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72-568: A grand illumination is an outdoor ceremony involving the simultaneous activation of lights. The most common form of the ceremony involves turning on Christmas lights . One of the older of such community events began at Colonial Williamsburg , the restored Historic District of the former Virginia capital city of Williamsburg in 1935. It is held there each year on the Sunday of the first full weekend in December. (That is, if December begins on

144-577: A barrister . He specialised in labour and industrial law, and took silk in 1960. Murphy was elected to the Senate at the 1961 federal election , as a member of the Labor Party . He became Leader of the Opposition in the Senate in 1967. Following Labor's victory at the 1972 federal election , Gough Whitlam appointed Murphy as Attorney-General and Minister for Customs and Excise . He oversaw

216-455: A constitutional requirement until 1977 , it had been long-standing convention that a Senate casual vacancy be filled by a person from the same political party. However, on 27 February 1975, the Premier of New South Wales , Tom Lewis , controversially appointed Cleaver Bunton , a person with no political affiliations, to replace Murphy in the Senate, beginning the chain of events which led to

288-535: A double dissolution election for May 1974 . Murphy's most important legislative achievement was the Family Law Act 1975 , which completely overhauled Australia's law on divorce and other family law matters. It established the principle of " no-fault divorce ", in the face of opposition from the Roman Catholic Church and many other individuals and organisations. This act also established

360-499: A Sunday, the event is held the following Sunday.) Williamsburg's Grand Illumination, which also involves fireworks, is based loosely on the colonial (and English ) tradition of placing lighted candles in the windows of homes and public buildings to celebrate a special event. The winning of a war and the birthday of the reigning monarch are examples of such national events. Many candles appeared in darkened windows in New York after

432-441: A beautiful interior and exterior place. Beauty is the essential core of ceremony, having always been part of "raising the spirit" and embedding the good in the memory. Ceremonies, as they always had been, are historically the bridge between the visual and performing arts and the people. Murphy and his followers, and international practitioners such as David Oldfield of Washington DC understand that ceremonies are core expressions of

504-407: A civilised, stable and happy society. Here he echoed the conviction of the mythologist Joseph Campbell who had maintained the strongly asserted generality that the level of civilised behaviour in a society is directly linked to the practice of ceremonies and rites of passage . In addition, Messenger makes the following statements: To be powerful and effective, such ceremonies, in the view of all

576-557: A famous dissent Dixon and Evatt JJ described this construction as a mockery of the Constitution and considered that anyone charged with any serious offence against the laws of the Commonwealth was entitled to trial by jury (Lowenstein (1938) 59 CLR 556, 582). The jury is a strong antidote to the elitist tendencies of the legal system. It is "the means by which the people participate in the administration of justice" (Jackson v

648-527: A large nose that was broken in a 1950 car accident in England and left largely untreated. In July 1954, he married Russian-born Nina Morrow (née Vishegorodsky; known as Svidersky), a comptometrist , at St John's Church in Darlinghurst , Sydney. Their daughter, Lorel Katherine, was born in 1955. In 1967, Murphy's marriage to Nina ended in divorce. In 1969, Murphy married Ingrid Gee (née Grzonkowski),

720-716: A law degree, Murphy passed the Barristers' Admission Board examination and was admitted to the New South Wales Bar Association in 1947. After graduating from the University of Sydney Faculty of Law , Murphy took up residence in University Chambers, Phillip Street and then moved to the fourth floor of Wentworth Chambers. He rapidly established himself as a labour/industrial lawyer , representing left-wing unionists. In 1960, he

792-409: A legislature unless the intent is conveyed in unmistakable language. The privilege is commonly described as legal professional privilege, which is unfortunate, because it suggests that the privilege is that of the members of the legal profession, which it is not. It is the client's privilege, so that it may be waived by the client, but not by the lawyer… Its rationale is no longer the oath and honour of

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864-823: A model and television quiz-show compère who had been born in German-occupied Poland. They had two sons, Cameron and Blake. Cameron was President of the New South Wales Council for Civil Liberties from 1999 to 2013. Ingrid died in October 2007. In 2021, the ABC investigative series Exposed: The Ghost Train Fire aired an allegation, for which they provided no evidence, that Murphy and NSW Premier Neville Wran had conspired with organised crime figure Abe Saffron to help Saffron’s relatives obtain

