Guide to the Papers of Geoffrey Sawer

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MS 2688

National Library of Australia View Catalogue Record

Collection Summary

Creator
Sawer, Geoffrey, 1910-1996
Title
Papers of Geoffrey Sawer
Date Range
1937-1995
Collection Number
MS 2688
Extent
1.96 metres (14 boxes + 1 folio box)
Language of Materials
English
Repository
National Library of Australia

Introduction

Scope and Contents

Whilst Sawer considered his papers to be of 'marginal importance', the collection, which dates back to the late 1930s, contains some interesting original material, including diaries, draft legal opinions, autobiographical writings, and correspondence with prominent individuals. Sir John Latham, Sir Owen Dixon, Sir John Barry and Lord Denning, and other politicians and judges number amongst Sawer's many noted correspondents on constitutional matters. Also included are cuttings documenting his long running 'Between the lines' newspaper column, and radio transcripts from his involvement with the Short Wave Propaganda Division of Radio Australia during World War II.

In addition, the collection brings together a large number of articles, reprints, publications and other secondary source materials relating to aspects of constitutional law, including files on the 1975 dismissal of the Whitlam Government and the powers of the Governor-General. Regrettably there is little coverage of some aspects of Sawer's career, such as the Bank Nationalisation Case, with which he was associated in 1947-1949, or his role as a special magistrate in the Australian Capital Territory and president of the Academy of Social Sciences in Australia.

Conditions Governing Access

o Access conditions may apply to this collection, please refer to the collection's catalogue record for further information (http://nla.gov.au/nla.cat-vn1082274).

Conditions Governing Use

Copying and publishing of unpublished manuscript material is subject to copyright restrictions. For such material, written permission to publish must be obtained from the copyright holder(s). Copying of unpublished material for research purposes is permissible 50 years after the death of the creator of the material.

Preferred Citation

Items from this collection should be cited as '[Title or description of manuscript item], Papers of Geoffrey Sawer, National Library of Australia, MS 2688, [series and file number]'.

Provenance

The papers were donated to the Library by Sawer and his wife Nancy in four instalments in 1971, 1995, 1996 and 1998.

As well as correspondence forming part of this collection, other letters by Sawer are filed in the papers of Rae Else-Mitchell (MS 3673). Ten portrait photographs of Sawer taken in the period 1940-1990 are held in the Pictorial Collection at PIC P1432/1-10 LOC Compactus. Three interviews recorded with Sawer in 1971, 1982 and 1995 are located in the Oral History Collection at ORAL TRC 121/32, 996 and 3313 respectively.

Other papers associated with Sawer's professional career are held in the archives of Department of Information (1942-1945) at the National Archives of Australia, the University of Melbourne Faculty of Law (1945-1950) and the Australian National University (1950-1984).

Arrangement

The papers were transferred to the Library according to the subject groupings in which they had been kept by Sawer. This order has been preserved in the arrangement of series, except for Series 16 (Other collected legal papers and articles) where a number of miscellaneous subject files have been brought together into the one sequence.

