Sue Lines (President) Share this | Link to this | Hansard source

It is with deep regret that I inform the Senate of the death, on 28 November 2024, of the Hon. Thomas Eyre Forrest Hughes AO, KC, a former minister and member of the House of Representatives for the divisions of Parkes and Berowra, New South Wales, from 1963 to 1972. Before I call the Leader of the Government in the Senate, I draw to the attention of honourable senators the presence with us today of former prime minister the Hon. Malcolm Turnbull AC, Ms Lucy Hughes Turnbull AO, Ms Christine Hughes and Mr Tom Hughes. I also welcome family in the President's gallery today. On behalf of all senators, I pass on our condolences.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

by leave—I move:

That the Senate records its sadness at the death, on 28 November 2024, of the Honourable Thomas (Tom) Eyre Forrest Hughes AO KC, former Attorney-General and Member for Parkes and Berowra, places on record its gratitude for his service to the Parliament and the nation, and tenders its sympathy to his family in their bereavement.

I rise on behalf of the government to acknowledge the death of the former member of the House of Representatives and minister, the Hon. Thomas Eyre Forrest Hughes AO, KC, at the age of 101. At the outset of my remarks, I convey the government's condolences to the family and friends of Tom Hughes and, again, join you and others in acknowledging those joining us in the chamber today—Tom's wife, Christine; his son, Tom; and his daughter, Lucy Turnbull AO, and her husband, the Hon. Malcolm Turnbull AC, former Prime Minister of Australia. I also extend acknowledgement to all friends and relatives here today. I extend my personal sympathies to you all, as I do to Mr Hughes's loved ones who are not here with us today.

To be a centenarian puts one in rare air, and Tom Hughes was rare indeed. As the Prime Minister said earlier:

It takes considerable effort to fill a century of life to capacity, yet Tom Hughes certainly managed it. In his 101 years, he gave us many remarkable chapters, each revealing another aspect of a man of wit, intellect, courage, conviction and curiosity.

The narrative that coursed through those chapters was his family—a family flush with talent, a family grounded by civic duty and a family bound by deep love and affection.

Tom Hughes was born in November 1923 in Sydney. His father was a successful lawyer and wartime aviator. His grandfather and great uncles were members of the New South Wales parliament. His brother was the acclaimed historian and art critic Robert Hughes, who was once described in the New York Times as 'the most famous art critic in the world'. He was educated at Riverview, where the intellectual discipline of the Jesuits helped shape his character and work ethic.

As with so many of his generation, World War II interceded and upended his trajectory into adult life. He followed his father's footsteps, enlisting in the RAAF in Australia in 1942. He was a celebrated pilot, and when his service concluded in 1946 he held the rank of flight lieutenant. For his contribution to the war in Europe, he would be recognised in 2005 by France with its highest award, the Legion of Honour. Despite his military achievements, Lucy Turnbull recalled that her father 'did not dwell on his war service. He never told us stories of his flying or military adventures.' I think that says something of the character of the man—his respect for the suffering of war and the sacred memory of those who didn't return.

Returning to civilian life, Tom once again followed in his father's footsteps and completed studies in law at the University of Sydney. He was admitted in 1949 and took silk just over a decade later. I'm told it was on the same day as Gough Whitlam. Gough Whitlam and Tom always held each other in high esteem despite their political differences.

Tom Hughes had not long been Queen's Counsel before another family calling resonated. At the 1963 general election, won by Robert Menzies, he successfully contested the division of Parkes—then located in inner Western Sydney—defeating the Labor incumbent, Les Haylen. His campaign manager was future prime minister John Howard. In 1969, Tom became the first member for Berowra.

After a couple of terms on the backbench, destiny prevailed when Prime Minister John Gorton appointed Tom Hughes to the ministry as his Attorney-General. They shared a background as wartime airmen and an enmity for Billy McMahon. The strength of the relationship between them is evidenced by Tom Hughes delivering the eulogy at John Gorton's funeral in 2002. Theirs was a government grappling with change—a restlessness percolating through the Australian public, and politics was catching up with a prime minister orientated towards action. Tom himself, as Lucy recalled, 'became a more liberal Liberal during his time in parliament'. He certainly was 'way ahead of his time' and was 'at the vanguard of pushing to abolish the crime of homosexuality'.

