Tom Bathurst

The Honourable Chief Justice
Tom Bathurst
AC
17th Chief Justice of New South Wales
Assumed office
1 June 2011
Nominated by Barry O'Farrell
Appointed by Dame Marie Bashir
Preceded by James Spigelman
21st Lieutenant Governor of New South Wales
Assumed office
1 June 2011
Governor Marie Bashir
David Hurley
Preceded by James Spigelman
Personal details
Born (1948-03-17) 17 March 1948
Richmond, Surrey, England, UK
Nationality Australian

Thomas Frederick Bathurst, AC (born 17 March 1948), is an Australian judge. He was appointed Chief Justice of the Supreme Court of New South Wales and Lieutenant Governor of New South Wales from 1 June 2011.

Early years and education

Thomas Frederick "Tom" Bathurst was born on St Patrick's Day 1948 in Richmond, Surrey, today part of Greater London. His father, Hugh Moxon Bathurst, had been private secretary to Senator James Fraser, Chifley's Health minister, when his engagement to tennis champion Joan Marcia Hartigan was announced.[1] They married at St Mary's Cathedral, Sydney on Saturday, 12 April 1947 before flying to Perth to board the Orion for England where they planned to live for a few years while Joan resumed her tennis career at Wimbledon.[2][3]

In 1950, Bathurst returned with his parents on the Strathmore after living in Surrey and settled in Sydney.[4] He was educated at Saint Ignatius' College, Riverview and in 1969 graduated from the University of Sydney with a Bachelor of Arts. Bathurst graduated in 1972 with a Bachelor of Laws from the Sydney Law School.[5]

Career

Bathurst was admitted as a solicitor in New South Wales in 1972 and joined the Sydney city firm of E. J. (Ernest) Kirby & Co. where his mentor was Ann Plotke.[6]

In 1977 he was called to the NSW Bar, being appointed Queen's Counsel in 1987. His primary areas of practice included appellate work in banking law, commercial law and equity. He was president of the Australian Bar Association from 2008 to 2009, and president of the NSW Bar Association from 2010–11.

Notable cases as counsel

Bathurst appeared for AWA Limited in Daniels v Anderson (1995) 37 NSWLR 438, a leading Australian case on the duties of non-executive directors. He was briefed by Dyson Heydon QC in Heydon v NRMA Ltd (2000) 51 NSWLR 1 in a successful appeal against a finding that Heydon was negligent in giving legal advice to the respondent company, an important case concerning a barrister's liability for professional advice. He appeared before the High Court of Australia in Peters (WA) Ltd v Petersville Ltd (2001) 205 CLR 126, a case which reviewed the scope of the common law doctrine of restraint of trade.

Chief Justice

On the recommendation of the NSW government, NSW Governor Marie Bashir appointed Bathurst Chief Justice of the Supreme Court of New South Wales, and Lieutenant Governor of New South Wales, effective 1 June 2011.[7]

Personal life

Bathurst is married to Robyn; the couple has two daughters, one of whom (at the time of Bathurst's own commission as Chief Justice), Emma, was a solicitor with Mallesons Stephen Jaques on secondment to a refugee organisation.[8]

Honours

In the 2014 Queen's Birthday Honours List, Bathurst was appointed as a Companion of the Order of Australia (AC), for "eminent service to the judiciary and to the law, to the development of the legal profession, particularly through the implementation of uniform national rules of conduct, and to the community of New South Wales".[9]

References

  1. ↑ "Former Woman Tennis Champion Engaged.". The Argus. Melbourne: National Library of Australia. 4 May 1946. p. 3. Retrieved 28 August 2011.
  2. ↑ "TENNIS STAR.". The West Australian. Perth: National Library of Australia. 17 April 1947. p. 14. Retrieved 28 August 2011.
  3. ↑ "Joan Hartigan For Wimbledon.". The Barrier Miner. Broken Hill, NSW: National Library of Australia. 26 March 1947. p. 5. Retrieved 28 August 2011.
  4. ↑ "Social News And Gossip". The Sunday Herald. Sydney: National Library of Australia. 30 April 1950. p. 13. Retrieved 28 August 2011.
  5. ↑ Alumni Sidneienses (database online) at University of Sydney; accessed 28 August 2011.
  6. ↑ Greg Smith (Attorney General of New South Wales), address to the Court on the swearing-in of The Honourable Thomas Frederick Bathurst QC as Chief Justice of New South Wales, Banco Court, Supreme Court of New South Wales, Queen's Square, Sydney, 1 June 2011.
  7. ↑ Patty, Anna (13 May 2011). "Tom Bathurst appointed NSW Chief Justice". The Sydney Morning Herald.
  8. ↑ Chris Merritt, "New NSW chief justice taking a massive cut in pay and pension", The Australian, 14 May 2011, pg 5 via factiva; accessed 28 August 2011.
  9. ↑ "Companion (AC) in the General Division of the Order of Australia" (PDF). 8 June 2014. Retrieved 8 June 2014.
Professional and academic associations
Preceded by
Anna Katzmann		 President of the New South Wales Bar Association
2008 – 2011 		Succeeded by
Bernie Coles
Legal offices
Preceded by
James Spigelman		 Chief Justice of New South Wales
2011 – present 		Incumbent
Government offices
Preceded by
James Spigelman		 Lieutenant Governor of New South Wales
2011 – present 		Incumbent
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