policy that contributed to the government's defeat at the1929 election. Bruce lost his seat, and Latham was reluctantly persuaded to become Leader of the Opposition.
In 1931, Latham led the Nationalists into the newUnited Australia Party, joining with Joseph Lyons and other disaffectedLabor MPs. Despite the Nationalists forming a larger proportion of the new party, he relinquished the leadership to Lyons, a better campaigner, thus becoming the first opposition leader to fail to contest a general election. In theLyons government, Latham was thede factodeputy prime minister, serving both as Attorney-General andMinister for External Affairs. He retired from politics in 1934, and the following year was appointed to theHigh Court as Chief Justice. From 1940 to 1941, Latham took a leave of absence from the court to become the inauguralAustralian Ambassador to Japan. He left office in 1952 after almost 17 years as Chief Justice; onlyGarfield Barwick has served for longer.
Latham was born on 26 August 1877 inAscot Vale, Victoria, in the western suburbs ofMelbourne. He was the first of five children born to Janet (née Scott) and Thomas Edwin Latham.[1] His mother was born in theOrkney Islands of Scotland,[2] while his father was Australian-born.[1] His paternal grandfather, Thomas Latham, was an attorney's clerk who wastransported to Australia as aconvict in 1848 for obtaining money under false pretences, and later worked as an accountant.[3]
Latham's father was a tinsmith by profession, but "preferred benevolent work over a comfortable salary" and became a long-serving secretary of theVictorian Society for the Protection of Animals.[4] The family moved toIvanhoe in Melbourne's eastern suburbs shortly after Latham's birth.[1] His father was also ajustice of the peace and served on theHeidelberg Town Council in later life.[4] Latham began his education at the George Street State School inFitzroy. He subsequently won a scholarship to attendScotch College, Melbourne, and went on to graduate Bachelor of Arts from theUniversity of Melbourne in 1896.[1]
After completing his undergraduate degree, Latham spent two years as a schoolteacher at a private academy inHamilton, Victoria. He returned to the University of Melbourne to study law in 1899, where he also tutored in philosophy and logic atOrmond College. He was admitted to theVictorian Bar in 1904 but struggled for briefs in his first years as a barrister and primarily worked in theCourt of Petty Sessions andCounty Court.[1]
In 1907, Latham played a key role in establishing the Education Act Defence League, a rationalist organisation aimed at upholding the secular provisions of theEducation Act 1872. In 1909 he became the inaugural president of theVictorian Rationalist Association (VRA). He campaigned against the University of Melbourne's plans to open a divinity school.[5]
In 1915, at the request ofThomas Bavin, Latham became secretary of the Victorian branch of the Universal Service League, an organisation supportingconscription for overseas service. In 1917 he joined theAustralian Navy as head of Naval Intelligence, with the honorary rank oflieutenant commander. His appointment was prompted by complaints of sabotage in naval dockyards, while he later investigated allegations of Bolshevik activity in the Navy.[1]
Latham accompanied navy ministerJoseph Cook to London in 1918, assisting him atImperial War Cabinet meetings and later in his role on the Commission on Czechoslovak Affairs at theVersailles Peace Conference. He also served as an adviser to Prime MinisterBilly Hughes, but was "critical of his excesses and affronted by his manner" and "conceived an antipathy to Hughes that remained throughout his political career".[1] For his services, Latham was appointedCompanion of the Order of St Michael and St George (CMG) in the1920 New Year Honours.[6]
Latham had a distinguished career as abarrister. He was admitted to theVictorian Bar in 1904, and was made aKing's Counsel in 1922. In 1920, Latham appeared before the High Court representing theState of Victoria in the famousEngineers' case, alongside such people asDr H.V. Evatt andRobert Menzies.[citation needed]
Latham was elected to theHouse of Representatives at the1922 federal election, standing as a self-described "Progressive Liberal" in the seat ofKooyong. He received the endorsement of the newly createdLiberal Union, "a coalition ofNationalist Party defectors and people opposed to socialism and Hughes".[7] He additionally received support from the conservativeAustralian Women's National League, the imperialist Australian Legion, and colleagues in Melbourne's legal profession.[8] He did not fully accept the Liberal Union's platform, although he claimed to "strongly support the attitude of the Union", and issued his own platform consisting of nine principles including a slogan that "Hughes Must Go".[7] At the election, Latham narrowly defeated the incumbent Nationalist MPRobert Best.[9]