936-689: A number of reforms, establishing the Family Court of Australia , the Law Reform Commission , and the Australian Institute of Criminology , and developing the Family Law Act 1975 , which fully established no-fault divorce . He also authorised the 1973 Murphy raids on ASIO . In 1975, following the death of Douglas Menzies , Murphy was appointed to the High Court. He is the most recent politician to be appointed to

1008-437: A person inspired to improve lives at a deep and lasting level. For this reason they must be carefully chosen. The ideal is that they be educated in the humanities and trained to expertly co-create, creatively write and perform ceremonies. The funeral ritual, too, is a public, traditional and symbolic means of expressing our beliefs, thoughts and feelings about the death of someone loved. Rich in history and rife with symbolism,

1080-501: A sense of identity, esteem, shared values and beliefs and shared memorable events. Every ritual contains tender and sacred moments. And in those moments of sensitivity We are taken out of the normal flow of life, And out of our routines. We are then in an event that is irreplaceable and sacred . In ritual we participate in something deep and significant. They are moments which move our heart And touch our spirit. Lionel Murphy also knew that

1152-464: A similar event is called the "Grand Illumination On The River." In Oak Bluffs, Massachusetts , on Martha's Vineyard , Grand Illumination is one of the most significant events each summer, immediately preceded by a Community Sing. In the United Kingdom , the "Grand Illumination" ceremony is generally referred to as "Turning On The Lights", and occurs in virtually all towns and cities throughout

1224-465: Is almost entirely the result of one man’s vision. Murphy himself told me the story of how he was opposed by his own staff, the public service, his fellow Members of Parliament s and officials of the Labour Party. He defied all, and, on July 19, 1973, in the dead of night typed the first appointment himself, found the envelope and stamp, walked to a post box and posted it himself. Lois D’Arcy, carries

1296-412: Is calculated to achieve intellectual and moral solidarity of mankind and so reinforce the bonds between people which promote peace and displace those of narrow nationalism and alienation which promote war… The encouragement of people to think internationally, to regard the culture of their own country as part of world culture, to conceive a physical, spiritual and intellectual world heritage, is important in

1368-487: Is one of the few guarantees of the rights of persons in the Australian Constitution. It should be given the purposive interpretation which accords with its plain words, with its context of other provisions of unlimited duration, and its contrast with transitional provisions. Constitutions are to be read broadly and not pedantically. Guarantees of personal rights should not be read narrowly. A right to vote

1440-456: Is so precious that it should not [be] read out of the constitution by implication. Rather every reasonable presumption and interpretation should be adopted which favours the right of people to participate in the elections of those who represent them." The privilege against compulsory self-incrimination is part of the common law of human rights . It is based on the desire to protect personal freedom and human dignity . These social values justify

1512-472: The 1975 Australian constitutional crisis . These events provided the impetus for the 1977 constitutional change that ensures such an appointment cannot be repeated, although a State Government can still achieve a similar result by declining to fill a Senate vacancy. Soon after his appointment to the bench, Murphy visited Justice Menzies ' old chambers in Taylor Square, which would now be his. Staring at

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1584-700: The Family Court of Australia . Murphy used an existing provision of the Marriage Act 1961 (Section 39C) to establish the Civil Marriage Celebrant programme. Using this provision he appointed about a hundred Civil Celebrants and urged them to provide marriage ceremonies of dignity, meaning and substance for non-church people. It was an initiative opposed by the Australian Labor Party, the public servants of his department and his personal staff. The civil celebrant program

1656-530: The Luna Park lease after the 1979 Sydney Ghost Train fire , which caused the deaths of six children and an adult. The history of the Aboriginal people of Australia since European settlement is that they have been the subject of unprovoked aggression, conquest, pillage, rape, brutalisation, attempted genocide and systematic and unsystematic destruction of their culture…a law aimed at the preservation, or

1728-521: The September 11, 2001 attacks . In recent times, in many cities much larger than Williamsburg, such as Richmond, Virginia , multiple skyscrapers and other buildings are decorated with long mostly vertical strings of lights of a common theme, and are activated simultaneously in "Grand Illumination" ceremonies. Some communities, such as Norfolk, Virginia and Asheville, North Carolina , have Grand Illumination parades . In Chattanooga, Tennessee ,

