John Roscoe Nield

Brief description

PER-78

Full description

John Roscoe Nield was born at Kogarah, Sydney, on 29 April 1892, the son of John Roscoe Nield (1851-1923) and his wife Catherine Ann nee Milller. He was educated at Kogarah Public School, Sydney Boys High School (1905-1911), and the University of Sydney (BA 1914 First Class Honours, LLB 1921 First Class Honours, BD 1966). (1)

Nield was an award winning student whose university studies were interrupted by his military service during World War I. Whist still at Sydney High School, he won the 1908 University of Sydney Junior Prize for proficiency in the Junior Public examination, and the 1910 John West Medal and the 1910 Grahame Prize Medal for proficiency in the Senior Public examination. He matriculated in November 1910 and was awarded the 1911 Bowman-Cameron Scholarship. A member of St Andrew's College, he won the 1911 Coutts Scholarship and the 1912 and 1913 Gordon Scholarships. His Bachelor of Arts degree included First Class Honours in Greek and Latin. In 1914 he began his law degree, gaining the 1915 Wigram Allen Scholarship, the 1915 Pitt Cobbett Prize and the 1916 George and Matilda Harris Scholarship. In April 1916, Nield had worked for three years as a clerk with Sydney solicitors, Stephen, Jaques and Stephen. (2)

On 1 April 1916, Nield enlisted in the Australian Army as a private, having already served two years with the Senor Cadets. He served in France with the 18th Battalion, and was promoted to Second Lieutenant on 1 June 1918 and Lieutenant on 1 September 1918. Wounded on 3 October 1918, he was an Education Officer in England before arriving back in Australia on 18 April 1919. He was discharged on 26 May 1919 from the 2nd Military District. In 1919 he resumed his law studies, completing his final law exams in March 1921 with First Class Honours. Whilst at University he was an Assistant Honorary Secretary to the Sydney University Cricket Club in 1912-13 and an Honorary Assistant Secretary in 1919-20 to the Sydney University Law Society. (3)

Nield was admitted as a solicitor on 2 September 1921 and practised with the firm of Sly and Russell at 369 George Street, Sydney. On 12 March 1926 he was called to the New South Wales Bar. His offices were at Chancery Chambers, Phillip Street (1927-1931) and 174 Phillip Street (1931-1934). (4)

Nield had an interest in legal education. He was Challis Lecturer in Roman Law at the University of Sydney from 1930 to 1933. In addition he was a director of the University Club from 1926 to 1935. (5)

Nield's judicial career covered both the District Court and the Supreme Court of New South Wales. He was appointed to the Commission of the Peace on 3 February 1933. Beginning on 1 February 1933 and ending on 31 December 1933, he held nine commissions as an Acting District Court Judge and Acting Chairman of Quarter Sessions for the Metropolitan District. From 1 January 1934 he was appointed a Judge of every District Court and a Chairman of every Quarter Sessions, to exercise jurisdiction in the Southern and Hunter District. By 16 February 1950 he occupied the newly created position of Chairman of District Court Judges. (6)

Nield was one of five District Court Judges appointed as an Acting Judge of the Supreme Court from 7 January to 25 January 1952. On 8 February 1954 he was appointed a Judge of the Supreme Court and sat primarily in the Matrimonial Causes jurisdiction. He retired on 29 April 1962 after reaching the statutory retirement age of seventy. (7)

Nield had an interest in politics. On 8 October 1927, he was an unsuccessful candidate for a seat in the NSW Legislative Assembly for the electorate of Hurstville, representing the Nationalist Party. The poll was decided by preferences and Nield was narrowly defeated by 37 votes by the Labor Party candidate, Walter James Butler. (8)

After his retirement from the Supreme Court, Nield returned to study and in 1966, at the age of seventy-three, graduated from the University of Sydney with a Bachelor of Divinity degree. (9)

Nield died on 19 August 1975, survived by his daughter and grandchildren. His wife Olive Annie nee Clark, whom he married in 1916, died on 7 August 1975. His son died before him. (10)

