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McCAWLEY, TH0MAS WILLIAM (1881-1925), chief justice of
Queensland, |
son of James McCawley, was born at Toowoomba Queensland, on 24 July 1881.
Educated at St Patrick's boys' school, Toowoomba, McCawley at 14 years of age
began working as a teacher, but shortly afterwards entered a solicitor's office.
He studied shorthand and became so proficient that he taught it to evening
students at the Toowoomba technical college. He passed the public service
examination, entered the service of the Queensland government savings bank, and
was successively transferred to the offices of the public service board and the
department of justice. Studying after office hours, he passed the prescribed
examinations and was admitted to the Queensland bar in the beginning of 1907. In
the same year he was appointed certifying barrister under the friendly societies
and trade union acts, and as first clerk in the department of justice he earned
the complete confidence of the successive ministerial heads of the department.
In 1910, when only 28 years of age, he was appointed crown solicitor, and soon
established a remarkable reputation. At one sitting of the high court at
Brisbane the state of Queensland was concerned in six appeals, and the court
upheld McCawley's opinion in each case. In the Eastern case argued by T. J. Ryan
(q.v.) before the privy council in England, McCawley as crown solicitor
instructed Ryan and accompanied him to England. Their contentions were upheld by
the privy council, and the immediate consequential saving to Queensland was in
the neighbourhood of £70,000. In 1915 McCawley was appointed under-secretary for
justice.
McCawley had always been interested in industrial arbitration, and so far
back as 1906 had collaborated with (Sir) J. W. Blair and T. Macleod in the
preparation of a work on The Workers' Compensation Act of 1905. In
January 1917 McCawley was appointed president of the court of industrial
arbitration, and a few months later he was made a judge of the supreme court.
There was much opposition to these appointments, and technical objections were
raised by some members of the Queensland bar and some of the judges of the
supreme court. A majority of the Queensland full court upheld these objections,
and on an appeal being made to the high court of Australia there was again a
majority verdict against McCawley. The privy council, however, reversed both
these decisions. McCawley found that the work of the arbitration court was both
heavy and difficult, but he had never been afraid of work. On 1 April 1922 he
was made chief-justice of Queensland on the retirement of Sir Pope
Cooper (q.v.). McCawley carried on his offices until 16 April 1925, when he
died suddenly at Brisbane in his forty-fourth year. He married in 1911 Margaret
Mary, daughter of Thomas O'Hogan, who survived him with three sons and a
daughter.
McCawley started with no advantages and by sheer force of ability and
character reached one of the highest positions in the land. He easily wore down
the feeling that arose when he was made a judge and earned the respect and
affection of all his associates. He never lost his simple and unassuming manner,
he remained a student all his life, and he gained a remarkable knowledge of law.
His earnestness, courtesy and acuteness made him a great arbitration judge. His
too early death was lamented by all classes in Queensland.
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