High Court of Australia, also Federal Court of Australia, 438-450 Little Bourke Street, Melbourne
Butler, Graeme1985
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High Court of Australia, also Federal Court of Australia, 438-450 Little Bourke Street, Melbourne
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1985
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BIF-CITY 105865
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Item from Collection: Heritage Collection (HC)
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Series: Central City (BIF-CITY)
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RESEARCH ADDED BY GRAEME BUTLER 2022:__________________________________________________IMAGES:https://flic.kr/p/2nrk86khttps://flic.kr/p/2nrsQVS.Period: Inter-WarDATE: 1926-8, 1935;ASSOCIATIONS: Australian Government;DESIGNERS: Chief Commonwealth Architect, J. S. Murdoch. 1926; MacKennal, H J Works Director Department of Interior 1935;BUILDERS: Thompson and Chalmers 1926; Burne, F W.GRAEME BUTLER 1985 MELBOURNE CENTRAL ACTIVITIES DISTRICT CONSERVATION STUDYEXTRA PLACE RESEARCH 13/8/1990High Court of Australia438-450 Little Bourke Street1925- ground (drawings signed by J S Murdoch Director gen. of Works)1935- upper storey (signed by H J Mackennel, Works Director, Victoria)HistoryThe High Court was created to interpret the Australian constitution, as an appeal court for State court decisions, and as a `unifier' ofthe law where the decisions reached by it are binding in all Australian states. Other Federal courts under its jurisdiction are theFederal Court of Bankruptcy, the Family Court and the Court ofConciliation & Arbitration. The High Court in its functioning has increasingly reversed the trend for British decisions determining Australian law.This building was built as a suite of three courts, library, justices' rooms and ancillary offices (including the Bankruptcy Courtadministration) in 1925-6. A storey was added to in 1935. The High Court removed in 1980 to a new competition-winning building in theCanberra suburb of Parkes. Soon after this relocation, the court assumed the role of the country's highest court in place of theBritish Privy Council.Typical of work done under Murdoch, the design is Georgian Revival, symmetrically planned and finely but conservatively detailed. Todaythe building is near original inside and out, providing a strong expression of both the nature of the architecture and the nationallyimportant functions which have transpired within, albeit in a modest little-street setting. Major elements ofthe design include the ceiling lights over each corridor crossing, the court rooms and the joinery, both metal and timber, throughout..VICTORIA HERITAGE REGISTER H1476Statement of SignificanceThe Federal Court of Australia, originally the High Court, was built in 1926 to a stripped Classical design by Chief Commonwealth Architect, J. S. Murdoch. Murdoch's building was a single storey structure with rusticated red brick walls on coursed basalt blockwork, housing three court rooms. It featured a dressed basalt surround to the central projecting entrance porch and flat parapets resembling those on the old Parliament House in Canberra. The Court was extended in 1935 by H. J. MacKennal, chief architect for the Victorian Public Works Department, with the addition of an upper storey in the same materials and style. These extensions were undertaken to house the High Court and minor Federal judicial bodies such as the Patents Office, the Office of the Receiver under the Federal Bankruptcy Act and the Melbourne offices of he Federal Crown Solicitor. In 1946 a rear first floor addition was made to the Library. Further additions were made in 1991-92, and restoration work was carried out.The Federal Court of Australia is of historical and architectural significance to the State of Victoria.The Federal Court of Australia is of historical significance for its associations with the highest levels of Australian legal administration over a lengthy period, and as a reminder of Melbourne's dominance of federal politics before the development of Canberra. The building was originally designed as the High Court of Australia. Melbourne was the nation's capital from Federation in 1901 until 1927, but a new High Court was only opened in Canberra in 1980. Until then this building, and others in the other State capitals, continued to be used for sittings of the High Court. In 1977, the building became the Melbourne premises of the Federal Court, being used solely for this purpose after the opening of the High Court in Canberra. Since it began as the High Court of Australia, and continuing during its Federal Court incarnation, many important legal cases have been determined in the building, including ones dealing with uniform taxation legislation and the Banking Acts of 1945; the Melbourne