Sir Victor Windeyer | |
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 Brigadier Victor Windeyer in New Guinea, January 1944 | |
| Justice of the High Court of Australia | |
| In office 8 September 1958 – 29 February 1972 | |
| Nominated by | SirRobert Menzies |
| Preceded by | Sir Dudley Williams |
| Succeeded by | Sir Ninian Stephen |
| Personal details | |
| Born | (1900-07-28)28 July 1900 |
| Died | 23 November 1987(1987-11-23) (aged 87) Sydney, New South Wales |
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| Alma mater | University of Sydney |
| Military career | |
| Allegiance | Australia |
| Branch | Australian Army |
| Service years | 1918–1953 |
| Rank | Major General |
| Service number | NX396 |
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| Conflicts | |
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Major GeneralSir William John Victor Windeyer (28 July 1900 – 23 November 1987) was an Australian judge, soldier, educator, and a Justice of theHigh Court of Australia.
Windeyer was born in Sydney, intoa legal family: his father, William Archibald Windeyer (1871–1943)[3] was a Sydney solicitor, his uncle,Richard Windeyer, was aKing's Counsel, his grandfather,William Charles Windeyer, was twiceAttorney-General of New South Wales and Judge of theSupreme Court of New South Wales, and his great-grandfather, SirRichard Windeyer, was abarrister and member of the first electedParliament of New South Wales, sitting in theNew South Wales Legislative Council. Windeyer studied atSydney Grammar School and later at theUniversity of Sydney, graduating with a Bachelor of Arts in 1922 (winning the university medal in history) and a Bachelor of Laws (LLB) in 1925.[4]
In 1925, Windeyer was admitted to theNew South Wales Bar Association. From 1929 to 1940, he lectured at the University of Sydney, teachingequity andcommercial law, and until 1936, legal history. His bookEssays in Legal History published in 1938 was for many years a standard textbook on the subject.[5] In 1939, Windeyer assistedJustice Victor Maxwell at theAustralian GovernmentRoyal Commission into the extension of Sydney GPO.[6]
Windeyer married Margaret and they had four children Margaret, Bill, Jim and Frank. In 1938, he built a home called Peroomba[7] inWarrawee which only passed out of family ownership in 2008.[8]
Windeyer's military career began in 1918, although he did not see active service during theFirst World War.[9] In 1922 he wascommissioned as alieutenant in theMilitia and attached to theSydney University Scouts, being promoted to the rank ofcaptain two years later. In 1929 he was promoted to major and in 1937, upon being promoted tolieutenant colonel, he took command of theSydney University Regiment.[9][10]
In 1940, following the outbreak of theSecond World War, Windeyer volunteered for overseas service and joined theSecond Australian Imperial Force (2nd AIF).[11] Holding the rank of lieutenant colonel, he was tasked with raising and commanding the2/48th Australian Infantry Battalion, part of the9th Division. The 9th Division fought in theNorth African campaign, including theSiege of Tobruk, theNew Guinea campaign and theBorneo campaign. He was later promoted tobrigadier in January 1942,[10] and commanded the20th Infantry Brigade, during which time he was awarded theDistinguished Service Order (DSO) "in recognition of gallant and distinguished services in the Middle East".[12]
Following the war, Windeyer relinquished command of the 20th Brigade, which he had commanded for the last four years, and was discharged from the 2nd AIF in early 1946,[11] and returned to the Citizens Military Force, which was re-raised in 1948. In 1944 he had been created aCommander of the Order of the British Empire,[11] From 1950 to 1952 he commanded the2nd Division after being promoted tomajor general.[9][10] He was appointed aCompanion of the Order of the Bath in 1953 for his military services.[13]
After returning to Australia, Windeyer continued to practise as a barrister. In 1949, he was appointed aKing's Counsel and unsuccessfully sought preselection for theSenate representing theLiberal party.[4]
In 1954 and 1955, Windeyer worked as counsel assisting theRoyal Commission on Espionage.[4]
He was appointed to the bench of theHigh Court on 8 September 1958. Later that year, he was created aKnight Commander of the Order of the British Empire (KBE). One of his first judgments on the court was when he joined in the unanimous judgement of the court in aconstitutional caseBrowns Transport Pty Ltd v Kropp[14] which considered whether the imposition of licensing fees under a state statute in relation to a licence for the carriage of goods amounts to the imposition of a duty of excise within the meaning of s. 90 of the Constitution, which denies to the States the power to impose such duties. One of his first separate judgements wasCommonwealth v Butler.[15]
Windeyer was elevated to thePrivy Council in 1963, and joined the Privy Council'sJudicial Committee in 1972.[4]
Windeyer made a considerable contribution to the jurisprudence of the court inVictoria v Commonwealth[16] the "Payroll Tax case" in his interpretation of the meaning[17] of theEngineers Case.[18] He sat on the bench of the High Court until his retirement on 29 February 1972.
On their acquisition of the 6th, 7th, 8th & 9th Floors of Mena House at 225Macquarie Street, Sydney Chambers by Counsel's Chambers Limited in 1983, the new chambers were named Windeyer Chambers in his honour. He opened the new chambers on 15 June 1984.[19] Windeyer died in 1987. One of his sons,William Victor Windeyer, followed him into the legal profession and as of 2005 was a Judge of the Supreme Court of New South Wales; he also served in the military, receiving theReserve Force Decoration. Out of respect for MAJGEN Sir Victor Windeyer, Sydney University Regiment commissioned an award in honour of him that recognises the most outstanding officer within the Regiment. The award provides an opportunity for the recipient to train with their sister Regiment, The Rifles (formerly the Royal Green Jackets).[20]
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