The 1922 election resulted in ahung parliament, with Latham siding with theCountry Party to force Hughes' resignation as prime minister in favour ofS. M. Bruce.[9] While notionally remaining an independent, he soon announced his support for the new government and attended meetings of government parties.[10] His early contributions in parliament concentrated on foreign affairs and the need for greater involvement of Australia and the otherDominions in developing imperial foreign policy.[11]
Latham was re-elected at the1925 election,[12] standing as an endorsed Nationalist candidate in Kooyong.[13] He subsequently joined Bruce's government asattorney-general.[12] His major concerns in that role were "legislating against domestic communists and aligned interests, and reforming industrial arbitration law".[14] Latham also served as a key advisor to Bruce on foreign affairs, accompanying him to the1926 Imperial Conference in London.[15] He was pleased with theBalfour Declaration on the constitutional status of Dominions which emerged from the conference, stating that it "embodies the most effective and useful work that any Imperial Conference has yet accomplished".[16]
In 1929, Latham publishedAustralia and the British Commonwealth, a book detailing the evolution of the British Empire into theBritish Commonwealth of Nations and its implications for Australia.[17]
After Bruce lost his Parliamentary seat in 1929, Latham was elected as leader of the Nationalist Party, and hence Leader of the Opposition. He opposed the ratification of theStatute of Westminster (1931) and worked very hard to prevent it.[18]
Two years later,Joseph Lyons led defectors from theLabor Party across the floor and merged them with the Nationalists to form theUnited Australia Party. Although the new party was dominated by former Nationalists, Latham agreed to become Deputy Leader of the Opposition under Lyons. It was believed having a former Labor man at the helm would present an image of national unity in the face of the economic crisis. Additionally, the affable Lyons was seen as much more electorally appealing than the aloof Latham, especially given that the UAP's primary goal was to win over natural Labor constituencies to what was still, at bottom, an upper- and middle-class conservative party. Future ALP leaderArthur Calwell wrote in his autobiography,Be Just and Fear Not, that by standing aside in favour of Lyons, Latham knew he was giving up a chance to become prime minister.
The UAP won a huge victory in the 1931 election, and Latham was appointed attorney-general once again. He also served asMinister for External Affairs and (unofficially) theDeputy Prime Minister. Latham held these positions until 1934, when he retired from theCommonwealth Parliament. He was succeeded as member for Kooyong, attorney-general and minister of industry by Menzies, who would go on to become Australia's longest-serving prime minister.Latham became the first former opposition leader who was neither a former or future prime minister to become a minister and was the only person to hold this distinction until Bill Hayden in 1983.
As external affairs minister, Latham "judged the measured accommodation of Japan to be a priority in Australia’s approach to regional affairs". During theManchurian Crisis and subsequentJapanese invasion of Manchuria, he and Lyons avoided making public statements on the matter and the government adopted a policy of non-alignment in the conflict. In meetings with Japanese foreign ministerKōki Hirota he unsuccessfully attempted to convince Japan to remain within theLeague of Nations.[19]
In mid-1934, Latham led theAustralian Eastern Mission to East Asia and South-East Asia, Australia's first diplomatic mission to Asia and outside of the British Empire. The mission, which visited seven territories but concentrated on China, Japan and theDutch East Indies (present-day Indonesia), has been identified as a milestone in the early development of Australian foreign policy.[20] Latham publicly identified the mission as one of "friendship and goodwill", but also compiled a series of secret reports to cabinet on economic and strategic matters. He "actively sought information about trading opportunities across Asia, entering into frequent and detailed discussions with prime ministers, foreign ministers, premiers and governors about Australia‘s trading and commercial interests, custom duties and tariffs".[21] On his return, Latham successfully advocated in cabinet for the appointment of trade commissioners in Asia, where previously Australia had been represented by British officials.[22]
Latham was appointed Chief Justice of theHigh Court of Australia on 11 October 1935. From 1940 to 1941, he took leave from the Court and travelled to Tokyo to serve as Australia's firstMinister to Japan. He retired from the High Court in April 1952, after a then-record 16 years in office.