Tom didn't have much time as Attorney-General, only until John Gorton's demise in 1971, but he spent that short tenure at the forefront of legislative reform, applying himself with his typical focus, especially in areas not regarded as the purview of Commonwealth government—pursuing divorce law reform, law reform in the ACT and trade practices legislation. In her eulogy, Mrs Turnbull said: 'Dad, like all traditional Liberals, was always a big supporter of free and fair enterprise. The "fair" bit was very important to him. Dad was very opposed to restrictive trade practices, meaning monopolistic or anticompetitive behaviour, and in those days the legal system didn't have enough power to prohibit or sanction it.'

Tom balanced public expectations with justice in electing not to indiscriminately prosecute antidraft protesters, at the same time as he notoriously confronted antiwar demonstrators streaming down his driveway—with a cricket bat.

Alongside reform inside the parliament, his talents as a barrister were not left idle, personally appearing for the Commonwealth on multiple occasions in the High Court during this time. It was a pretty good deal for the taxpayer, since—a young Malcolm Turnbull later recorded in a profile for the BulletinTom's daily rate at the bar was a thousand dollars a day in 1970s money. Perhaps most famously, he appeared for the Commonwealth in the Concrete Pipes case, which led to an expansive interpretation of the corporations power in the Constitution. Former High Court justice Michael McHugh reflected, 'This granted the Commonwealth government power to control and regulate most of the business and economic life, and much of the social life, in Australia.'

The ascent of William McMahon to the nation's highest political office brought about Tom Hughes's ministerial demise. The three airmen—John Gorton, Tom Hughes and their close friend, minister for the Navy Jim Killen—fell together, sacked by the new leader, whom he accurately described as 'a shocking little person'. Tom Hughes left parliament at the ensuing election and returned full time to the New South Wales bar, serving as president of the Bar Association from 1973 to 1975, and he built his reputation and became pre-eminent amongst those learned in the law.

I've read various nicknames and various adjectives for this period in his life: formidable, dominant, theatrical, the nickname 'Frosty'. But above all, unquestionably, he was exceptionally good—a leader at the bar, master of the courtroom—and he applied himself across a broad spectrum of the law. And he'd work his craft as adeptly before the High Court, in which he appeared on nearly 100 occasions in constitutional cases, as he did before the Supreme Court on a defamation trial or criminal matter. His clients included Lionel Murphy, as well as the Packer family, and even—no doubt to the delight of the current Prime Minister—the South Sydney Rabbitohs. Finally, he retired on the occasion of his 90th birthday. It's very impressive.

Tom Hughes was a gifted Australian. He excelled in his chosen field, and he ensured he never treated it like an occupation. Whether in law or politics, it was a calling, and our nation is richer for his pursuit of it. Tom Hughes was, as the Prime Minister said, someone with a sharp wit and a gift for language and persuasion. More importantly, he held a determination to use his talents for the service of others, for causes bigger than himself. And anyone who has had anything to do with the Hughes and Turnbull families would have observed how they treasured their loving patriarch. Lucy's eulogy reveals not just his family's sadness for his passing but also their pride in his life.

Tom returned to the shores of Sydney Harbour for his last days, so fitting when his brother had vividly described Sydney Harbour as 'the amniotic fluid' of Tom's memory. That iconic part of Australia so nurtured Tom Hughes's emotional and spiritual life, and Tom and his family have just as devotedly sought to shape the modern soul of Australia.

On behalf of the government I express again our condolences, following his passing, to his friends and family, especially to his wife, Christine; and his children, Lucy, Tom and Michael.

Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to 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.

