CONDOLENCES
12 February 2025 • Australian Federal Parliament
View on Parliament WebsiteMr ALBANESE (Grayndler—Prime Minister) (14:01): I move:
That the House record its deep regret at the death, on 28 November 2024, of the Honourable Thomas Eyre Forrest Hughes AO KC, a former Minister and Member of this House for the Division of Parkes from 1963 to 1969, and the Division of Berowra from 1969 to 1972, place on record its appreciation of his long and meritorious public service, and tender its profound sympathy to his family in their bereavement.
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 son of a decorated World War I flying ace, Tom served in the Second World War as a RAAF flying boat pilot both as a protector and as a hunter. Yet, when France bestowed on him the Legion of Honour, Tom characteristically downplayed his contribution to the war effort as, to quote him, 'rather minimal'. He loved French history—a passion for the past that was balanced by his exuberance for living in the present. He loved Sydney Harbour in all its light and beauty, just as he loved being on his property, Bannister Station, gathering firewood from his paddocks.
Tom was a complete master of the courtroom. As he took on and habitually won a production line of defamation cases, it became hard to imagine a head upon which a traditional wig looked more at home. Of course, he took on the power and responsibility of serving his country in parliament, first as the Liberal member for Parkes, guided to victory by an astute young campaign manager called John Howard, and then for Berowra. His crowning glory in politics was as Attorney-General under a fellow RAAF veteran, Prime Minister John Gorton. With the Vietnam War still raging, it was not a time free of turbulence. Charged with enforcing the National Service Act, Tom once greeted anticonscription protesters on his driveway with a strong visual hint in the form of a cricket bat in his hands. He was far ahead of the curve when he spoke publicly in favour of decriminalising homosexuality in 1970. He paved the way for improved trade practices legislation, as well as for expanded powers over the continental shelf and Australia's territorial waters—all groundwork subsequently taken up by the Whitlam government.
When political life drew to a close, the New South Wales Bar Association called Tom home once more. Amid it all, Tom developed something of a reputation for ferocity, a reputation that was both celebrated and feared, and crowned with the nickname Frosty.
Yet what always stood tallest was Tom's family and their enduring bonds of love. There's a photo in one of the obituaries of Tom with a young Lucy the morning after he was first elected to parliament in 1963. It captures a tender moment between father and daughter, one on which no mere election had the power to intrude. I welcome all of Tom's loved ones who have joined us here today. His beloved wife Christine Hughes; his daughter and son-in-law, Lucy and Malcolm Turnbull—who I was able to welcome into my office earlier today—and, in the gallery, his son Tom Hughes, as well as Greg Hughes, Henry Wright and Georgina Arthur. You are all very welcome guests here.
Even in Tom's absence, may his presence always loom large in your lives. As Tom himself once put it:
It's been a long life, but I've been very, very lucky.
Australia was certainly lucky to have him.
May he rest in peace.
Mr DUTTON (Dickson—Leader of the Opposition) (14:05): I thank the Prime Minister for his sincere and heartfelt words. I thank the parliament for facilitating what I think is a very important contribution to celebrate the life of a wonderful man. Military service, legal service and political service were in Tom Hughes's blood. Tom's grandfather was a solicitor and Lord Mayor of Sydney. Tom's father was a solicitor and a pilot decorated for his tours of duty in the First World War. Born into a greatly accomplished family, Tom Hughes undoubtedly felt the weight of great expectations, but, imbued with the same sense of service as his grandfather and father, it was inevitable that Tom would add to the Hughes family legacy and leave his mark on his nation, and he most certainly did.
Wartime pilot, barrister, parliamentarian and farmer—Tom Hughes's contributions extend from the cockpit to the courtroom and from the corridors of Canberra to the countryside. As historian and his biographer Ian Hancock wrote, 'Tom's first love was the law, but, like so many of the greatest generation, Tom put his life and love on hold to do his duty in war.' Piloting Sunderland flying boats, Tom and his crew supported the 1944 Normandy landings. They escorted allied convoys, uncovered enemy artillery placements and captured the German MV Rostock that was masquerading as a hospital ship. Whilst the unsuccessful hunt for U-boats left Tom somewhat disappointed, he was later decorated with the French Legion of Honour in recognition of his courage and deeds.