Corporation Case (1946), which reinterpreted the role of the Federal and State Governments; the Menzies effort to ban the Communist Party (1951); and the Boilermakers' Case which held that the Commonwealth Court of Conciliation and Arbitration could not exercise judicial and arbitral functions. This case resulted in the creation of the Commonwealth (later Australian) Conciliation and Arbitration Commission to exercise the arbitral functions and the Commonwealth (later Australian) Industrial Court to exercise the judicial functions in the industrial field.The Federal Court of Australia is of architectural significance as an excellent example of the inter-war Stripped Classical style which characterised many Commonwealth buildings of the time, and as an early work of the fledgling Commonwealth Department of Works and its first chief architect, J. S. Murdoch. Stripped Classical became virtually the standard Commonwealth Government style in the inter-war years and is particularly evident in the public buildings of Canberra, such as the Old Parliament House (1927), also designed by Murdoch. The style is a simplified version of classicism, with vestigial Classical columns and entablature, but with minimal ornament and a strong horizontal emphasis. Its dignified conservatism was thought appropriate for major public buildings, while the reduction of ornamentation reflected modernism's rejection of unnecessary decoration, and gave the buildings a contemporary, even progressive, flavour. Murdoch was a major figure in the development of Canberra, being a judge of the competition to design the city and responsible for many of the capital's buildings himself. He was also responsible for a number of public buildings throughout Australia.HO698 Federal Court of Australia, 442-460 Little Bourke Street, MelbourneRef No H1476.GRAEME BUTLER 1985 MELBOURNE CENTRAL ACTIVITIES DISTRICT CONSERVATION STUDYBUILDING IDENTIFICATION FORM cites source 80,165;.REID, KEITH & JOHN R, 1976, MELBOURNE CBD STUDY AREA 7 (source 80)HIGH COURT450 Little Bourke StreetBUILT: 1926ARCHITECT: PWD Architects for Stage 2, 1935. Drawings signed by W.J.Barnet or Baxter and JacksonBuilder: Stage 2: F. W. Burne .DESCRIPTION:Originally a single storey building containing three courts and offices in restrained neo classical. style with flat parapets comparable with Canberra Parliament House, but with a too truncated from (form?). Currently two storey with library and pitched tile roofs with form much improved by increase in height, it has fine details, sedate solid and void proportions and horizontally coursed wall surfaces.The plan is symmetrical with three courts across the middle .surrounded by passages with widened loggias at internal corners, opening to balconies above.ALTERATIONS:Property leased by Commonwealth Government from State in 1928 on 30-year lease with option··to buy. Negotiations still proceeding.1936 Addition of first floor to Courts and offices.1946 Rear first floor addition to Library.CONSTRUCTION & MATERIALS:Red brick walling with bluestone plinths and mid floor cornice. Concrete floors and stairs with timber encased steel beams. Apart from panelled court rooms, the interior is plastered with minimal decoration of cornices, giving a sterile impression.CITYSCAPE RELATIONSHIPThe low below profile of the building helps to maintain predominance of the adjoining Law Courts, but· the red brick colouring and bleak form are better related to the Telephone Exchange on the east, rather than the Law Courts.RecommendationA building of minor architectural interest, better represented in Canberra and unsympathetic to the Legal Precinct. Not warranted for retention..NEWSPAPERS (TROVE)1926https://trove.nla.gov.au/newspaper/article/243583922NEW HIGH COURTContract to be LetSo soon as the Federal- and State Crown Solicitors agree on the terms of a document regarding the tenure of land in Little Bourke street, at the rear of the State Law Department's building; a contract will be let for the erection of courts' .and offices for the High Court of Australia.Tenders for the building were called recently by the State Public Works Department for the Common wealth, and the name of the successful tenderer will be announced shortly.