Law and politics in McCawley's case

Selden Society lecture series Australia

The appointment of Thomas William McCawley to the Supreme Court of Queensland in 1917 was a decision destined to provoke controversy. The challenge to his appointment was based on what were called 'purely legal and constitutional grounds', but personal motives, partisan manoeuvring and ideological goals were never far from the surface.

The case was heard by the Supreme Court, the High Court of Australia and ultimately the Privy Council of the United Kingdom, and involved several layers of constitutional controversy.

McCawley ultimately won the case and was soon after appointed Chief Justice. Sadly, he did not live long to enjoy it—he died three years later while rushing to catch a train at Roma Street Station.

https://legalheritage.sclqld.org.au/2018-lecture-five

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