Returning to Sydney, Tom finished his studies and was admitted to the bar in 1949. During the next 14 years, and in a thriving postwar economy, Tom had plenty of work. He built a reputation as a formidable and principled barrister who accepted briefs in a cab-off-the-rank manner, and he took silk in 1962. Tom's foray into the political realm started humbly, in handing out 'how to vote' cards. By 1963, the New South Wales Liberals resoundingly chose Tom to contest the seat of Parkes. With the help of a young campaign manager, as the Prime Minister pointed out, named John Howard, Tom Hughes achieved a two-party preferred swing of almost six per cent to win the seat. Serving as a backbencher during the apex of the Menzian era and tragically brief Holt prime ministership, Tom's talents were underutilised. But, in contesting the new seat of Berowra and with the backing of a new prime minister and fellow wartime pilot in John Gorton, Tom won a seat on the frontbench.
The skilled barrister was appointed as the first law officer of Australia. In persona and performance in that role, Tom was pragmatic and non-partisan. His legal opinions were a hallmark of brevity, clarity and readability. As Attorney-General, Tom had notable successes. He prepared the Seas and Submerged Lands Act that clarified the Commonwealth's power over Australia's continental shelf and territorial sea. That power was upheld in a later High Court decision, a decision which has supported offshore oil and gas ventures in our nation's interests. Tom also argued and won the landmark concrete pipes case. That High Court decision helped safeguard free enterprise and bolster fair competition.
As Attorney-General, Tom was also contending with controversy. Responsible for administering the National Service Act and prosecuting those who resisted the draft for Vietnam, he came up against a tide of anticonscription and antiwar sentiment. As the Prime Minister pointed out, in 1970, some 40 protesters turned up on the doorstep of the Hughes' family home. Tom's then five year-old son, Michael, was exhilarated by the experience, especially when his father confronted them with a cricket bat.
An unfailingly loyal Gortonite, Tom admired his leader and his great friend for being an agent of change and a very decent man. But by 1971, the anti-Gortonites were working to bring down Australia's 19th Prime Minister. In this case, Malcolm Fraser proved to be the agent of change. At Gorton's memorial service, 31-years later, Hughes delivered a eulogy remembered not only for its regard for Gorton but also for its reprimand of Fraser.
Demoted to the backbench by new Prime Minister, Billy McMahon, Tom called time in Canberra in 1972. He returned to his first love. In an age of increasing legal specialists, Tom remained a generalist. He moved seamlessly between constitutional, commercial and criminal law. With an insatiable appetite for working to win and a theatrical quality to his courtroom appearances, Tom's celebrity soared with his success. He finished his career as the capstone of the barrister pyramid. He was the venerable lion of the Sydney bar.
Last year, I had the great honour to deliver the Tom Hughes Oration at the Sydney Opera House. It was the last that Tom would attend, but it won't be the last that honours Tom. Despite his frailty, Tom hadn't lost his formidable mind. We spoke about his property near Goulburn, Bannister Station, near Goulburn. Tom the grazier almost enjoyed winning a stock auction as much as a case in court. We discussed our mutual love of farming and we discussed our love of family as well. Ian Hancock's masterful biography of Tom Hughes finishes by quoting a letter Tom received from a fellow silk, Tom Bathurst, who had been appointed as Chief Justice of New South Wales. Bathurst wrote to Tom:
Like many of my contemporaries I sought to model myself on you not only in relation to your outstanding forensic and legal abilities but also the dignity, honesty and integrity you brought to any matter in which you appeared.
Those words speak volumes about Tom Hughes.
On behalf of the coalition, I offer our heartfelt condolences to Tom's wife, Chrissie, to Tom's children, Tom, Michael and Lucy—and, of course, to Malcolm, as Tom's son-in-law—and to the wider Hughes family. I say, on behalf of the Liberal family, to the Hughes family, that we have nothing but respect for a great man, for a giant of our party, and for somebody who contributed so significantly to this great country. May a great Australian, from our greatest generation, rest in peace.