Biographical Note

DateEvent
1910Born Maymyo, Burma, 21 December
1913Settled in Australia
1920-1928Scotch College, Melbourne
1929-1933L.L.B. (First Class Honours), Melbourne University
1934Admitted as a solicitor
1934-1940Resident Tutor, Ormond College, University of Melbourne
1937Admitted to Victorian Bar
1940Married Beatrice (Mamie) Pitcher; appointed Senior Lecturer in Law, University of Melbourne
1941-1945War service as deputy and head of the Short Wave Propaganda Division of Radio Australia
1947First published Australian government today (14th edition 1977)
1948First published Australian constitutional cases (2nd edition 1957)
1950-1974Foundation Professor of Law, Research School of Social Sciences
1951-1956Dean, Research School of Social Sciences
1956Published Australian federal politics and law, 1901-1929
1957-1996Special Magistrate, Australian Capital Territory
1964Published Law in Society
1968Published Australian federalism in the courts
1969Death of Mamie Sawer
1971Married Nancy Bolton
1972-1975President, Academy of Social Sciences in Australia
1975Pro Vice-Chancellor, Australian National University
1982-1984Chairman, Australian Press Council
1985Awarded Officer of the Order of Australia
1996Died, Guerilla Bay, New South Wales, 8 August
DateEvent
1910Born Maymyo, Burma, 21 December
1913Settled in Australia
1920-1928Scotch College, Melbourne
1929-1933L.L.B. (First Class Honours), Melbourne University
1934Admitted as a solicitor
1934-1940Resident Tutor, Ormond College, University of Melbourne
1937Admitted to Victorian Bar
1940Married Beatrice (Mamie) Pitcher; appointed Senior Lecturer in Law, University of Melbourne
1941-1945War service as deputy and head of the Short Wave Propaganda Division of Radio Australia
1947First published Australian government today (14th edition 1977)
1948First published Australian constitutional cases (2nd edition 1957)
1950-1974Foundation Professor of Law, Research School of Social Sciences
1951-1956Dean, Research School of Social Sciences
1956Published Australian federal politics and law, 1901-1929
1957-1996Special Magistrate, Australian Capital Territory
1964Published Law in Society
1968Published Australian federalism in the courts
1969Death of Mamie Sawer
1971Married Nancy Bolton
1972-1975President, Academy of Social Sciences in Australia
1975Pro Vice-Chancellor, Australian National University
1982-1984Chairman, Australian Press Council
1985Awarded Officer of the Order of Australia
1996Died, Guerilla Bay, New South Wales, 8 August

Item Descriptions

Series 1. Diaries, 1953-1993

This series is chiefly composed of two sets of diaries, which were maintained by Sawer during the middle years of his career and after retirement. The first group of documents are from the 1950s and 1960s when Sawer was Professor of Law at the Australian National University. The large page openings contain detailed descriptions of events in both his professional and family life. The second sequence consists of ten pocket appointment diaries, dated 1984-1993, which Sawer used to record brief notes, appointments, name and address information and other details such as reading lists. Filed with the diaries is a notebook kept by Sawer during his round the world trip from 19 August to 13 September 1956.

Diary, 1953, 1959 (File 1)

Diary, 1955 (File 2)

Diary, 1956 (File 3)

Diary, 1957 (File 4)

Diary, 1958 (File 5)

Diary, 1961, 1962 (File 6)

Diary, 1967 (?), 1968 (File 7)

Diary, 1969 (File 8)

Appointment diaries, 1984-1993 (File 9)

World trip notebook, 1956 (File 10)

Series 2. Correspondence, 1951-1991

An interesting sequence of letters written by and to Sawer over the course of his professional career. High Court and other high-ranking judges predominate as correspondents, such as Sir John Norris, Sir John Latham, Sir Garfield Barwick, Sir Anthony Mason, Sir Owen Dixon, Sir John Barry, Rae Else-Mitchell, Percy Joske, Martin Kriewaldt and Trevor Rapke. There are also two letters exchanged with Lord Denning, Royal Master of the Rolls in England which refer to cases in British law. Many of the letters contain detailed discussions of points of law and reasonings for judicial decisions.

In addition to the judicial correspondence, Folder 4 contains two letters concerning the dismissal of the Whitlam Government, whilst Folder 5 contains a letter and member list of the International Academy of Comparative Law, of which Sawer was an Emeritus Member, and papers relating to Sawer's Honorary Membership of the Australian Institute of Administrative Law.

A small amount of additional correspondence is interfiled in Sawer's diaries in Series 1, and amongst press cuttings and printed papers foldered in Series 7 and Series 16.

Correspondence, 1951-1991, including obituary for Sir John Norris, transcript of judgment in defamation case between Prime Minister John Gorton and the Australian Broadcasting Commission and Max Walsh, speeches by Justice Michael Kirby on Sir Edward McTiernan and H.V. Evatt (File 1)

Correspondence, 1951-1991 (File 2_3)

Correspondence, 1975-1991, including letters from D.A. Low and James Mallory relating to the dismissal of the Whitlam Government (File 4)

Correspondence relating to the International Academy of Comparative Law and Australian Institute of Administrative Law, together with letters from Sir John Norris and Robert Todd, 1989-1991 (File 5)

Series 3. Barrister's fee book, 1937-1940

Sawer was admitted to practice at the Victorian Bar in 1937. He used this fee book to record details of the solicitors, defendants and costs applying to each case. The book opens on the 29 September 1937, and the entries which list briefs completed, opinions given and affidavits issued continue to 10 July 1940.

