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Crikey
National
Paul Osborne

Former chief justice Gerard Brennan dies

Tributes are flowing in for the late High Court chief justice Sir Gerard Brennan, who died aged 94 on Wednesday night.

Sir Gerard served as a justice of the High Court of Australia from 1981 to 1995, and as the 10th chief justice from 1995 to 1998.

His lead judgment on the Mabo case recognised for the first time under Australian law that Indigenous peoples had lived in Australia for thousands of years and their rights to their land according to their own laws and customs had never been extinguished.

Friday is the 30th anniversary of the judgment.

The High Court said in a statement on Thursday Sir Gerard’s contribution to the legal system was profound.

“He was a model of judicial restraint. He was a man of deep humanity and was held in great esteem and affection by those who had the fortune to sit with him.”

A ceremonial sitting of the court to honour him will be held in August.

Attorney-General Mark Dreyfus said Sir Gerard was one of Australia’s greatest legal minds.

“A brilliant, compassionate man whose life devoted to the law made Australia a better, fairer and more decent nation,” Mr Dreyfus said in a statement.

In his later life, Sir Gerard was a campaigner for social justice and prominent advocate for a national integrity commission.

Australian Bar Association president Dr Matt Collins said Sir Gerard had inspired generations of lawyers with his intellect and deep sense of humanity.

Law Council president Tass Liveris said Sir Gerard’s legacy would echo long into the future.

Sir Gerard’s wife Dr Patricia O’Hara died in September 2019. 

He is survived by his four daughters and three sons.

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