1800-430: The marriage ceremony , there are a number of ancient traditional elements in both church and civil ceremonies in the western world. Key ceremonies date from the pre-Christian Roman and Greek times, and their practices have continued through the centuries. For example, from pre-Christian Roman times in the marriage ceremony, we inherit best men and bridesmaids , processions, signing of the contract, exchange of rings and

1872-447: The tea ceremony . Ceremonies may have a physical display or theatrical component: dance , a procession , the laying on of hands. A declaratory verbal pronouncement may explain or cap the occasion, for instance: Both physical and verbal components of a ceremony may become part of a liturgy . Lionel Murphy Lionel Keith Murphy QC (30 August 1922 – 21 October 1986) was an Australian politician, barrister, and judge. He

1944-559: The wedding cake . Writer and philosopher de Botton maintains atheists should appropriate many of the useful insights, artistic treasures and symbolism inspired by religion. He argues that the secular world can also learn from the religions the importance of community and continuity. Messenger agrees, and points out that the success of civil celebrants in Australia has been partly due to their espousing of these principles, both in theory and practice, since 1973. The main impetus to

2016-685: The Commission of Inquiry received assent in May 1986. In July, Murphy announced that he was dying of terminal cancer, and the establishing legislation was repealed. The Speaker of the House of Representatives and the President of the Senate were given control of the Commission's documents. Murphy returned to the Court for one week of sittings. He died on 21 October 1986. Murphy had a distinctive profile and

2088-697: The Honourable Lionel Keith Murphy has been such as to amount, in its opinion, to proved misbehaviour within the meaning of section 72 of the Constitution ". (Section 72 specifies that a High Court judge may be removed only by the Governor-General and both houses of Parliament "on the ground of proved misbehaviour or incapacity".) The terms of this inquiry specifically excluded the issues for which Murphy had already been tried and acquitted. The legislation establishing

2160-562: The Labor Party's historical commitment to civil liberties and human rights. He was elected to the Australian Senate in 1961, and, in 1967, he was elected Opposition Leader in the Senate. In 1969, Labor Leader Gough Whitlam appointed him Shadow Attorney-General and, when Labor won the 1972 election, he became Attorney-General and Minister for Customs and Excise . One of Murphy's more dramatic actions as Attorney-General

2232-526: The Pacific. The French government conducted 41 atmospheric nuclear tests at Mururoa after 1966 and formally ceased atmospheric nuclear testing in 1974 as a result of public pressure facilitated by Murphy's ICJ case. In February 1975, Whitlam appointed Murphy to a vacancy on the High Court of Australia . He was the first serving Labor politician appointed to the Court since Dr. H. V. Evatt in 1931 and

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2304-457: The Queen (1976) 134 CLR 42 at 54). The greatest respect should be given by appeal courts to jury verdicts and any attempt to downgrade the jury to a mere nominal or symbolic role should be restricted. Preservation of the world's natural heritage : Suppose that in the next few decades, because of the continuing rapid depletion of the world's forests and its effect on the rest of the biosphere ,

2376-607: The Science Association. In 1944, in his third year of his science degree, Murphy was elected to the Students' Representative Council but was dismissed two hours after his election victory, on a "constitutional technicality". This event is said to have cemented his interest in politics and law, and he commenced participating in the university's debating society and its monthly debates the following year. Unusually, two years prior to his graduating with and possessing

2448-470: The States to create or authorise slavery or serfdom. The reason lies in the nature of our Constitution. It is a Constitution for a free society. The Australian Constitution "contains an implication of a free society which limits Parliament's authority to impose civil conscription". The preservation of the world's heritage must not be looked at in isolation but as part of the co-operation between nations which

2520-533: The United Kingdom and some states of the US. According to Dally Messenger III secular ceremonies are "roadmap" influences which lead to an acceptable, ethical and dignified life. Ceremonies contribute to the unseen ingredients of psychological stability, a sense of identity, reassurances of life's purposes, and the personal sense of self-worth. Murphy considered that personal genuine ceremonies were central to

2592-570: The Yugoslav Prime Minister Džemal Bijedić . ASIO officers claimed not to be able to locate the file with which to properly brief Murphy. Murphy's belief was that, though a security service was an important part of the Australian social fabric, like any other arm of executive government it must be accountable to the relevant Minister. According to journalist George Negus , then Murphy's press secretary: "Lionel had asked for

