Gordon Wallace

Brief description

PER-65

Full description

Sir Gordon Wallace was born Gordon Isaacs on 22 January 1900 at Redfern, Sydney, NSW, the son of Jacob Albert Clarke Isaacs and his wife Euphemia nee Wallace. He was educated at Sydney Boys High School and the University of Sydney (LLB 1927). On 20 December 1933 he changed his family name by deed poll to his mother's maiden name. (1)

Wallace left school at the age of 16 and enrolled as an officer cadet at the Royal Military College, Duntroon. After graduation he served with the Rifle Brigade in England. On 11 December 1919 he was made a Lieutenant and on 1 October 1920 transferred to Staff Corps. He was Adjutant and Quarter Master of the 31st Battalion from 26 July 1921 and of the 15th Battalion from 11 June 1922. The first part of his career with the permanent Australian Army ceased when he was transferred to the unattached list and the Militia on 1 July 1922. (2)

In March 1923 Wallace sat for and passed the Matriculation examination to enter the University of Sydney and commenced his law studies, which he completed in 1927 whilst working as an articled clerk. He remained in the Militia, transferring to the University regiment, the Sydney University Scouts, on 13 June 1923 and on 1 May 1924 was promoted to Captain. His militia service continued after he began his law career. A Major by 25 January 1929, he was transferred to the Reserve of Officers on 7 February 1933. Called up for militia duty on 1 April 1939, he was appointed Commander No. 2 Anti-aircraft Battery on 18 March 1940. By 13 January 1942 he was a temporary Colonel commanding an Anti-aircraft Group, and from 8 May Colonel in command Administration. He was seconded from the militia to the Australian Army on 16 July 1942 and on 1 September 1942 was a Lieutenant-Colonel. He served in Melbourne, New Guinea and the Northern Territory at the headquarters of the Australian Corps, New Guinea Force and Northern Territory Force, as Assistant Adjutant and Quartermaster General. He was discharged from the Army on 24 July 1944 and transferred to the Reserve of Officers (General List) on 3 October 1944 with the honorary rank of Colonel. (3)

Wallace was called to the New South Wales Bar on 10 May 1928 and practised out of Lanark House, 148 Phillip Street (1929-1933), 184 Phillip Street (1934-1938) and 182 Phillip Street (1939-1960). He had an extensive practice in all jurisdictions, including common law and equity. He was made a King's Counsel on 18 December 1940 and had a large appellate practice in constitutional and commercial spheres. In addition he made a number of appearances before the Judicial Committee of the Privy Committee as counsel for the Commissioner of Stamp Duties. (4)

Wallace was active in legal professional development. With Sir Percy Spender he was the author of 'Company Law and Practice' (known as Spender and Wallace, Sydney, 1937) and with J McI Young wrote 'Australian Company Law and Practice' (Sydney, 1965). He was a Council member of the NewSouth Wales Bar Association from 1953/54 to 1959/60, serving as vice-president from 1954/55 to 1955/56 and as president from 1956/57 to 1957/58. He was vice-president of the Law Council of Australia in 1957 and president of the International Law Association (Australian Branch) in 1961-1962.(5)

Wallace had an interest in politics. He unsuccessfully stood as a Liberal Party candidate for a seat in the New South Wales Legislative Council at the by-election of 15 September 1955. (6)

Wallace was appointed a Puisne Judge of the Supreme Court of New South Wales on 21 March 1960. He was a critic of the delays that occurred in appeal cases in the Supreme Court. On 7 July 1961 he highlighted the need for greater efficiency when he delivered a paper entitled 'Speedier Justice' to the Twelfth Legal Convention of the Law Council of Australia. On 27 October 1965 the newly elected Liberal Party government of Premier Robin Askin created the Court of Appeal when it passed the Supreme Court and Circuit Courts (Amendment) Act 1965. This reform was almost finalised but then shelved by the previous Labor Party government and had the support of the Bar and the legal profession. (7)

The formation of the Court of Appeal rearranged the seniority of the Supreme Court judges, creating a tension between judges that lasted for twenty years. Judges appointed by the government to the Court of Appeal were elevated above their fellow judges. The remaining puisne judges were restricted in the type of work that they could do. When Wallace was appointed a Judge of Appeal and President of the Court of Appeal from 1 January 1966, he rose from fifteenth position to second. He was also a personal friend of the Attorney-General Kenneth Malcolm McCaw, the person authorising the changes. Justice Michael Kirby notes that while the tension may look like a fuss over prestige and status, it also involved constitutional principles: 'interference by the executive and the legislature in the rank and status of judges arguably involves a breach of a basic principle protective of the independence of the judiciary.' (8) However he believes that the reform was valid, citing the efficiency of the Court of Appeal and its use as a model for other States. Still the change was poorly implemented, lacking diplomacy and consultation. (9)

Wallace was Acting Chief Justice of the Supreme Court from 1 October 1968 to 3 February 1969 while Sir Leslie Herron was granted leave of absence to visit Britain to investigate changes to the administrative functions of the Supreme Court. Wallace retired on 21 January 1970 as a Judge of the Supreme Court, a Judge of Appeal of the Court of Appeal, and as President of the Court of Appeal. He was created a Knight Bachelor on 10 June 1968 for his services as President of the New South Wales Court of Appeal. (10)