In later years Sawer used a blank section of the volume to maintain an extensive list of titles in the Penguin series of paperback books. The last page also contains broadcast notes associated with Sawer's war service with Radio Australia (Series 4).

Fee book, 1937-1940 (File 1)

Series 4. Radio Australia broadcasts, 1943-1945

In late 1941 Sawer was recruited to join the Short Wave Propaganda Division of Radio Australia, as chief commentary writer and deputy to his friend W. McMahon Ball, whom he succeeded as head in 1944. The Division had been established after the Japanese attack on Pearl Harbor in 1941, as a listening post to monitor and transmit war propaganda in the Japanese and Siamese, and later, French languages. For the duration of the war Sawer continued to teach constitutional and administrative law at Melbourne University in the mornings, and worked longer shifts at Radio Australia offices in Capel Court, Collins Street, Melbourne in the afternoon, and on evenings during emergencies.

This series consists of a comprehensive set of transcripts of incoming messages to Australia from Japanese and other enemy radio posts from 13 July 1943-27 February 1945. Also filed with the transcripts is a draft joint statement on the role of short wave radio for the Ministers of Information and External Affairs (c. 1944), and a report by R.I. Horne on the possibilities of developing Australian short-wave broadcasting to the United States (1945).

A single page of notes transcribing broadcasts made in 1940 is contained in Series 3.

Transcripts of radio broadcasts from Japan (July 1943-September 1944), together with two reports on short-wave radio in Australia (File 1)

Transcripts of radio broadcasts from Japan (October 1944-February 1945) (File 2)

Series 5. Counsel to the Government of Nigeria, 1961-1962

In May 1962 Sawer travelled to Nigeria where he was employed as a private counsel to the Nigerian Government on the dual constitutional questions of the establishment of a fourth province in the west of the country (later Benin), and the foundation of a state bank. Included in this series are draft and typescript opinions prepared by Sawer, as well as correspondence, notes, judgments, legislation and other papers relating to the two cases.

Papers and correspondence, 1961-1962 (File 1_2)

Series 6. Extracts from Commonwealth law reports, c. 1961-1964

In the early 1960s, Sawer's staff at the Australian National University typed a series of extracts of High Court rulings from the Commonwealth law reports. Some copies of the typescripts were added to the Law Department's subject files, whilst others were stapled together to form bound compilations. This series consists of Sawer's bound set of the rulings, which contain extracts of cases presented before the Court between 1901 and 1964.

Extracts from Commonwealth law reports, 1901-1964 (File 1_8)

Series 7. 'Between the lines' newspaper column, 1967-1992

In 1967 Sawer began contributing a weekly column to The Canberra Times under the title 'Between the lines'. The series built up a regular following amongst local residents, in which topics ranged from aspects of High Court proceedings, through local and national politics, to the latest produce in Sawer's vegetable garden. Filed here is a comprehensive sequence of cuttings of his articles, which he continued submitting to the paper until 1992.

Cuttings, 1974-1977 (File 1)

Cuttings, 1975-1977 (File 2)

Cuttings, 1970-1991 (File 3)

Cuttings, 1970-1992 (File 4)

Cuttings, 1967-1972 (File 5)

Cuttings, 1967-1983 (File 6)

Cuttings, 1969-1972 (File 7)

Cuttings, 1971-1983 (File 8)

Cuttings, 1967-1973 (File 9)

Cuttings, 1968-1984 (File 10)

Cuttings, 1967-1991 (File 11)

Series 8. Submission to the ACT Advisory Council Committee on Self-Government for the ACT, c. 1969

In about 1969, Sawer prepared a submission outlining his position on the desirability of self-government for the Australian Capital Territory, its possible form and potential impediments to implementation. The paper was tendered to the ACT Advisory Council Committee on Self-Government for the ACT, which had been established to advise the Federal Government on matters of self-administration for the territory. The draft paper filed in this series includes Sawer's advice on legal aspects of the self-government question.

