Chief Justice, 1935-1961

Component identifier:

Series 62

Content Summary:

Latham was appointed Chief Justice of the High Court on 11 October 1935, succeeding Sir Frank Gavan Duffy. He retired in April 1952. In 1940-1941 he was on leave from the Court as Minister to Japan.

Items 1-836 consist of letters. They date from 1935-1952, but there is almost no correspondence for the years 1941-1946. Many of the letters were written by Latham's fellow-justices, Sir George Rich, Sir Hayden Starke, Sir Owen Dixon, H. V. Evatt, Sir Edward McTiernan, Sir William Webb and Dudley Williams, and the Solicitors-General Sir George Knowles and K. H. Bailey. Many of the letters are concerned with arranging sittings and finalising judgements; only a few deal with the substance of the judgements. Many of the letters of Starke and Evatt reflect the disharmony in the Court. Apart from administrative matters, the letters deal with appointments to the International Court of Justice, Nassoor's Case (1937), the 1940 Judiciary Bill, Evatt's resignation from the Court in 1940, Latham's move to Japan, Webb's work on the International War Crimes Tribunal at Tokyo, the proposal for a Federal Bill of Rights (1949), the Communist Party Dissolution Case, and the revision of the High Court rules (1951-1952). There are several letters from people who believed they were victims of injustice, and also letters congratulating Latham on his retirement in 1952.

Other papers include a list of constitutional and national security cases decided since the outbreak of the War, the report of the Royal Commission on the Communist Party in Victoria, notes for discussion on the Banking Case (21 May 1948), miscellaneous notes and Bills, notes on cases and legal subjects (Items 888-926), notes on the Communist Party Dissolution Case (Items 927-996), an index to cases, papers on the farewell to Latham (7 April 1952), the report of the Royal Commission on the Brisbane Line, and newscuttings.

Immediate source of acquisition:

The bulk of the collection was presented to the National Library by Sir John Latham in December 1963, a few months before his death. In November 1974 the Library purchased some further papers from a secondhand book dealer. They comprised family letters and photographs, some diaries and papers relating to the High Court. These papers have been amalgamated into the original collection.

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