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Posts tagged as “John Kerr”

Whitlam Comments On Barwick’s Letter To Kerr

July 8, 1997

Gough Whitlam commented in detail on Sir Garfield Barwick’s letter to Sir John Kerr in a speech to The Sydney Institute in 1997.

On November 10, 1975, Barwick tendered legal advice to Sir John Kerr that approved of Kerr’s intention to dismiss Whitlam.

Text of Gough Whitlam’s speech to The Sydney Institute.

I am doubly indebted to Gerard Henderson; first, for inviting me to address the Sydney Institute; and secondly, for providing me, albeit unwittingly, with the text for these introductory remarks.

More than that, Gerard has set down one of the main reasons why I chose to spend a considerable part of the past couple of years writing a book.

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Sir Garfield Barwick’s Advice To Sir John Kerr

November 10, 1975

On Sunday, November 9, 1975, two days before he dismissed Gough Whitlam, the Governor-General met with the Chief Justice of the High Court, Sir Garfield Barwick.

On November 10, Barwick, a former Liberal Party minister under Menzies, tendered this advice to Kerr about his constitutional powers.

Text of High Court Chief Justice Sir Garfield Barwick’s advice to the Governor-General, Sir John Kerr.

Dear Sir John,

In response to Your Excellency’s invitation I attended this day at Admiralty House. In our conversations I indicated that I considered myself, as Chief Justice of Australia, free, on Your Excellency’s request, to offer you legal advice as to Your Excellency’s constitutional rights and duties in relation to an existing situation which, of its nature, was unlikely to come before the Court. We both clearly understood that I was not in any way concerned with matters of a purely political kind, or with any political consequences of the advice I might give.

In response to Your Excellency’s request for my legal advice as to whether a course on which you had determined was consistent with your constitutional authority on duty, I respectfully offer the following.

Continue readingSir Garfield Barwick’s Advice To Sir John Kerr