Bridget McKenzie (Victoria, National Party, Shadow Minister for Infrastructure, Transport and Regional Development) Share this | Link to this | Hansard source

I rise today, on behalf of the National Party, to honour the life and legacy of Thomas Eyre Forrest Hughes AO, KC, a man of towering intellect and unwavering integrity and an indelible contributor to Australian public life. Thomas Hughes was a legal giant, a King's Counsel of great renown whose mastery of the law was matched only by his passion for its fair application. His career spanned decades, during which he set benchmarks for legal advocacy that continue to inspire generations of barristers and solicitors today. It's said he had four careers, and the Nats might just doff a cap—an Akubra—to the fact that he was known to be a farmer, an airman, a barrister and an MP. The mark he left on Australian jurisprudence is significant: his arguments sharp and persuasive, his presence in the courtroom formidable, and his dedication to the rule of law unwavering. This was demonstrated by the fact—and this just speaks volumes—that he only retired from practice in 2013, just shy of his 90th birthday.

Beyond the legal profession, Mr Hughes was a dedicated servant of the Australian people. His military service was an extension of these principles, an affirmation of his willingness to stand in defence of our great country and contribute to the global struggle for peace and security. During World War II, he answered the call to serve his nation, enlisting in the Royal Australian Air Force, where he trained and served as a pilot. Tom enlisted and served in the No. 10 Squadron from 1942 to 1946. No. 10 Squadron was both the first RAAF squadron and the first British Commonwealth squadron to see active service in the Second World War. It was also the only RAAF squadron to see continuous active service throughout the war. In 1943, Tom began a tour of operations and was part of the Normandy invasion. In 2005, he was awarded the French—and forgive my French—Legion d'honneur for his contribution to Operation Overlord. His contributions to the war effort, alongside those of thousands of other Australians, were instrumental in safeguarding the freedoms that we all cherish today.

As a parliamentarian, he represented the constituents of Parkes from 1963 to 1969, in the halcyon days, shall we say, of the Menzies-McEwen government. In 1970, he purchased 800 hectares of good country down near Goulburn and went on to establish a Poll Dorset sheep stud. He exhibited, I'm sure, a fancied fleece not only in the local shows but at the Sydney Royal, which is something he enjoyed. He was also the first member for the electorate of Berowra from 1969 to 1972. Former prime minister John Howard was Hughes's campaign manager for the seat of Parkes in 1963 and became a lifelong friend.

Serving with distinction as Australia's Attorney-General from 1969 to 1971, he demonstrated an unyielding commitment to justice, bringing about reforms that strengthened the legal foundations of our nation and reinforced the fundamental rights of its citizens. His service in public office was defined by his sharp legal mind, his deep understanding of constitutional matters and his ability to balance the weighty responsibilities of his role with an innate sense of fairness. He believed in the principle that the law was not merely a collection of rules but a living institution that must serve the people it governs.

Beyond his public service, many would attest that Thomas Hughes was a man of great personal warmth, wit and generosity. To those who knew him he was a devoted family man, a mentor and a steadfast friend. He was known for a rare trait in politics—his humility despite his formidable achievements and impressive CV. His contributions extended well beyond the legal and political spheres. In 2001, he was appointed an Officer of the Order of Australia in recognition of his service to the law and the broader Australian community. He gave freely of his time and expertise, fostering the next generation of legal minds and remaining a respected voice in national discussions on governance and legal affairs.

The passing of Thomas Hughes is a reminder of the legacy that great Australians can and do leave behind, not only in the institutions they shape but in the lives they touch. His influence is still felt in courtrooms across this country, in the pages of our legal textbooks and in the hearts of those who had the privilege to work alongside him.

I would like to acknowledge his daughter, Lucy Turnbull, who is in the chamber today and who inherited from her father and his family a commitment and dedication to public service. On behalf of the Nationals, I extend our deepest sympathies to his wife, Christine; his children, Lucy, Tom and Michael; and their families. We honour his life and contributions and acknowledge him with gratitude. Again, I take this opportunity to thank him for his service to a grateful nation in all four of those careers. May he rest in peace.

Maria Kovacic (NSW, Liberal Party) Share this | Link to this | Hansard source

The Jesuits have a maxim that they teach their students, their seminarians, which is foundational to the way that they see the world. They call on each other to be men and women for others. It builds upon Ignatius's spiritual exercises, which call for love to be expressed not just in words but in deeds. It should come as no surprise to any of us here that Tom Hughes was a product of this very Jesuit education at St Ignatius' College Riverview. Few others readily come to mind in exhibiting this calling throughout a life of service more than Tom—an eminent life of service to his country, to this parliament and to the law.

