John Toohey (judge)
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The Honourable John Toohey AC, QC |
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|---|---|
| Justice of the High Court of Australia | |
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In office 6 February 1987 – 2 February 1998 |
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| Nominated by | Bob Hawke |
| Preceded by | Lionel Murphy |
| Succeeded by | Ian Callinan |
| Personal details | |
| Born |
4 March 1930 Western Australia |
| Died | 9 April 2015 (aged 85) Western Australia |
| Nationality | Australian |
| Spouse(s) | Loma Buckenara (m. 1953) |
John Leslie Toohey, AC, QC (4 March 1930 – 9 April 2015) was an Australian judge who was a Justice of the High Court of Australia from 1987 to 1998.
Toohey was born in rural Western Australia on 4 March 1930, to Albert and Sylvia Toohey. He was the eldest child, with two younger sisters and a younger brother. He completed his secondary education at St. Louis School (now John XXIII College), a Catholic school in Perth. He studied law and arts at the University of Western Australia. He graduated with first class honours in law in 1950, receiving the FE Parsons Prize (for the most outstanding graduate) and the HCF Keall Prize (for the best fourth year student). He completed his arts degree with first-class honours in 1956.
After completing his law degree, Toohey commenced his articles of clerkship at the Perth law firm Lavan & Walsh, and was admitted as a legal practitioner in 1952.
Toohey soon rose to prominence in the Western Australian legal profession, developing expertise in taxation and property law. At the age of 31, he appeared before the High Court in Federal Commissioner of Taxation v Finn, which concerned the deductibility of travelling expenses.
He was a Senior Lecturer in Law at the University of Western Australia from 1957 to 1958, as well as a Visiting Lecturer from 1953 to 1965. He was well known for his lectures in property law.
In December 1966, Toohey commenced practising at the independent bar, becoming the 10th member of the Western Australian Bar Association. In 1968, he was appointed Queen's Counsel. By the early 1970s, he had a busy practice built around criminal law, contract law and property law. In 1972, he appeared in the High Court in Adamson v Hayes, an important case concerning the construction of section 34 of the Property Law Act 1969 (WA). He served as president of the Western Australian Bar Association from 1969 to 1972, and was president of the Law Society of Western Australia from 1972 to 1973.
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