2664-634: The appointment was bitterly criticised. He resigned from the Senate on 9 February 1975 to take up the appointment. Murphy was the last High Court justice to have served as a Member of Parliament, and the last politician appointed to the High Court. Additionally, Murphy was one of only eight justices of the High Court to have served in the Parliament of Australia prior to his appointment to the Court, along with Edmund Barton , Richard O'Connor , Isaac Isaacs , H. B. Higgins , Edward McTiernan , John Latham , and Garfield Barwick . Although it did not become

2736-684: The authority of the wartime Manpower Directorate . In 1945, Murphy commenced studying law at the Sydney Law School of the University of Sydney and, in 1949, graduated with a Bachelor of Laws with Honours. While at the University of Sydney, during both his science and law degrees, Murphy was politically and socially active and was involved in the Students' Chemistry Society, the Junior Science Association, and

2808-530: The claim to be the one true faith has resulted in great intolerance and persecution. Because of this, the history of many religions includes a ghastly record of persecution and torture of non-believers. Hundreds of millions of people have been slaughtered in the name of god, love and peace. In the effort to uphold "the one true faith" courts have often been instruments for the repression of blasphemers , heretics and witches …Most organised religions have been riddled with commercialism , this being an integral part of

2880-522: The country. Ceremony The word may be of Etruscan origin, via the Latin caerimonia . According to Dally Messenger and Alain de Botton , in most Western countries the values and ideals articulated in both church and civil ceremonies are generally similar. The difference is in what Messenger calls the "supernatural infrastructure" or de Botton the "implausible supernatural element". Most religions claim some extra advantage conferred by

2952-411: The court. On the court, Murphy was known for his radicalism and judicial activism . However, his final years were marred by persistent allegations of corruption. He was convicted of perverting the course of justice in 1985, but had the conviction overturned on appeal and was acquitted at a second trial. In 1986, a commission was established to determine whether he was fit to remain on the court, but it

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3024-425: The culture. Done well, they can assist in major decision-making , bring emotional security , strengthen bonds between people , and communicate a sense of contentment . To quote David Oldfield: Rituals and ceremonies are an essential and basic means for human beings to give themselves and others the necessary messages which enable the individual to stay human. They communicate acceptance, love,

3096-405: The decisions of the courts in a way that does not constitute a clear and present danger to the administration of justice. The Constitution s.80 states: "The trial on indictment of any offence against any law of the Commonwealth shall be by jury…" This Court has construed this section to mean that if there be no indictment there must be a jury but there is nothing to compel procedure by indictment…In

3168-418: The deity, e.g., Roman Catholics believe that through the words of consecration in the mass ceremony, God himself becomes actually present on the altar. Both religious and civil ceremonies share the powerful psychological, social and cultural influences which all ceremony seeks to attain. The style of music played, words used, other components and the structure vary. As Edward Schillebeeckx writes about

3240-461: The development of quality civil ceremonies in the Western world was the foresight of the Australian statesman, senator and high court judge, Lionel Murphy . In 1973 in Australia, the civil celebrant program entrusted appropriately selected individuals to provide non-church people with ceremonies of substance and dignity. This initiative to a great extent has now been followed by New Zealand, Canada,

3312-412: The drive by their leaders for social authority and power in conformity with the " iron law of oligarchy ". The absence of a constitutional guarantee does not mean that Australia should accept judicial inroads upon freedom of speech which are not found necessary or desirable in other countries. At stake is not merely the freedom of one person; it is the freedom of everyone to comment rightly or wrongly on

3384-537: The endeavour to avoid the destruction of humanity . Public statements that the courts are involved in the class struggle may tend to impair confidence in the courts (and amount to criminal contempt on the Dunbabin standard) but do not constitute any clear and present danger to the administration of justice. If all those who advocate that the courts are involved in the class struggle were to be imprisoned for criminal contempt there would not be enough gaols. Section 41

3456-675: The environment, abolishing the death penalty and outlawing racial and other discrimination . Furthermore, Murphy established a systematic legal aid service for all courts, set up the Australian Law Reform Commission with Michael Kirby as its inaugural chairman and set up the Australian Institute of Criminology . Murphy took the French Government to the International Court of Justice (ICJ) to protest against its nuclear tests in