Tom graduated in law from the University of Sydney and enlisted in the Royal Australian Air Force in 1942. After some training in Australia and the US, Tom volunteered for No. 10 Squadron RAAF in Plymouth, flying Short Sunderlands and protecting Atlantic shipping and, in 1944, the English Channel and Bay of Biscay during D-Day operations. For his work in the war, which he later described as a 'rather minimal contribution to the war', he was awarded the French Legion of Honour amongst his Australian and imperial awards.

On 3 March 1964, Tom delivered his maiden speech in the other place as the member for Parkes and, later, the member for Berowra. In it, he discussed the most pressing matter of the time, particularly for those on his side of politics—the Cold War. Tom was resolute about the risks that Australia faced and the role of Australia particularly in the light of a diminished empire and the threat of communism to the free and open world, particularly in Asia. His words echo true today—the need to be vigilant in the face of threats to our way of life, this time at the hands of authoritarian regimes.

Tom later recalled in regard to the development of his political ideology: 'It's true that I was a fairly conservative politician when I first entered parliament in 1963, but in time I think I learnt to temper that conservatism, and later I think I was regarded as a small-l liberal.' It was this shift that came to a head at the latter end of his parliamentary career. In May 1970, when he was the Commonwealth Attorney-General, Tom gave an address to the sixth national conference of the Australian Council of Social Service at the ANU. In it, the first law officer of the Commonwealth made what was at the time considered to be a remarkable statement. He said:

It is one thing to disapprove on moral grounds of homosexual connection in a private place between consenting adults. It is another thing to permit such disapproval to drive one to the conclusion that conduct of that description should be classified as criminal.

This statement was remarkable at the time because homosexual acts were illegal. He was at that point and for some time after the only Liberal politician to express the desire to decriminalise homosexuality. He was saying then that the government did not belong in people's bedrooms. He was ahead of his time.

Naturally, Tom's calls did not go unnoticed by elements of his own party, and, shortly after ending up on the wrong side of a leadership spill and back on the backbench, Tom was the subject of a preselection challenge. On 8 October 1971, delegates of the New South Wales division of the Liberal Party gathered at their Ash Street headquarters in Sydney to select their candidate for Berowra. Tom was being challenged by four candidates, including leading conservative and state MP Jim Cameron. But, as selectors entered the building, a remarkable thing was happening on the street: the Campaign Against Moral Persecution was staging a demonstration in support of Tom. The Australian newspaper had reported on that morning of the meeting, 'Australia's homosexuals will hold their first public picket'. It was the first ever public demonstration by that group and it was done in support of the preselection of Tom Hughes.

However, whilst Tom was victorious in the preselection, defeating his challengers in the first ballot, he would decide not to contest the next election and would return to the bar full time. He was elected to the Council of the Australian National University and was elected President of the New South Wales Bar Association. As I mentioned at the outset, Tom would carry the values he was taught at a young age whilst at the bar. He represented Robert Askin, Gough Whitlam, Vic Garland, Kerry Packer, Bill Waterhouse and Lionel Murphy during a career that would culminate in him being dubbed, as we've already heard today, a lion of the bar. He retired a month before his 90th birthday. In more recent years, I am particularly proud to have worked on the Tom Hughes Oration, led by my friend the member for Berowra, which is now an annual fixture in the Berowra federal electoral conference, which I led for a number of years. It was a privilege to witness Tom's formidable intellect in person.

Tom is survived by his wife, Christine; his children, Lucy, Tom Jr and Michael; and, of course, Malcolm—all of whom, I might add, have given exemplary services to this country, to the law and to the Liberal Party. I offer my condolences to Tom's family and friends. May he rest in peace. Ad maiorem Dei gloriam.

Sue Lines (President) Share this | Link to this | Hansard source

I ask senators to join in a moment of silence to signify their assent to the motion.

Question agreed to, honourable senators joining in a moment of silence.