Samuel Griffith - Chief Justice

Chief Justice

On 13 March 1893, the Governor accepted Griffith's resignation from Vice-President and Member of the Executive Council and Chief Secretary and Attorney General and appointed Griffith to Chief Justice of the Supreme Court of Queensland where he served until 4 October 1903. He was therefore not a delegate to the 1897 conventions which produced the final draft of the Constitution, but he acted as a behind-the-scenes advisor to Sir Robert Garran, secretary of the Drafting Committee, which followed the structure he had laid out in 1891. In 1899 he campaigned publicly for a 'yes' vote in the federation referendum in Queensland.

During his term as Chief Justice Griffith drafted Queensland's Criminal Code, the first successful codification anywhere of the entire English criminal law, which was adopted in 1899, and later in Western Australia, Papua New Guinea, substantially in Tasmania, and other imperial territories including Nigeria. At May 2006 the Queensland Criminal Code remains largely unchanged.

When the federal Parliament passed the Judiciary Act in 1903, which created the High Court of Australia, Griffith was the natural choice as the first Chief Justice. During his sixteen years on the bench Griffith sat on some 950 reported cases. In 1913 he visited England and sat on the Privy Council. Like Sir Edmund Barton, Griffith was several times consulted by Governor-Generals of Australia on the exercise of the reserve powers.

Griffith was one of two justices of the High Court of Australia to have previously served in the Parliament of Queensland, along with Charles Powers. He was also one of three justices to have previously served on the Supreme Court of Queensland, along with William Webb and Harry Gibbs.