(Messrs Thompson and Chalmers, Collins streot £36,580)1927https://trove.nla.gov.au/newspaper/article/3866293 illustRapid progress is being made with the construction of the building that is to house the High Court of Australia, next to the Victorian Law Courts, in Little Bourke street. An exterior view, with the dome ofthe Law Courts in the distance, and (below) an interior view of the No. I courtroom, with workmen engaged in laying the parquetry floorThe Herald (Melbourne, Vic. : 1861 - 1954)Wednesday 2 November 1927 - Page 14https://trove.nla.gov.au/newspaper/article/243927471NEW HIGH COURT BUILDINGSTreatment of InteriorThe new court buildings for the High Court of Australia, adjoining the Law Courts Buildings, Little Bourke — street, are now practically completed, — and final touches are being put to the interior and to the fittings preparatory to the occupation of the building. As already illustrated and described generally In The Herald, the exterior is faced with brickwork and stone dressings and, in keeping with the purpose of the building is simple and dignified in its architectural treatment, a character which has also been maintained in the treatment of the interior.The actual courts, three in number, vary in size, the centre one, the largest, 50ft. by 35ft., being designed for the requirements of the Full High Court, thus permitting the seven justices to occupy the bench together The two side courts are somewhat smaller, both being 50ft. by 30ft. In all courts the walls, bench screens and front are panelled in stained Tasmanian oak: the counsels' chairs, tables, public seating and all fittings being finished to match, and upholstered in brown leather, while the floors are covered with jarrah wood block flooring. The justices' entrance to each court is by screened steps leading up to the bench level, which is 2ft. 6in. above the floor of the court. The counsel's, solicitors' and officials entrance being at either side of court, and that for the public at the end facing tho Bench. Tho courts are lighted by windows in the two side walls of the courts, 12ft. 6in. above the floor level, thus avoiding direct light facing the jus tices or counsel. In addition to natural ventilation provided by opening sashes in these windows, the proper ventilation of the courts is further secured by means of three electrically operated exhaust fans In the ceiling of each court, working In conjunction with fresh air inlets in the -walls. The courts are heated by a direct radiation system of hot-water heating.The building has been erected from the designs of Mr J. S. Murdoch. F.R.I. B. A., Commonwealth Chief Architect.1928HIGH COURT.Occupancy of New Building.Judges of the High Court are leaving the State Law Courts building for the new High Court building adjoining, which faces Little Bourke street. The new building will be occupied by the High Court at its sitting in Melbourne on February 21. It is understood that Mr. Justice Higgins will retain his old chambers in the Law Courts building above the library. Other High Court judges will have rooms in the new structure.1930The Brisbane Courier (Qld. : 1864 - 1933)Saturday 18 January 1930 - Page 14https://trove.nla.gov.au/newspaper/article/21534654THE HIGH COURT.THE BENCH AND BAR,A VISITOR'S IMPRESSIONS.(By PROFESSOR CUMBRAE STEWART, K.C.)Under the shadow of the great dome of the Supreme Court of Victoria, in William-street, Melbourne, lies a low one-storied building. This is the High Court of Australia, which interprets the written Constitution of the Commonwealth, deals with Federal legal matters, and disposes of appeals from State Supreme Courts. It has little of the dignity or splendour of its neighbour, with its fine facade to William street, and its dome and court, modelled on the old Four Courts of Dublin. Its library suffers by comparison with the Supreme Court Library under the dome, which rivalled the famous library at Dublin, now no more. The Victorian Supreme Court library has no peer south of the line, with its vast rotunda, and bays, its upper stories, and its noble portraits of Chief Justice Higinbotham, Mr. Justice a'Beckett and the famous old librarian, John Shutt, father of a former Victorian judge.The contrast between the two courts is made more striking by the approach to the High Court. Its main entrance is in Little Bourke street, not, to say the best of it, a very famous thorough- fare. It can be reached, it is true, from Bourke-street by means of a lane, or by the back entrance of the Supreme Court. A lane to Lonsdale-street separates the two courts, and behind the High Court, in Lonsdale-street, is the fine building of the Victorian Crown Law Office. Long ago, this was occupied by a tinsmith's shop. The smith plied his clanging trade in a manner which would have drowned even the sound of pneumatic hammers at work in Queen-street, Brisbane. It did, in fact, stop the course of justice in the Criminal Court until Chief Justice Higginbotham sent the tinsmith to gaol for contempt of court. Then the Government bought him out.For the last two years the High Court has displayed its squat proportions, a mushroom beneath the great oaks and has been joked about as the "Low" Court. But, at the same time, it is a very serviceable building. The Judges' Chambers and Library are fine and spacious, the passages are wide, and the courts dignified and lofty. The walls, for some 10ft or 12ft up, are covered by wood panelling, above they are white, and so is the ceiling. Excellent lighting is