As Chief Justice, Latham corresponded with political figures to an extent later writers have viewed as inappropriate. Latham offered advice on political matters – frequently unsolicited – to several prime ministers and other senior government figures. During World War II, he made a number of suggestions about defence and foreign policy,[23] and providedJohn Curtin with a list of constitutional amendments he believed should be made to increase the federal government's power.[24] Towards the end of his tenure, Latham's correspondence increasingly revealed his personal views on major political issues that had previously come before the court; namely, opposition to theChifley government's health policies and support of theMenzies Government's attempt to ban theCommunist Party. He advised Earle Page on how the government could amend the constitution to legally ban the Communist Party,[25] and corresponded with his friendRichard Casey on ways to improve theLiberal Party's platform.[26]
According to Fiona Wheeler, there was no direct evidence that Latham's political views interfered with his judicial reasoning, but "the mere appearance of partiality is enough for concern" and could have been difficult to refute if uncovered. She particularly singles out his correspondence with Casey as "an extraordinary display of political partisanship by a serving judge."[27] Although Latham emphasised the need for secrecy to the recipients of his letters, he retained copies of most of them in his personal papers, apparently unconcerned that they could be discovered and analysed after his death. He rationalised his actions as those of a private individual, separate from his official position, and maintained a "Janus-like divide between his public and private persona". In other fora he took pains to demonstrate his independence, rejecting speaking engagements if he believed they could be construed as political statements.[28] Nonetheless, "many instances of Latham's advising [...] would today be regarded as clear affronts to basic standards ofjudicial independence and propriety".[29]
Latham was one of only eight justices of the High Court to have served in the Parliament of Australia prior to his appointment to the Court; the others wereEdmund Barton,Richard O'Connor,Isaac Isaacs,H. B. Higgins,Edward McTiernan,Garfield Barwick, andLionel Murphy.
He was a prominent rationalist and atheist,[30] after abandoning his parents' Methodism at university. It was at this time that he ended his engagement to Elizabeth (Bessie) Moore, the daughter of Methodist Minister Henry Moore. Bessie later married Edwin P. Carter on 18 May 1911 at the Northcote Methodist Church, High Street, Northcote.
In 1907, Latham married schoolteacherElla Tobin.[31] They had three children, two of whom predeceased him. His wife, Ella, also predeceased him. Latham died in 1964 in the Melbourne suburb ofRichmond.
He was also a prominent campaigner for Australian literature, being part of the editorial board ofThe Trident, a small liberal journal, which was edited byWalter Murdoch. The board also included poetBernard O'Dowd.
Latham was president of theFree library movement of Victoria from 1937 and served as president of theLibrary Association of Australia from 1950 to 1953. He was the first non-librarian to hold the position.[32]
TheCanberra suburb ofLatham was named after him in 1971. There is also a lecture theatre named after him atThe University of Melbourne.
| Parliament of Australia | ||
|---|---|---|
| Preceded by | Member for Kooyong 1922–1934 | Succeeded by |
| Political offices | ||
| Preceded by | Attorney-General 1925–1929 | Succeeded by |
| New title | Minister for Industry 1928–1929 | Succeeded by |
| Preceded by | Leader of the Opposition 1929–1931 | Succeeded by |
| Preceded by | Deputy Leader of the Opposition 1931–1932 | Succeeded by |
| Preceded by | Attorney-General 1932–1934 | Succeeded by |
| Preceded by | Minister for External Affairs 1932–1934 | Succeeded by |
| Preceded by | Minister for Industry 1932–1934 | Succeeded by |
| Party political offices | ||
| Preceded by | Leader of theNationalist Party 1929–1931 | Party disbanded |
| Legal offices | ||
| Preceded by | Chief Justice of Australia 1935–1952 | Succeeded by |
| Diplomatic posts | ||
| Preceded byas Commissioner | Australian Minister to Japan 1940–1941 | Vacant Declaration of war Title next held by William Macmahon Ball |
| International | |
|---|---|
| People | |
| Other | |
