Hon. Thomas William McCawley

This paper examines the philosophical and political orientation of Thomas McCawley a judge of the Queensland Supreme Court and a member of the Queensland Industrial Court in the early part of the twentieth century. McCawley's appointment to the Queensland Supreme Court has often been considered to be a controversial 'political' one that was made by the then State Labor Ryan Government to implement labourist political policy. His appointment was perceived to be made at the time in preference to other more senior and better qualified lawyers.

The Philosophical Ideals and Political Orientation of Thomas McCawley: A Social Democrat or a Pragmatist?
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This paper examines the philosophical and political orientation of Thomas McCawley , a judge of the Queensland Supreme Court and a member of the Queensland Industrial Court in the early part of the twentieth century. McCawley's appointment to the Queensland Supreme Court has often been considered to be a controversial ‘political' one that was made by the then State Labor Ryan Government to implement labourist political policy. His appointment was perceived to be made at the time in preference to other more senior and better qualified lawyers.

Thomas McCawley
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Thomas McCawley

The first Chief Justice of Queensland, Sir James Cockle, was 44 years old on appointment, Sir Samuel Griffith, 47, and the Honourable Thomas William McCawley, a mere 40.
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Let me pass now to the youngest Chief Justice of Queensland, Thomas William McCawley, appointed on 1st April 1922 at the tender age of 40.He is not only Queensland's youngest ever Chief Justice, but was also to that time the youngest Chief Justice in all the British Empire!

Chief Justice McCawley's reign as Chief Justice was cut short by his untimely death barely three years after appointment.He fell dead of a heart attack on the platform of Roma Street Railway Station while waiting to leave for an Ipswich circuit14.Regrettably this Chief Justice is remembered more for the controversy surrounding his allegedly "political" appointment than for his significant contribution, which was to industrial law.

McCawley was brought up in Toowoomba.His legal career began in the offices of Messrs.Hamilton and Wonderley.After joining the public service, as a clerk at the Government Savings Bank, he took on Bar studies.

He completed the final examinations in 1906, reportedly with an average subject result of 70%.In 1907, at the age of 25 he was admitted to the Bar, and appointed First Clerk in the Department of Justice.He then rose, a mere three years later, to Crown Solicitor, in 1910, in 1917 to President of the Queensland Court of Industrial Arbitration, and later that year, to puisne judge of the Supreme Court of Queensland.A most rapid rise!

These appointments were highly controversial.The Supreme Court appointment was even challenged, constitutionally, in the Court itself.I will not address the reasons behind the legal controversy save to say that his opponents believed that because he had not gone through the essential step of practice at the Bar, his appointment must be condemned as "political".It was only through appeal to the Privy Council that his appointment to that bench was ultimately upheld ([1920] AC 691), both the Supreme (([918] St R Qd 62) and High ((1918) 26 CLR 9) Courts, Griffith CJ presiding in the High Court, having held the appointment constitutionally invalid.

McCawley was not able to commence active service on the bench until May 1920.Not surprisingly, his rapid elevation to the position of State Chief Justice 11 months later provoked similar objection.

As I have suggested, even though McCawley's term as Chief Justice proved very short, he made significant contribution to industrial relations law - his area of particular interest.Some of his "firsts" in that area included the creation of an award for railway employees in 1917 - at that stage still in his position as President of the Queensland Court of Industrial Arbitration - and the fixing of a State minimum or "basic" wage in 1921.During his short life, he published several articles in that area, and on the punishment of offenders.We will never know what he might have achieved.Some unpublished notes suggest he had been planning an intense and critical study of the "successes and failures of industrial arbitration" and the creation of a uniform system of industrial arbitration to "avoid disputes between the States and the Commonwealth"15.

No doubt a most significant endeavour, but for the focus of a State Chief Justice?

Outside the law, McCawley was an active member of the University of Queensland Senate, having taken steps to facilitate the establishment of the law school16.He had also been responsible for assisting in the formation of an "Economic Society"17.Despite the much publicised controversy surrounding his career, his untimely death was described in one journal - as a "national calamity"18.One can but wonder whether the anguish no doubt aroused by the highly publicised objections to his appointments contributed to his sudden death.One may also query whether he could have displayed a breadth of interest appropriate to the position of Chief Justice.