provided from windows on two sides above the above the panelling. The Full Court sits in No. 1 court, to which the public are admitted by entrances in front and at the sides. The Bench occupies the whole of the far end of the court. It is raised about 5ft from the body of the court, and is of the same dark wood as the panelling. Behind the Bench is a screen of the same wood, the Royal Arms being carved upon it behind the seat of the presiding judge. Beneath the Bench is the seat of the officer of the court, and in front of it is the Bar table, much closer than in the Queensland courts in Brisbane. It is said that the close proximity of Bench and Bar is a disadvantage, since not only does argument tend to become a conversation, inaudible in the body of the court, but remarks intended to be heard are not heard while sometimes the whispers of the Bench are caught at the Bar table. It is said that one leading counsel left his place and stood hand to ear at the Bench to catch the murmurs of a judge, and that when one very tall leader, upon whom the honour of knighthood had been conferred, had shown signs of concluding a very protracted argument, those at the Bar table heard from somewhere in front, "The long and dreary night (knight) draws to a close."These things the frequenters of the place told me, but whether they be true or no I cannot tell. In the month of January the courts of Australia are closed. Judges and Bar are to be found by mountain stream and sea. Only something of the greatest importance could call them back until the end of the long vacation. Selborne Chambers, where dwelt the Bar, is silent behind closed doors and iron gates. These, however, yield to the man who knows his way about. But within, the chambers are desolate. The robing room of the Supreme Court is locked up but it, too, can be entered and found to be dark and silent. The library is open in honour of what is to take place in the court which lies across the lane at the back. It is unfrequented, however, except for the librarian, once a well-known cricketer, and an attendant.THE GREAT COAL CASE.On this morning of Tuesday, January 7, of this year, small knots of people are gathered in the lane and already the court is filling. Tipstaves are bringing in papers for the judges. Silks and stuff gownsmen take their seats and with them come solicitors ; more papers are brought in and soon briefs and law reports adorn Bench and Bar table. The back benches, jury box and Press table accommodate more than their ordinary occupants. Sir Robert Garran; Mr. Murray Stewart, the Registrar of the Arbitration Court ; Mr. W. T. Appleton, the shipping magnate ; the Federal Attorney-General (Mr. T. C. Brennan, K.C., take seats as on- lookers while Mr Brennan's brother, reporting for the Argus, prepares to take notes and points out to a stranger the members of the Bar in front. Mr. R. G. Menzies, K.C., young but busy, whose silk gown bears a "flash" of imposing size, Mr. Teece, K.C., Mr. Browne, K.C., and the youthful but forceful Dr. Evatt, K.C., all with rising juniors, await the entry of the judges, at the stern command for silence, and the proclamation, ending with the time honoured formula, "God Save the King!" All rise as the judges file in from be- hind the screen, and take their seats. Sir Isaac Isaacs presides, in the absence of the Chief Justice. On his right hand are Mr. Justice Rich and Mr. Justice Dixon; on his left Mr. Justice Duffy and Mr. Justice Starke. With the exception of Mr. Justice Rich, the Bench rose to fame in the adjacent Victorian Supreme Court. But to balance this, only one member of the array of counsel is of the Victorian Bar. The first gun of the great battle is fired when Mr. Menzies, K.C, under the eye of his brother, the Victorian Crown Solicitor, rises to appear with his learned friend for certain parties. Others, with learned friends, appear for other parties. The electric fans which cooled the court are stopped and the temperature rises. The coal case is fairly launched. What follows is of supreme interest to the constitutional lawyer, but "caviare to the general." Has there been, is there now, or will there be a dispute within the meaning of the section? The Bench alone can say. But the sun is over the foreyard before much has been said, and those who have no actual business before the Honour- able Court withdraw discreetly, and elsewhere take steps to bring down the rising glass.1934https://trove.nla.gov.au/newspaper/article/10916822TOO HOT FOR JUDGESHigh Court Adjourns EarlyThe High Court building in Melbourne a low flat looted single story structure in Little Bourke street between King and Queen streets is again in disgrace Atmospheric conditions became so oppressive yesterday morning, in the No 2 courtroom where the Full Court was hearing the Lawlor will case that the Court suspended its sittings for the day