Martin Francis Hardie

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Full description

Martin Francis Hardie was born on 26 August 1907 at Tootool, near Wagga Wagga, NSW, the son of John Hardie and his wife Catherine nee O'Shaughnessy. He was educated at Tootool Public School. Following his father's death, the family moved to Sydney and he attended Christian Brothers College, Waverley, where he was Dux of the school in 1923. He won a Public Exhibition scholarship to attend the University of Sydney on the results of his Leaving Certificate examination in November 1923. He graduated from the University of Sydney with a Bachelor of Arts (1927) and a Bachelor of Laws 1st Class Honours (1930). In 1928 he won the George and Matilda Harris Scholarship No.1 for general proficiency on the results of the second year law examination and in 1928 he was runner-up for the George and Matilda Harris Scholarship No.2. In 1930 he shared with W.S. Sheldon the University Medal for Law and the John George Dalley Prize for the most distinguished student graduating in the Faculty of Law. After he established his law practice, he studied accounting and became an Associate of the Australian Society of Accountants (NSW).(1)

Hardie worked in a solicitor's office until he was admitted to the NSW Bar on 15 February 1934. His initially practiced in all jurisdictions but eventually focused on equity. After World War II he specialised in taxation, resumption and valuation cases, equity suits and constitutional issues. In 1947 he became a King's Counsel. He represented the New South Wales Government on two occasions before the Privy Council in 1953 and 1954.(2)

During World War II, Hardie was Secretary of the Defence Works Priorities Committee in Melbourne from 1942 to 1944. He was medically unfit for military duties so he volunteered for administrative duties with the Commonwealth Government and moved his family to Melbourne. The Committee advised Cabinet on the construction of essential works for the war effort.(3)

Hardie held many judicial roles. On 15 October 1951 he was appointed an Acting Judge of the Supreme Court of New South Wales for six months, primarily in the Equity jurisdiction. On 2 September 1955 he was made a Puisne Judge of the Supreme Court of NSW. He had a long association with the Land and Valuation Court of NSW, from 1 August 1955 as an Additional Judge, from 19 January 1957 as Deputy Judge, and from 1 January 1962 to 30 July 1972 as Judge, until the jurisdiction ceased. He was an Acting Judge of Appeal from 1 October 1968 to 3 February 1969 during a court reshuffle due to a leave of absence by the Chief Justice Leslie James Herron. He was again an Acting Judge of Appeal from 13 March 1972 to 30 June 1972 and he was appointed a Judge of Appeal on 31 July 1972. He died in office on 29 June 1974.(4)

Hardie's expertise in land valuation was utilised by the Queensland Government in 1966. He headed a Commission of inquiry into certain matters concerning the valuation of lands in Queensland from 19 January to 19 July 1966. It addressed the question of whether the Land Court and the Valuer General's Department duplicated services, particularly valuation. The Commission recommended that the Valuer-General remain the sole statutory authority for valuations for rating and taxing purposes but that a Special Land and Valuation Court be established to hear appeals against Valuer General valuations.(5)

Hardie had an interest in politics. In 1952 he stood as an independent candidate at the by-election for the Federal seat of Bradfield on Sydney's North Shore, following the resignation of William Morris Hughes. He was narrowly defeated.(6)

Hardie was active in his community. He was president of the Asthma Foundation (NSW) by 1965. He was also vice-president of the Ku-ring-gai Branch Road Safety Council by 1965. He had an interest in the theatre, conservation, Australian Frontier, the Girl Guides movement and protection and preservation of parklands.(7)

Hardie died on 29 June 1974 at Sydney. His first wife was Nancy Josephine nee O'Reilly whom he married on 2 January 1936 at Sydney. They had one son and three daughters. She died in 1967. On 18 September 1970 he married Mario Halliday, nee Broun.(8)

Endnotes:
1. Who's Who in Australia, Melbourne, The Herald, 1955, pp.347-8; 1959, p.355; 1962, p.377; 1965, p.379; 1968, p.392; 1971, p.436; Australian Law Journal, Vol.48, p.370 (July 1974); Vol.49, p.302 (June 1975); University of Sydney Calendar, 1925, p.721; 1926, pp.514, 721, 725; 1927, pp.632, 733; 1928, pp.408, 557, 757, 848; 1930, pp.417, 456, 468, 513, 578, 696; 1931, p.775 http://calendararchive.usyd.edu.au/index.php cited 12 and 27 May 2008.
2. Barrister and Solicitors Admission Boards; NRS 13665, Roll of Barristers, 17 February 1927 - 10 June 1955; Reel 2147, p.7; Australian Law Journal, Vol.29, p.114 (21 July 1955); Vol.48, p.370 (July 1974); Vol.49, p.302 (June 1975).
3. Australian Law Journal, Vol.49, p.302 (June 1975).
4. State Reports New South Wales, Sydney, Law Book Company of Australasia Pty Ltd, Vol.51 (1951); Vol.52 (1952); Vol.69 (1967-68), pp.vi-viii; New South Law Almanac for 1975, Sydney, NSW Government Printer, 1975, pp.45, 50, 52; Australian Law Journal, Vol.25, p.403 (18 October 1951); Vol. 29, pp.114 (21 July 1955), 292 (15 September 1955).
5. 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.242-3.
6. Australian Law Journal, Vol.49, p.302 (June 1975).
7. ibid.; Who's Who in Australia, op.cit.
8. ibid.

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