Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

I rise on behalf of the opposition to pay tribute to Tom Hughes AO, KC. In doing so, I also acknowledge the presence today here with us in the chamber of Lucy Turnbull and former prime minister Malcolm Turnbull, Christine Hughes, Tom Hughes and the broader Hughes family in the gallery. Quite simply, as so many have said, over so long a period, Tom Hughes was a great Australian—born in a bygone era, living to 101. It has been said by his official biographer that he actually had four careers: farmer, RAAF pilot, barrister and politician. And today in the Australian Senate we acknowledge, as appropriate, a truly remarkable life. In fact, when you talk to people about Tom Hughes and his life story, it is amazing to hear people say that his life story reads somewhat like a movie script.

Thomas Eyre Forrest Hughes was born on 26 November 1923 in Rose Bay. His grandfather, Sir Thomas Hughes, was a solicitor who rose to become the Lord Mayor of Sydney. His father, whom Tom always said was the man he most admired and respected, was Geoffrey Forrest Hughes, a solicitor and decorated World War I flying ace. In fact, he was famously involved in a lengthy dogfight over France with the Red Baron. His mother, Margaret, was a vicar's daughter from Devon in England. As well as Tom, the couple had one daughter, Constance, and two more sons, Geoffrey and Robert. Robert Hughes, of course, would become the renowned art critic and author of A Fatal Shore.

Tom himself was educated at Saint Ignatius College Riverview and the University of Sydney, where he studied law. That study, however, was interrupted by World War II. As a young man who already had a strong sense of service and love of his country, he joined the RAAF as a pilot. He captained a Sunderland flying boat and a crew of 12, flying out of the United Kingdom over the Atlantic and parts of war-torn Europe at the young age of 21. His Sunderland and crew succeeded in unmasking enemy artillery nests in the south-west of France where it had been assumed the Germans had been expelled. The Sunderland flying boat participated in D-day operations, escorting allied convoys and sinking U-boats. Tom was later awarded the French Legion of Honour, France's highest award. Tom modestly described it as 'a relatively lucky and safe war'.

Tom's time in Britain is also said to have inspired him to become a barrister. It had often been assumed that Tom would become a solicitor, like his father and grandfather. But during World War II in London he attended the law courts and was inspired by the performance of the wigged and black-gowned barristers defending their clients. On return to Australia after the war, Tom resumed his legal studies. He was admitted to the bar in 1949, the same year Robert Menzies won office as head of a Liberal-Country Party coalition government. The young barrister, Tom, had impeccable connections through his father, but his practice also grew because of talent and an insatiable appetite for hard work. Taking silk in 1962, Tom found a mentor and a friend in Chief Justice Owen Dixon, with both men bonding over political discussions.

What was to become a distinguished career in politics began in 1963, when Tom was persuaded to stand as a Liberal candidate in the marginal Labor seat of Parkes in Sydney's inner west. His campaign manager was a young John Howard, who remained a close friend throughout his life. In fact, former Prime Minister Howard reflected on that first campaign after Tom's death:

Quickly adapting from the formality of the courtroom to speaking from the back of a truck near Campsie Railway Station, he fought a vigorous campaign and claimed this highly marginal seat for the Menzies government

Tom was re-elected in Parkes in 1966 and then won in the new seat of Berowra in 1969. In November 1969, Tom was appointed as John Gorton's Attorney-General, a position he held until March 1971. Being responsible for administering the National Service Act and prosecuting those who resisted the draft for Vietnam, Tom's time as Attorney-General was not without difficulties. He was targeted by anti-conscription and anti-war protesters. In fact, in 1970 some 40 protesters turned up on the doorstep of the Hughes family home in Bellevue Hill. Not a man to take a step backwards, though, Tom confronted them with a cricket bat. His son Michael, we are told, just five at the time, was said to have been 'delighted to see hippies in the garden'.

Tom retired from politics prior to the 1972 election, returning to what we all now know was his true love for law. While, as I said earlier, he had a distinguished career in politics, it was as a barrister that he truly excelled and became, quite frankly, legendary. Returning to the New South Wales bar, Tom became president from 1973 to 1975.

Tom had, without a doubt—and it is well known in legal circles not just here in Australia but also on the global stage—a commanding presence in Australian courtrooms for more than half a century, taking on and winning many high-profile cases. He was still practising as a barrister well into his 80s, using his trademark mix of persuasion, intimidation and theatre. Some of Tom's cases included that of Elizabeth Evatt, Chief Judge of the Family Court, who sued when a newspaper article about the court accused her of overseeing the destruction of family lives. He represented disgraced former New South Wales chief stipendiary magistrate Murray Farquhar in his criminal trial, and Jane Makim—sister, of course, to the Duchess of York—who was found to have been defamed when falsely accused of adultery. Tom appeared several times for his law school contemporary Lionel Murphy, former attorney-general in the Whitlam government and High Court judge. In a defamation case, he represented famous rugby league player Andrew Ettingshausen, who sued when a newspaper published a naked photo of him in the shower after a game. The next statistic, quite frankly, is utterly remarkable. Tom Hughes appeared in the High Court 91 times between 1949 and 2010. He only retired from practice in 2013—literally just over a decade ago. It was well known that Tom would travel to chambers by public transport, before dawn spending many hours meticulously preparing for his cases.

The tributes from those within the legal world say a lot about Tom's standing as a barrister. New South Wales Chief Justice Andrew Bell was Hughes's junior counsel at his second-last High Court appearance, in 2009. Chief Justice Bell described Tom as 'one of the finest trial lawyers and advocates in our nation's history' and said:

Preparing and appearing with Tom was a privilege and wonderful education for any junior barrister …

…   …   …

Tom Hughes was a wonderful man, of large spirit, great style and a true patriot.

Law Society of New South Wales president Brett McGrath described Tom as 'one of the most formidable, talented and courteous lawyers to grace our justice system', saying:

Tom Hughes served his nation, in times of war and peace, with distinction, he served his clients with determination and his opponents with the utmost respect.

High Court Judge Michael McHugh said of Tom:

He is a legendary figure who embodies the public's perception of the great advocate: dashing, dominating … and handsome … By any reckoning, he ranks as one of the greatest barristers the Australian legal profession has produced.

There is no doubt that Tom Hughes lived an incredible life. The service he gave to our great country of Australia, combined with the mark he left on this nation's legal profession, carved out a unique place for Tom Hughes in our nation's history. Again, on behalf of the coalition, I offer my heartfelt condolences to Tom's wife, Chrissie; to Tom's children, Lucy, Tom and Michael; and to the wider Hughes family. May Tom Hughes, without doubt a remarkable Australian, rest in peace.