3528-509: The executive or judiciary to determine what religion is, this poses a threat to religious freedom . Religious discrimination by officials or by courts is unacceptable in a free society… In the eyes of the law, religions are equal. There is no religious club with a monopoly of State privileges for its members. The policy of the law is "one in, all in". The faith of members of various religions has inspired concern for others which has often been reflected in humanitarian and charitable works. However,

3600-481: The external affairs power, comply with that request by legislating to prevent the destruction of any forest. The world's cultural and natural heritage is, of its own nature, part of Australia's external affairs. It is the heritage of Australians, as part of humanity, as well as the heritage of those where the items happen to be. It would not be constitutionally permissible for the Parliament of Australia or any of

3672-516: The files of the six most dangerous or subversive people in Australia". When the files arrived, Murphy found they were of several Communist Party (CPA) unionists and people such as CPA leader and peace movement activist Mavis Robertson. When he told Whitlam, they both laughed. Murphy was highly involved in the behind-the-scenes machinations and parliamentary debates around the appointment of DLP Senator Vince Gair as Ambassador to Ireland in 1974 (see Gair Affair ), which preceded Whitlam's calling of

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3744-419: The funeral ceremony helps us acknowledge the reality of the death, gives testimony to the life of the deceased, encourages the expression of grief in a way consistent with the culture's values, provides support to mourners, allows for the embracing of faith and beliefs about life and death, and offers continuity and hope for the living. Naming Ceremonies existed in human culture long before Christianity or any of

3816-544: The gathering of information, or its disclosure, or surveillance, against unwanted publicity by government, the media or commercial organisations". Murphy also introduced important legislation substantially abolishing appeals to the Judicial Committee of the Privy Council , removing censorship , providing freedom of access to government information, reforming corporations and trade practices law, protecting

3888-429: The honour of being appointed the first genuinely independent civil celebrant in Australia, and actually in all the world. Although it was a radical move at the time, the programme proved to be very successful. In 2015, 74.9 per cent of marrying couples in Australia chose a civil marriage celebrant to officiate. The programme broadened to include secular funerals of substance, namings and other ceremonies which celebrated

3960-413: The impediment the privilege presents to judicial or other investigation… It is society's acceptance of the inviolability of the human personality… The history and reasons for the privilege do not justify its extension to artificial persons such as corporations or political entities. Because the privilege is such an important human right, an intent to exclude or qualify the privilege will not be imputed to

4032-435: The landmarks of human existence. Murphy took an enthusiastic interest in this programme - sending telegrams of congratulation to the first several hundred couples married by civil celebrants and would often unexpectedly turn up uninvited to weddings performed by celebrants to delight in his achievement. As Attorney-General, Murphy drew up a Human Rights Bill (which lapsed with the double dissolution of 1974 ) giving as among

4104-443: The major religions came on the scene. Every community has a ceremony to welcome a new child into the world, to give that child recognition, and to celebrate the birth of new life. Other, society-wide ceremonies may mark annual or seasonal or recurrent events such as: Other ceremonies underscore the importance of non-regular special occasions, such as: In some Asian cultures, ceremonies also play an important social role, for example

4176-501: The possibility of being cross-examined in court. . Due to the seriousness of the allegations, Attorney-General Lionel Bowen , acting on what he said was his belief that the Justices of the High Court were minded to take some independent action to assess Justice Murphy's fitness to return to the Court, introduced legislation for a Parliamentary Commission of Inquiry, consisting of three retired judges, to examine "whether any conduct of

4248-448: The reasons: "in criminal law, our protections against detention for interrogation and unreasonable search and seizure, for access to counsel and to ensure the segregation of different categories of prisoners are inadequate. Australian laws on the powers of the police, the rights of an accused person and the state of the penal system generally are unsatisfactory. Our privacy laws are vague and ineffective. There are few effective constraints on

4320-449: The scholars in the field, had to have impact. This occurred when the ceremony was framed by the visual and performing arts. Great care had to be taken in creating and choosing the poetry, prose, stories, personal journeys, myths, silences, dance, music and song, shared meditations, choreography and symbolism which comprised a ceremony. To reinforce the psychological and cultural power of ceremony it should be enacted, as far as possible, in