at 4 p m when Dr Brennan KC who had been address in the Court sat downJust before the time for adjournment the Chief Justice (Sir Frank Gavan Duffy ) said I have to announce that owing to the very hot weather members of the Court feel that it would be indiscreet to sit again today We shall adjourn until 10 30 a in tomorrow in the hope of better weatherA few weeks ago Judge Moule sitting in County Court jurisdiction In the No 3 High Court room found conditions so trying on a hot city that he adjourned to get some fresh air saying that he was in a vapour bath A King's counsel from Sydney once described the High Court building in Melbourne as a tireless cooker and High Court judges have often complained about the lack of ventilation After one sweltering day some years ago the Full Court transferred its quarters temporarily to the Third Civil Court - its original home - in the imposing Supreme Court buildingAn unofficial test made some years ago on a hot day disclosed that the temperature in the High Court building was 10 deg. higher than in the airy Supreme Court buildings adjoining itChief Justice Works in Shirt SleevesConditions in the Judges private chambers yesterday were almost as uncomfortable as in the courtroom The Chief Justice was studying legal authorities in his shirt sleeves when interviewed after the Court rose In former years he said he found the heat in the courtroom intolerableWe could not bear it and we had to borrow a court from the State authorities The Chief Justice of the day allowed us the use of a court We have not made any arrangements to that effect at present but if the weather continues to be as hot as it is today we shall either have to borrow a court from the State authorities again or sit in some other … in our own buildingsee also 1931 https://trove.nla.gov.au/newspaper/article/242875507The Herald (Melbourne, Vic. : 1861 - 1954)Monday 12 March 1934 - Page 11https://trove.nla.gov.au/newspaper/article/243323209FAULTS IN HIGH COURT BUILDING"Design and Plans Wrong"Refusing to take any blame or responsibility for faults in the High Court building, in Little Bourke Street, one of the builders (Mr J. W. Chalmers, of Thompson and Chalmers Pty. Ltd.). said today that construction work had been strictly carried out according to plans and specifications drawn up by the Federal Government. The job had been designed and supervised by the Commonwealth Government architect but had been paid for by the State Government. "There were a lot of anomalies in the plans of the building, which were absolutely obvious to any - ordinary man," said Mr Chalmers. "I wrote to the chief architect and told him I would not be responsible for them, and I also pointed out mistakes to a Mr Smith, who was then the State Government's public architect. "It was my job to construct the building according to the specifications submitted to me, and I will therefore take no blame for any faults that have been discovered in regard to its comfort "The whole design and plans for the construction of the building were wrong.Being a one-story structure, and having a comparatively low roof of two layers of concrete, it would naturally become hot, and remain so for the duration of any very hot weather." Mr Chalmers did not have the ventilation contract, but his tender price for the building alone was £36,580. The work was begun in 1926,"LAW UNTO THEMSELVES"`The King can do no wrong and we cannot interfere with Crown buildings however badly they may be ventilated or contravene the Health Act,’ said the chairman of the Health Board (Dr. Robertson) today. He was referring to the excessive heat in the High Court buildings which forced the Court to transfer a case elsewhere last week. "Both Commonwealth and State buildings are a law unto themselves," Dr. Robertson continued. "We do not inspect the plans when they are drawn up, and unless requested cannot intervene when they do not comply with health regulations."https://trove.nla.gov.au/newspaper/article/11003912HIGH COURT BUILDINGAdditions and ImprovementsPlans are being prepared for additions and improvements to the High Court building in Little Bourke street For some years because of the inadequate ventilation system the buildings have been criticised by Bench and Bar It is now proposed to spend approximately £15 000 in adding another storyWhen the building is altered It is also intended to improve if possible the ventilation system but there are several difficulties in the way of this in the new building additional Commonwealth legal departments will be housed notably the official receivers branch which at present is housed in the Lay Courts Building The present High Court building was erected at a cost of about £37 000
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| Original | 105865 | 1 PDF : 1,130 KB ; A4 | Group of Items (May not be issued, may not be reproduced) |