Wallace undertook a number of other duties. He was a member of the Commonwealth Committee on Income Tax Revision from 1952 to 1953. He was chairman of a seminar in September 1965 held at Canberra on the Protection and Encouragement of Private Foreign Investment. He was chairman of the Royal Commission into exploratory and production drilling for petroleum in the area of the Great Barrier Reef, along with VJ Moroney and JE Smith. Created by Letters Patent on 5 May 1970 by the Commonwealth and Queensland governments, the Commission was asked to report on the environmental risks to the Great Barrier Reef of allowing oil or gas drilling, possible safety procedures, and probable benefits to Queensland and Australia. The Commission reported on 30 October 1974 and sought permission and funding for long term experiments but these were rejected by both governments. Moroney and Smith wanted to allow drilling within specific areas subject to stringent precautions and despite probable risks. Wallace put forward a minority view that no drilling be allowed. (11)

After his retirement from the Supreme Court, Wallace was editor until July 1987 of the Australian edition of Halisbury's Laws of England. (12)

Wallace died on 11 December 1987 at Sydney, survived by his son and daughter. His wife Lady Marjorie Mary Wallace nee Mullins, whom he married on 19 May 1927, died on 4 August 1980. (13)

Endnotes
1. Who's Who in Australia, Melbourne, The Herald, 1955, p.781; 1959, p.817; 1962, p.875; 1965, p.871; 1968, p.871; 1971, p.929; 1974, p.1006; 1977, p.1064; 1980, p.845; 1983, p.875; 1985, p.870; Australian Law Journal, Vol.62, p.186 (February 1988); Sydney Morning Herald 14 December 1987, p.6; NSW marriage certificate 3236/1888 Jacob A C Isaacs and Euphemia Wallace; New South Wales Government Gazette, No.218, 29 December 1933, p.4611; University of Sydney Calendar, 1923, pp.490, 685; 1924, pp.544, 722; 1925, pp.543, 728; 1926, pp.544, 726; 1927, pp.550, 651; 1928, p.849, http://calendararchive.usyd.edu.au/index.php (cited 12 May 2008).
2. Australian Law Journal, op.cit.; Sydney Morning Herald 14 December 1987, p.6; National Archives of Australia: B883, Second Australian Imperial Force Personnel Dossiers, 1939-1947; 'Wallace Gordon', http://naa12.naa.gov.au/scripts/ItemDetail.asp?M=0&B=5647451 (cited 19 November 2008).
3. University of Sydney Calendar, op.cit, 1923, pp.490, 685; 1924, p.875; 1925, p.881; National Archives of Australia: B883, Second Australian Imperial Force Personnel Dossiers, 1939-1947; 'Wallace Gordon', op.cit.; 'Wallace, Gordon', Department of Veterans Affairs World War 2 Nominal Roll http://www.ww2roll.gov.au/script/veteran.asp?ServiceID=A&VeteranID=219858 (cited 19 November 2008).
4. Barrister and Solicitors Admission Boards; NRS 13665, Roll of Barristers, 17 February 1927 - 10 June 1955; Reel 2147, p.2; New South Wales Law Almanac, Sydney, NSW Government Printer, 1929, p.69; 1934, p.79; 1939, p.82; 1960, p.89; Australian Law Journal, Vol.33, p.412 (24 March 1960); Attorney General's Department [III]; NRS 333, Letters received - Special Bundles, 1874-1984; [10/42917] Correspondence re appointment of King's Counsels, 1898-1941.
5. Libraries Australia, http://librariesaustralia.nla.gov.au/apps/kss (cited 19 November 2008); 'Bar Councillors 1950-1960', New South Wales Bar Association, http://www.nswbar.asn.au/docs/about/history/bclist1950_1960.php (cited 19 November 2008); Who's Who in Australia, op.cit..
6. 'Election of Members of the Legislative Council ... on 15th September, 1955', Joint Volume of papers presented to the Legislative Council and Legislative Assembly 1955-1956, Vol.1, p.596.
7. State Reports New South Wales, Sydney, Law Book Company of Australasia Pty Ltd, Vol.60 (1960), p.viii; Vol.66 (1965-1966), p.vi; Michael Kirby, 'Judicial Supersession: the controversial establishment of the New South Wales Court of Appeal', Sydney Law Review, Vol.30, No.2, June 2008, pp.179-181, 202, http://www.law.usyd.edu.au/slr/slr30_2/Kirby.pdf (cited 19 November 2008); Australian Law Journal, Vol.35, pp.93, 123-4 (31 August 1961).
8. Michael Kirby, op.cit, pp.202, 178.
9. ibid, pp.204-7.
10. State Reports New South Wales, op.cit., Vol.69 (1967-1968), pp.vi-viii; Vol.70 (1967-1970), p.vii; It's an honour website http://www.itsanhonour.gov.au (cited 23 January 2008).
11. Who's Who in Australia, op.cit.; D H Borchardt, Checklist of Royal Commissions Select Committees of Parliament and Boards of Inquiry, Commonwealth, New South Wales, Queensland, Tasmania and Victoria, 1960-1980 and South Australia, 1970-1980, Bundoora, Borchardt Library, La Trobe University, 1986, pp.52-3; Australian Law Journal, Vol.62, p.186 (February 1988).
12. ibid.
13. Sydney Morning Herald, 12 December 1987, p.124; 14 December 1987, p.6; Who's Who in Australia, op.cit.; Sydney Morning Herald, 5 August 1980, p.22.

Notes

Judge, Supreme Court of New South Wales, 21/03/1960 - 21/01/1970
Judge of Appeal, Court of Appeal of New South Wales, 01/01/1966 - 21/01/1970
President, Court of Appeal of New South Wales, 01/01/1966 - 21/01/1970
Acting Chief Justice, Supreme Court of New South Wales, 01/10/1968 - 03/02/1969.
Chairman, Royal Commission into exploratory and production drilling for petroleum in the areas of the Great Barrier Reef, 05/05/1970 - 30/10/1974