4392-408: The superficial, the unaware, were not the right persons to bring this about. The civil celebrant needs to have a rich skill-set and knowledge base. Murphy is on the record as asserting that the civil celebrant needed to have a "feel" for ceremony and be professional, knowledgeable, educated, creative, imaginative, inspired, well presented, idealistic, and well practised. The civil celebrant should be

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4464-543: The survival of all living creatures becomes endangered. This is not a fanciful supposition… Suppose the United Nations were to request all nations to do whatever they could to preserve the existing forests. Let us assume that no obligation was created (because firewood was essential for the immediate survival of people of some nations). I would have no doubt that the Australian Parliament could, under

4536-612: The top 100 in the state. His initial scholastic performance was ordinary and he briefly considered transferring to study a Bachelor of Arts majoring in psychology at the Faculty of Arts . Murphy excelled in his final year, graduating from the School of Chemistry , Faculty of Science with a Bachelor of Science with Honours in Organic Chemistry . In 1943, he commenced working in the chemical industry, thereby coming under

4608-450: The trial judge had misdirected the jury. A second trial was then held and, on 28 April 1986, Murphy was found not guilty of attempting to pervert the course of justice. After his acquittal, Murphy said, "Thank heavens for the jury system!". Despite being a well-educated judge, Murphy’s defence rested on an unsworn, or “dock statement” (typically used by those who are unable to communicate fluently, or represent themselves ), which avoided

4680-460: The uncovering, of evidence about their history is a special law with respect to the people of this race. Religious freedom is a fundamental theme of our society. That freedom has been asserted by men and women throughout history by resisting the attempts of government, through its legislative, executive or judicial branches, to define or impose beliefs or practices of religion. Whenever the legislature prescribes what religion is, or permits or requires

4752-799: The volumes of British law reports on the shelves behind his desk, he said, "I want all of these to go". He replaced them with decisions from the Supreme Court of the United States . In the summer of 1983/84, during the term of the first Hawke government , both The National Times and The Age published transcripts of telephone conversations illegally recorded from 1979-81 by the New South Wales Police . Although not then authenticated, they were allegedly between Murphy and Sydney lawyer Morgan Ryan, who in 1982 faced charges of forgery and conspiracy. In July 1985, Murphy

4824-516: Was a Senator for New South Wales from 1962 to 1975, serving as Attorney-General in the Whitlam government , and then sat on the High Court from 1975 until his death. Murphy was born in Sydney , and attended Sydney Boys High School before matriculating at the University of Sydney . He initially graduated with a degree in chemistry, but then went on to Sydney Law School and eventually became

4896-726: Was abandoned when Murphy announced that he was suffering from terminal cancer. Murphy was the youngest of five sons, and sixth of seven children of William, a native of County Tipperary , and Lily Murphy. He was born and grew up in Sydney. Though the Murphy household was Irish Catholic , albeit estranged from the Church , Murphy became a humanist and rationalist. He was educated at government schools in Sydney's south-eastern suburbs, including Kensington Public School in Kensington , where he

4968-625: Was appointed as a Queen's Counsel . Murphy was a member of the Australian Labor Party from an early age. In the Senate pre-selection convention in the Sydney Trades Hall in April 1960, he had the backing of Ray Gietzelt but lacked factional endorsement. However, he drew first position in addressing the delegates and won support with an impassioned but well-structured and infectiously optimistic seven-minute speech on

5040-510: Was dux after repeating his final year in 1935, and Sydney Boys High School from 1936–40 in nearby Moore Park , graduating with A levels in English, Mathematics, and Chemistry and B levels in Physics and French. After completing his secondary education, in 1941, Murphy matriculated to the University of Sydney , though he had not been successful in gaining a university scholarship awarded to

5112-609: Was his sudden visit to the Melbourne headquarters of the Australian Security Intelligence Organisation (ASIO) on 16 March 1973. This came about because ASIO officers were unable to satisfy his requests for information concerning intelligence on supposed terrorist groups operated by the Ustaše in Australia . Murphy's concern about the matter was heightened by the impending visit to Australia of

5184-524: Was initially convicted on one of two charges of attempting to pervert the course of justice , over new allegations made by Clarrie Briese, the Chief Magistrate of New South Wales , that Murphy had attempted to influence a court case against Morgan Ryan, whom Murphy referred to as "my little mate". A subsequent appeal to the NSW Court of Appeals quashed Murphy's conviction on the grounds that

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