Sir Victor Windeyer achieved distinction as a lawyer, a legal historian and soldier. In World War II he commanded the 2/48th Battalion at Tobruk. After promotion to Brigade, he commanded the 20th Brigade at El Alamein and thereafter in campaigns in New Guinea and North Borneo. In 1950 he was promoted to Major-General. He was a Justice of the High Court of Australia from 1959 to 1972.
This collection of his speeches and papers illustrates his talents in each of those three aspects of his distinguished life.
It includes his moving address to the men of the 20th Brigade after the Battle of El Alamein, a comprehensive account of the establishment of the rule of law in Australia, his stirring eulogy to Field Marshall Montgomery, a history of responsible government in New South Wales, an entertaining history of law dictionaries from the 16th century to modern times, his comprehensive opinion given to Justice RM Hope of the extent to which the Commonwealth Defence Forces might be called out in times of civil unrest in a State, and fascinating accounts of some aspects of the history of his family.
Throughout these speeches and papers the reader is struck by the depth and breadth of Sir Victor’s knowledge of the law, of legal history and military history, as well as by his compassion for his fellow man.
Foreword by The Hon Sir Anthony Mason AC, KBE, GBM, QC
Introduction
Table of Cases
Table of Statutes
1. Appeals from Australian Courts to the Judicial Committee of the Privy Council
2. Address After the Battle of El Alamein
3. On the Occasion of a Service of Thanksgiving for Victory
4. Of War Memorials
5. Address at a Ceremony for the Conferring of Degrees at the University of Sydney
6. The Faculty of Arts and the Community
7. Address on Presentation to Chancellor of Sydney University of Lord Morton for the Honorary Doctor of Laws
8. Responsible Government – Highlights, Sidelights and Reflections
9. ‘A birthright and inheritance’: The Establishment of the Rule of Law in Australia
10. Unity, Disunity and Harmony in the Common Law
11. Farewell Remarks as Honorary-Colonel Sydney University Regiment
12. History in Law and Law in History
13. Contempt of Court
14. Address at Memorial Service for Field Marshal Lord Montgomery
15. Address at Dinner Arranged by the Most Excellent Order of the British Empire Association (New South Wales)
16. A Presage of Federation
17. Of Legal Dictionaries
18. Opinion on Certain Questions Concerning the Position of Members of the Defence Force when Called out to Aid the Civil Power
19. Address at the Conference of Historical Societies of the Hunter River
20. Defeat into Victory
21. Hell and High Fever
22. To Benghazi
23. A History of English Criminal Law and its Administration from 1750, Vol I
24. Historical Foundations of the Common Law
25. Sir John Peden, K.C.M.G.
26. The Honourable Mr Justice Roper Chief Judge in Equity
27. The Honourable Mr Justice Riley
Other Publications by Sir Victor Windeyer
Index
It is an outstanding collection which does the great service of putting a new generation of readers in touch with an extraordinary man. It is far more than a collection of a judge’s speeches, because Sir Victor was much more than a judge. He was also a soldier and an historian and those perspectives inform the writings of Windeyer the lawyer.
Justice François Kunc – (2021) 95 ALJ 218
Bruce Debelle is Australia’s leading scholar on Windeyer and has drawn together a fascinating range of articles penned by Windeyer throughout his legal and military career. … Victor Windeyer’s Legacy is primarily about Windeyer’s legal writing, including biographies of fellow justices, addresses and legal histories. … military writing is of great interest and an insight into one of Australia’s great legal minds and militia officers.
Justin Chadwick, Sabretache, December 2019