Draft submission, c. 1969 (File 1)

Series 9. Counsel on the Queensland Appeals and Special Reference Act, 1973

In 1974 Sawer provided counsel to the Federal Attorney-General's Department on the validity of the Queensland Appeals and Special Reference Act, 1973. The matter, which had been filed with the Supreme Court of Queensland in on 3 July 1974, questioned the Act's power to preserve judicial appeals to the Privy Council in state affairs. Included in this series are draft notes, copies of relevant cases and legislation, and Sawer's typed brief to the Department.

Papers relating to counsel given by Geoffrey Sawer, c. 1973-1974 (File 1)

Series 10. Brief to counsel regarding the Nomads Group of Aborigines, 1975-1983

In 1978 Sawer was engaged by the Perth legal firm Keall, Brinsden and Co. to provide advice to their client, the Nomads Group of Aborigines. The Group's claim related to the 1905 repeal of Section 70 of the Western Australian Constitution Act 1889, which had provided for the one percent reparation of the gross revenue of Western Australia to the Aborigines Protection Board. Filed here is a small amount of correspondence, typed briefs and opinions and other supporting documents, applying to Sawer's role in the case.

Correspondence and papers, 1975-1983 (File 1)

Series 11. Constitutional crisis, 1975

Three folders of letters, papers and newspaper reports collected by Sawer which relate to the dismissal of the Whitlam Government in November 1975. The materials contain discussions of the so-called 'loans affair', copies of relevant Attorney-General's Department opinions and a typescript on the constitutional crisis prepared by Sawer.

Correspondents include A.R.G. Prowse, First Assistant Secretary of the Treasury Department and Colin Howard, Hearn Professor of Law at the University of Melbourne.

Correspondence and papers, 1972-1987 (File 1_3)

Series 12. Office of Governor-General, 1975-1991

A series containing correspondence, clippings and other papers collected by Sawer on the topic of the constitutional and legal role of the Governor-General, some of which relate to the 1975 actions of Sir John Kerr. Of particular note are a lengthy letter from Sir Zelman Cowen concerning misreporting of statements he had allegedly made on the subject in Scotland, and a copy of the Letters Patent Relating to the Office of Governor-General signed by Queen Elizabeth II.

Papers and correspondence, 1975-1991 (File 1_2)

Series 13. Notes on the Privy Council Appeals Abolition Bill, 1979

Papers gathered by Sawer concerning the 1979 proposed abolition of appeals to the Privy Council from courts of New South Wales. The material includes Sawer's handwritten notes, together with other items relating to Section 51 (38) of the Constitution, such as offshore rights.

Comprises 1 file.

Series 14. Advice on the Constitution of the Independent State of New Guinea, 1981

In 1980 an Australian, Tos Barnett, was commissioned to report to the General Constitutional Commission of Papua New Guinea on problems associated with the independence of institutions established under its national constitution. In December of that year he wrote to Sawer to propose a meeting to discuss relevant issues. Filed in this short series are Barnett's typed notes and photocopy of the Constitution of the Independent State of New Guinea.

Comprises 1 file.

Series 15. Australian Press Council, 1984-1994

Sawer was appointed Chairman of the Australian Press Council, a body established to uphold the standards and freedom of the Australian press, on 1 July 1982. He was active in all areas of the Council's work, including preparation of submissions on media legislation, before ill health forced him to resign just over halfway through his three year term in April 1984. This series chiefly consists of printed Council papers forwarded to Sawer after his retirement, such as annual reports, seminar proceedings, newsletters and adjudications on complaints.

Annual reports and seminar proceedings, 1984-1994 (File 1)

Newsletters and adjudications, 1988-1989 (File 2)

Series 16. Other collected legal papers and articles, 1976-1991

In addition to secondary source materials contained elsewhere in his papers, Sawer kept a number of separate files of printed matter on topics of special interest to him. Amongst the papers brought together in this series are items relating to civil powers, law reform and copyright, and newsletters of the Voluntary Euthanasia Society of New South Wales, of which Sawer was a member in the period 1984-1987.

