Judge who abolished notion of terra nullius was a dedicated advocate for human rights

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Sir Gerard Brennan, the judge who wrote the lead judgement in the case of Mabo vs Queensland, died on Wednesday, aged 94.

Sir Gerard Brennan, as a judge of the High Court of Australia in 1992, wrote the lead judgment in the case of Mabo v Queensland, which abolished the notion of terra nullius and laid down forever the notion of prior Aboriginal occupation of Australian land. But for Brennan, it was hardly a spur-of-the-moment decision.

Brennan married a medical graduate, Patricia O’Hara, in1953. Their first child, Frank, was born the following year, followed in rapid succession by Madeline, Anne, Thomas, Margaret, Paul, and their youngest child, Bernadette, born in 1962. In later years, when the family went to the beach, he would count the children and if he got to only six, would say: “Oh God, Trish, which one is missing?” None ever went missing. The demands of fatherhood hardly delayed his professional progress.

Sir Gerard Brennan with his son Frank - the Jesuit priest, professor of human rights and Indigenous rights campaigner - after Frank received an honorary doctorate of law from UNSW in 2005.After being appointed a Companion of the Order of Australia in 1988, Brennan reached what might be seen as his judicial zenith, in terms of impact, when he ruled on the Mabo case in 1992.

 

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