Endnotes
1. National Archives of Australia: B2455, First Australian Imperial Force Personnel Dossiers, 1914-1920; 'Nield John Roscoe', http://naa12.naa.gov.au/scripts/ItemDetail.asp?M=0&B=8001027 (cited 26 February 2009); HJH Henchman, A Court Rises: the lives and times of the judges of the District Court of New South Wales. Supplement No.1. 1959-1982, Judge 39, Syd., Law Foundation of New South Wales, 1982, n.p.; Who's Who in Australia, Melbourne, Herald and Weekly Times Ltd; 1935, p.358; 1938, p.385; 1941, p.511; 1944, p.629; 1947, p.640; 1950, p.537; 1955, p.579; 1959, p.600; 1962, p.638; 1965, p.639; 1968, p.651; NSW birth certificate 17361/1892 John R Nield; 'Judges', http://www.sydneyboyshigh.com/documents/SHSJudges0705.pdf (cited 4 August 2008); University of Sydney Calendar, 1914, pp.355-6; 1915, p.564; 1921, pp.481, 581; 1922, p.738; 1968, p.970, http://calendararchive.usyd.edu.au/index.php (cited 12 May, 10 August 2008).
2. University of Sydney Calendar, op.cit., 1911, pp.261, 281-2, 289, 308-9, 433, 459; 1912, pp.325-6, 328, 363, 456, 480-1; 1913, pp.286, 343, 347, 349-50, 367, 451, 477-8; 1914, pp.325, 353, 355-6, 426, 462, 482; 1915, pp.296, 332, 410, 508, 529; 1916, p.301, 413, 516, 537 cited 18 March, 12 May 2008; National Archives of Australia: B2455, First Australian Imperial Force Personnel Dossiers, 1914-1920; 'Nield John Roscoe', op.cit..
3. National Archives of Australia: B2455, First Australian Imperial Force Personnel Dossiers, 1914-1920; 'Nield John Roscoe', op.cit.; University of Sydney Calendar, op.cit., 1913, p.549; 1916, p.624; 1919, p.736; 1920, pp.468, 604; 1921, pp.428, 481, 581, 667; 1922, p.738, cited 12 May 2008.
4. Barrister and Solicitors Admission Boards; NRS 13666, Attorneys' Roll No.3, 13 March 1914 - 19 November 1926; Reel 2147, p.11; Barristers Admission Board; NRS 13665, Roll of Barristers, 15 June 1876 - 1 December 1926; Reel 2147, p.28; New South Wales Law Almanac, Sydney, NSW Government Printer, 1922, p.95; 1927, p.71; 1931, p.73; 1934, p.77.
5. University of Sydney Calendar, op.cit., 1926, p.880; 1930, pp.643, 967; 1931, p.783; 1933, pp.250, 590, 908; 1935, p.957 cited 12 and 27 May 2008.
6. New South Wales Government Gazette, No.19, 3 February 1933, pp.531, 533; No.50, 31 March 1933, p.1162; No.63, 28 April 1933, p.1484; No.79, 26 May 1933, p.1754; No.98, 30 June 1933, p.2388; No.119, 4 August 1933, p.2885; No.135, 1 September 1933, p.3173; No.149, 22 September 1933, p.3393; No.177, 27 October 1933, p.3841; No.18, 25 January 1934, p.447; New South Wales Law Almanac, op.cit., 1935, p.52; 1949, p.48; 1950, p.48; 1954, p.56; Australian Law Journal, Vol.23, p.551 (16 February 1950).
7. State Reports New South Wales, Sydney, Law Book Company of Australasia, Vol.52 (1952); Vol.54 (1954); Vol.62 (1962), p.v; Australian Law Journal, Vol.27, p.607 (18 February 1954); Vol.36, p.47 (28 June 1962).
8. 'NSW Elections - 1927 Results', New South Wales Election results 1856-2007, http://www.parliament.nsw.gov.au/resources/nswelectionsanalysis/1927/Hurstville.htm (cited 27 February 2009).
9. University of Sydney Calendar, op.cit.,1965, p.1021; 1966, p.1119; 1967, p.1144; 1968, p.970, cited 27 February 2009.
10. HJH Henchman, op.cit.; Sydney Morning Herald 23 August 1975, p.19; 9 August 1975, p.108; NSW marriage certificate 1357/1916 John R Nield and Olive A Clark.

Notes

Challis Lecturer in Roman Law, University of Sydney, 1930-1933
Acting Judge, District Court of New South Wales, Metropolitan District, 01/02/1933 - 31/12/1933
Acting Chairman, Court of Quarter Sessions, Metropolitan District, 01/02/1933 - 31/12/1933
Judge, District Court of New South Wales, 01/01/1934 - 07/02/1954
Chairman, Court of Quarter Sessions, 01/01/1934 - 07/02/1954
Chairman District Court Judges, District Court of New South Wales, 1950 - 07/02/1954
Acting Judge, Supreme Court of New South Wales, 07/01/1952 - 25/01/1952
Judge, Supreme Court of New South Wales, 08/02/1954 - 29/04/1962