Mr LEESER (Berowra) (14:12): on indulgence—I'm honoured to follow the beautiful words of the Prime Minister and the Leader of the Opposition in their fine tributes to Tom Hughes. For most of us, our time as members of parliament will be the most significant contribution we make to Australian public life. For others, like Jim Molan or Patrick Dodson, service in the parliament is a grace note to a contribution that's been substantially made elsewhere. Tom Hughes belongs to a third category, where distinguished service in the parliament is part of a rich tapestry of a broader series of contributions in a life well lived.
Tom Hughes was a war hero, a barrister, a farmer and a parliamentarian. During World War II, he served in the RAAF and was part of the invasion of Normandy. For his part in the skies, Tom received the French Legion of Honour. Tom Hughes came from a family where public service is a watchword. He was first elected in 1963 as the member for Parkes. When Parkes became abolished, Tom became the first member for Berowra. I often reflect on the truth of Tom's description of the communities of Berowra as being separate Italian city-states, each with its own identity, personality and traditions. No-one should confuse Mount Colah for Mount Kuring-gai, Glenhaven from Glenorie.
In my first election campaign, in 2016, there were still a handful of people who had worked on Tom's election campaign in 1969 and remembered it fondly. Although Tom didn't live in the Berowra electorate, the most substantial contribution he made as a parliamentarian was during his years as its representative. It was during that time that he served as Attorney-General in the government of his friend, John Gorton.
As the Leader of the Opposition said, he sought to use that time to expand the use of Commonwealth power in the corporations and seabed areas and had a clear understanding of the need to keep Australians safe. The Prime Minister and the Leader of the Opposition have both retold the most famous image of his time as Attorney-General where he wielded a cricket bat to ward off protesters who had come to invade his family home. The leading protester that day, described by biographer, Ian Hancock, as a 'credentialled and career demonstrator' was later the future New South Wales Labor minister, Ian McDonald. When John Gorton lost the prime ministership, Tom also left the parliament but he remained loyal to Gorton to the end. Not since Pericles has there been a more famous or cutting funeral oration than the one Tom delivered at John Gorton's funeral.
After politics Tom returned to the bar. He was admitted to the Bar in his 20s and left the bar at age 90. At his peak, every big case required Tom Hughes. As I have told the House before, at one time he was defending Gough Whitlam in a case in a New South Wales court whilst simultaneously seeking an order against Mr Whitlam in an ACT court. They were totally unrelated matters, but such was his reputation that everyone was happy with such an arrangement.
Tom Hughes was a wonderful mentor and friend to me. With considerable chutzpah, I reached out to Tom when I was standing for preselection, hoping to meet with him and perhaps secure an endorsement. Tom was onto my intentions. He said he would be very happy to meet with me if I was the successful candidate, which he duly did, and there formed a beautiful friendship. On my first trip to Canberra as the new member for Berowra, I drove to Bannister, about half an hour out of Goulburn, to see Tom and Chrissie to talk about politics and my new responsibilities. Tom gave me excellent advice on my maiden speech, great advice to any parliamentarian—stick to only one or two topics. He did me the great honour of attending the speech.
He took an interest in the politics of the day, particularly the progress of his son-in-law's government, and was full of stories of his own service here. Tom mentored me in my service in Berowra. He wanted to know how the community was going. He asked about people and their issues. He asked about how I found dealing with local party affairs—something with which he had struggled—and he wanted to know what I was up to in Canberra.
In 2017, he allowed me to name an annual address—the Tom Hughes Oration—in his honour. That oration has been delivered, among others, by three former prime ministers and the Leader of the Opposition. In addition to the significant address given by each of the speakers, the highlight of each oration was Tom's vote of thanks. Even last April, at the Sydney Opera House, at age 100, Tom drew energy speaking to the assembled crowd, who hung on his every word.
The eighth Tom Hughes Oration will be delivered next week by the shadow Treasurer, who has been Tom's local member for many years. Throughout my service here I have been very grateful for Tom's encouragement. He would occasionally send me notes of good wishes and was particularly proud when I was the shadow attorney. I will be forever grateful for his friendship.
To Chrissie, Malcolm, Lucy, Tom Jr, Michael and the whole Hughes family, may Tom's memory be a blessing.
The SPEAKER (14:17): As a mark of respect to the honourable Tom Eyre Forrest Hughes, I ask all present to rise in their places.
Honourable members having stood in their places—
The SPEAKER: I thank the House.
Debate adjourned.