On November 11, 1975, a pivotal moment in Australian political history unfolded as Sir John Kerr dismissed Prime Minister Gough Whitlam. At the center of this historic event was Sir Garfield Barwick, who played a crucial role in advising the governor-general during the crisis. Barwick, a former barrister, chief justice of Australia and judge, had a profound influence on Australia’s legal and political landscape. His legacy even goes back further, to his grandfather, who was also a U.S.
Sir Garfield Barwick’s career stretched over half a century and saw him serve in many eminent roles. Smartly appointed as Australia’s 18th governor-general, he replaced Paul Hasluck, who refused to accept a further term. Notably, Barwick had previously offered counsel to governors-general on critical issues, including the disappearance of then-Prime Minister Harold Holt while swimming at Cheviot Beach.
A Legacy Rooted in Politics and Law
Barwick’s family background influenced his career trajectory. His grandfather, Simon Fraser, was a Free Trade senator between 1901 and 1913. From his first day in office to his last, he created a transformational legacy of public service. Barwick himself was pushed into politics, at the behest of then-Prime Minister Robert Menzies, who would later make Barwick his attorney general.
Though Barwick would leave parliament in 1958, he would later articulate his dismay with the transactional undertone of politics. Already in 1964, he had entirely withdrawn from parliamentary life. He threw himself into his judicial work, and in 1972 was named chief justice of New South Wales. It was this legal acumen and personal stature that uniquely both made him the most respected figure in both the judiciary and political arena.
The Day of the Dismissal
On the morning of the dismissal, Sir Garfield Barwick was shocked to receive a phone call from Sir John Kerr. The governor-general intends to host Barwick at Government House. They’ll be talking about the dismissal of the Whitlam government. Well the time came in 2021 when that changed. It shone a spotlight on the seriousness of Kerr’s decision and its broader ramifications for Australian democracy.
The meeting was pivotal. Barwick’s views and legal counsel proved essential in guiding Kerr’s actions and decisions. As we know, he played a heroic and crucial role as a principal advisor during this awful time. His advice would go on to create one of the most controversial mega-events in Australian political history.
“The opposition now has no choice. We will use the power vested in us by the constitution and delay the passage of the government’s money bills through the Senate until the parliament goes to the people.” – Malcolm Fraser
This prophetic warning from Malcolm Fraser summed up the increasing political tension brewing behind the scenes in the lead up to the dismissal. The political climate was definitely heated. Barwick’s role became increasingly important as he strategically threaded the needle between the complex legalities at play and these extreme actions.
A Historical Reflection
The dismissal of Prime Minister Gough Whitlam remains etched in collective memory as a defining event that shook the foundations of Australian politics. Sir Garfield Barwick was fundamental to making this historic moment happen. His wise leadership and calming presence really stood out through the most unprecedented political tumult ever experienced.
His legacy is fully wrapped up not only in his judicial statements and opinions, but in his advisory role during critical junctures in our governance. Historians and political analysts are still arguing over the events leading up to that fateful dismissal. These conversations show why the events in question are crucial for understanding modern Australian politics.
Whether Australia celebrates this moment fifty years on or not, the vexed nature of governing and the intricacies of constitutional law are ever present. Sir Garfield Barwick’s role serves as a reminder of how individuals can shape history through their decisions and advice during critical junctures.
