Whitlam as Law Reformer

Abstract

In this article Mr Justice Kirby outlines a number of important legal themes in the career of the former Prime Minister. Several issues were identified by him soon after Mr Whitlam entered Parliament and persisted with in Opposition and Government. Some of them led to important legislative reforms. The abolition of appeals to the Privy Council was achieved in part. The establishment of a new Federal Court, long predicted, has now been achieved. Major reform of family law and the establishment of a special Family Court was pioneered with the support of Mr Whitlam. The expansion of Commonwealth interests in commercial and business law coincided with facultative decisions of the High Court. The achievement of a single corporation law and of national compensation eluded the Whitlam Government but may yet be secured. The identification of the need for a new administrative law is instanced as the most original of Mr Whitlam's law reform preoccupations. The new body of Commonwealth administrative law was initiated during his Administration. This paper is a history not an evaluation. But it identifies a number of themes important for continuing law reform in Australia and illustrates Mr Whitlam's persistence, and in some cases successful action, towards achieving reform of the law.