Уильям Гаммов: Австралиялық заң ғалымы мен судьясы

Justice of the High Court of Australia (born 1942)

William Montague Charles Gummow (born 9 October 1942) is a former Justice of the High Court of Australia, the highest court in the Australian court hierarchy. He was appointed to the Court of Final Appeal of Hong Kong on 8 April 2013 as a non permanent judge from other common law jurisdictions.

Justice Gummow completed his secondary education at Sydney Grammar School. He went on to study at the University of Sydney, where he graduated as Bachelor of Arts, and later Master of Laws, both with first class honours. One of his lecturers was Sir Anthony Mason.

Gummow first practiced as a solicitor with law firm Allen Allen and Hemsley. He was admitted as a solicitor in 1966 and became a partner of the firm in 1969. He had a diverse practice, including banking law, trusts and revenue law, intellectual property litigation, commercial transactions and some constitutional law. On 8 April 2013, he was appointed to the Court of Final Appeal of Hong Kong as a non permanent judge from other common law jurisdictions. Following his retirement from the High Court of Australia, Gummow was appointed a Professor of the Sydney Law School, where he gives guest lectures, and a professor at the Australian National University (ANU) College of Law, where he teaches in the constitutional, equity, conflict of laws and refugee law programs.

Gummow's judgments are notable for their careful attention to statutory language and context, and are marked by a thorough and scholarly examination of doctrinal history. Gummow is particularly known for his contribution to intellectual property law and equity. Any attempt to select notable judgments of Justice Gummow is made difficult because he is so often a participant in joint judgments, whose authorship cannot be attributed. However, some of his more notable individual opinions include: Breen v Williams, Kable v Director of Public Prosecutions for New South Wales, The Wik Peoples v The State of Queensland, Hill trading as R F Hill & Associates v Van Erp, Pyrenees Shire Council v Day, Scott v Davis, Roxborough v Rothmans of Pall Mall, and Al Kateb v Godwin. Gummow is also the author of, or participant in, numerous leading judgments in intellectual property law. See, for example: Werner & Co v Bailey Aluminium Products (1989), Advanced Building Systems v Ramset Fasteners (1998), Prestige Group v Dart Industries (1990), ConAgra v McCain Foods (1992). Statistics in recent years have consistently shown Justice Gummow to be most likely to participate or be joined in a majority opinion. He only dissented once in 2006, out of 55 judgments. Justice Gummow also often joins with Justice Hayne; in 2006 this number was 40 (75.47%) joint judgments. Similarly, in the same year Justices Gummow and Hayne joined each other in judgment in all 11 constitutional cases.

Gummow has written extensively and has published numerous essays and articles. He is the author of books including Change and Continuity: Statute, Equity, and Federalism, which is based upon the lectures he delivered at Oxford University in 1999 as part of the Clarendon law lectures series. These lectures take up themes of continuity and change in the law, particularly as they appear in the great common law jurisdictions. He is a co author of Jacobs' Law of Trusts in Australia, and Equity: Doctrines and Remedies, the pre eminent text on equity in Australia. Gummow also wrote, with Dyson Heydon and Robert Austin, several editions of Cases and Materials on Equity and Trusts (4th ed, 1993).

Gummow is unmarried and protective of his personal life. In 2018, Gummow suffered a blood clot in a leg following a long haul flight and had to have part of his leg amputated in Sydney.

Gummow was appointed a Companion of the Order of Australia (AC), Australia's highest civil honour, in 1997, and awarded the Centenary Medal in 2001. The University of Sydney honoured Gummow's scholarly contributions to the law by conferring him with an honorary doctorate in law (LLD).