Victor Windeyer

Major General Sir William John Victor Windeyer (28 July 1900 – 23 November 1987) was an Australian judge, soldier, educator, and a Justice of the High Court of Australia.

Early life and career Windeyer was born in Sydney, into a legal family: his father, William Archibald Windeyer (1871–1943) was a Sydney solicitor, his uncle, Richard Windeyer, was a King's Counsel, his grandfather, William Charles Windeyer, was twice Attorney-General of New South Wales and Judge of the Supreme Court of New South Wales, and his great-grandfather, Sir Richard Windeyer, was a barrister and member of the first elected Parliament of New South Wales, sitting in the New South Wales Legislative Council. Windeyer studied at Sydney Grammar School and later at the University of Sydney, graduating with a Bachelor of Arts in 1922 (winning the university medal in history) and a Bachelor of Laws (LLB) in 1925.

In 1925, Windeyer was admitted to the New South Wales Bar Association. From 1929 to 1940, he lectured at the University of Sydney, teaching equity and commercial law, and until 1936, legal history. His book Essays in Legal History published in 1938 was for many years a standard textbook on the subject. In 1939, Windeyer assisted Justice Victor Maxwell at the Australian Government Royal Commission into the extension of Sydney GPO.

Windeyer married Margaret and they had four children Margaret, Bill, Jim and Frank. In 1938, he built a home called Peroomba in Warrawee which only passed out of family ownership in 2008.

Military career

Windeyer's military career began in 1918, although he did not see active service during the First World War.

In 1940, following the outbreak of the Second World War, Windeyer volunteered for overseas service and joined the Second Australian Imperial Force (2nd AIF).

Following the war, Windeyer relinquished command of the 20th Brigade, which he had commanded for the last four years, and was discharged from the 2nd AIF in early 1946, From 1950 to 1952 he commanded the 2nd Division after being promoted to major general.

Justice of the High Court and Privy Council

After returning to Australia, Windeyer continued to practise as a barrister. In 1949, he was appointed a King's Counsel and unsuccessfully sought preselection for the Senate representing the Liberal party. which considered whether the imposition of licensing fees under a state statute in relation to a licence for the carriage of goods amounts to the imposition of a duty of excise within the meaning of s. 90 of the Constitution, which denies to the States the power to impose such duties. One of his first separate judgements was Commonwealth v Butler.

Windeyer was elevated to the Privy Council in 1963, and joined the Privy Council's Judicial Committee in 1972. the "Payroll Tax case" in his interpretation of the meaning of the Engineers Case''. He sat on the bench of the High Court until his retirement on 29 February 1972.

Later life and death

On their acquisition of the 6th, 7th, 8th & 9th Floors of Mena House at 225 Macquarie Street, Sydney Chambers by Counsel's Chambers Limited in 1983, the new chambers were named Windeyer Chambers in his honour. He opened the new chambers on 15 June 1984. Windeyer died in 1987. One of his sons, William Victor Windeyer, followed him into the legal profession and as of 2005 was a Judge of the Supreme Court of New South Wales; he also served in the military, receiving the Reserve Force Decoration. Out of respect for MAJGEN Sir Victor Windeyer, Sydney University Regiment commissioned an award in honour of him that recognises the most outstanding officer within the Regiment. The award provides an opportunity for the recipient to train with their sister Regiment, The Rifles (formerly the Royal Green Jackets).