Civil powers, 1976-1982 (File 1)

Constitutional law, 1981-1989 (File 2)

Law reform, 1981-1991 (File 3_4)

Voluntary Euthanasia Society of New South Wales newsletters, 1984-1997 (File 5)

Copyright, 1987-1991 (File 6_7)

Committee of Privileges, Committee documents (18th report), v. 2-3, June 1989 (File 8)

Australasian Law Teachers' Association conference papers, 1990 (File 9_10)

Miscellaneous printed papers and corrrespondence, 1970-1989 (File 11_13)

Miscellaneous printed papers and correspondence, 1987-1990, including ACT self-government and constitutional matters (File 14)

Series 17. Satirical poem 'The Statue Speaks', 1951

Typescript satirical poem written by Sawer in 1951. His verse is based on 'The Statue of Liberty Speaks' by Emma Lazarus (1901), which is inscribed on the statue's pedestal on Bedloe Island, New York.

Typescript poem 'The Statue Speaks' (File 1)

Series 18. Unpublished autobiographical writings, 1971-1995

In 1971, Sawer prepared a 23 page typescript biography outlining the main aspects of his life. In retirement in 1987 he embarked on an expanded manuscript, written principally for distribution to members of his family. The 56 chapters were prepared one at a time under the title 'A partly reliable memoir', and read at the monthly meetings of a local creative writers group. Continuing ill health prevented planned revision of the manuscript, which Sawer was unable to work on after 1995.

Outline autobiography (File 1)

'A partly reliable memoir' (File 2_4)

Series 19. Oral history interviews, 1971-1972, 1990

Between November 1971 and May 1972 Sawer was interviewed by the journalist Mel Pratt on aspects of his life and career for the National Library of Australia. Filed in this series are copies of the transcript of the original recording, in which Sawer reflects on aspects of law in Australia, and on a number of influential figures such as Prime Minister Ben Chifley and H.V. Evatt. Also filed in this series are four cassette recordings of a 1990 interview with Sawer made by Daniel Connell.

Transcript of interview with Mel Pratt (File 1_4)

Cassette recordings of interview with Daniel Connell (4 cassette tapes) (File 5)

Interview with Prof Geoffrey Sawer by Daniel Connell [cassette tape], 14 May 1990 (Item 1) - Piece NLA.MS-SAV000006
1 item
Interview with Prof Geoffrey Sawer by Daniel Connell [cassette tape], 14 May 1990 (Item 2) - Piece NLA.MS-SAV000007
1 item
Interview with Prof Geoffrey Sawer by Daniel Connell [cassette tape], 4 June 1990 (Item 3) - Piece NLA.MS-SAV000008
1 item
Interview with Prof Geoffrey Sawer by Daniel Connell [cassette tape], 4 June 1990 (Item 4) - Piece NLA.MS-SAV000009
1 item

Series 20. Offprints of papers by Geoffrey Sawer, 1947-1977

A collection of offprints of articles by Sawer, as originally published in Australian and overseas journals during the period 1947-1977.

Offprints, 1950-1976 (File 1_2)

Offprints, 1947-1977 (File 3_4)

Series 21. Printed legislation, 1966-1991

A partial collection of Sawer's personal copies of various Australian Acts, a small number of which bear his annotations. The legislation has been placed in the folders according to Sawer's own groupings.

Miscellaneous Acts, 1981-1991, together with two papers on aspects of the constitution (File 1_2)

Miscellaneous Acts, 1966-1987 (File 3_4)

Acts (A-B), 1976-1989 and printed papers (File 5_6)

Acts (C), 1969-1986 (File 7_8)

Container List

Series File/Item Box
1 1-5 1
1 6-10 2
2 1-5 3
3 1 3
4 1-2 4
5 1-2 4
6 1-2 4
6 3-8 5
7 1 6
7 2-4 Folio
7 5-10 6
7 11 Folio
8 1 7
9 1 7
10 1 7
11 1-3 7
12 1 7
12 2 8
13 1 8
14 1 8
15 1-2 8
16 1-7 9
16 8-13 10
16 14 11
17 1 11
18 1-4 12
19 1-5 11
20 1-2 Folio
20 3-4 13
21 1-3 13
21 4-8 14

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