Herbert Nicholls

Sir Herbert Nicholls KCMG
6th Chief Justice of Tasmania
In office 1 July 1914 – 31 October 1937
Preceded by	Sir John Dodds
Succeeded by	Harold Crisp
Leader of the Opposition (Tasmania)
In office 29 May 1906 – 1 January 1909
Preceded by	William Propsting
Succeeded by	John Earle
Attorney-General of Tasmania
In office 9 April 1903 – 11 July 1904
Premier	William Propsting
Preceded by	Elliott Lewis
Succeeded by	George Gilmore
Constituency	Central Hobart
Personal details
Born	11 August 1868 Ballarat, Victoria
Died	11 November 1940 (aged 72) Hobart, Tasmania, Australia
Spouse(s)	Helen Sprent (m. 1905)
Alma mater	University of Tasmania
Profession	Barrister

Sir Herbert Nicholls KCMG (11 August 1868 – 11 November 1940) was an Australian judge and politician, who was Chief Justice of Tasmania from 1914 to 1937, and as an independent member of the Tasmanian House of Assembly from 1900 to 1909. In parliament, he served as Attorney-General (1903 to 1904) and Leader of the Opposition (1906 to 1909).

Early life

Nicholls was born in Ballarat, Victoria in 1868, to the English journalist Henry Richard (H. R.) Nicholls and his Irish-born wife Ellen Minchin. He was educated in Ballarat, until his family moved to Hobart, Tasmania in 1883 so his father could take up the editorship of The Mercury newspaper.^[1]

Legal career

After working as a mail clerk, Nicholls was articled to Andrew Inglis Clark and Matthew Wilkes Simmons, and was admitted to the Bar in 1892. He graduated with a Bachelor of Laws from the University of Tasmania in 1896, and became a barrister.^[1]

Political career

At a 1900 by-election, Nicholls was elected as an independent member of the Tasmanian House of Assembly, representing the multi-member electoral district of Hobart until 1903 when he became the sole member for Central Hobart.^[1]

From 1903 to 1904, Nicholls held two ministries in the cabinet of William Propsting: Attorney-General and Minister administering the Education Act. As Attorney-General, Nicholls represented police superintendent Frederick Pedder, the respondent in the landmark High Court case D'Emden v Pedder.^[2]

On 29 May 1906, following the state election the eight opposition members of the House of Assembly voted for Nicholls as their leader.^[3]

In December 1908, the cabinet of John Evans unanimously decided to appoint Alfred Dobson, Tasmania's Agent-General in London, as third judge of the Supreme Court of Tasmania. Dobson declined the appointment for personal reasons, and Nicholls was offered the role and accepted.^[4] He resigned from the Tasmanian Parliament on 1 January 1909.^[5]

Judicial career

When the Chief Justice of Tasmania, Sir John Dodds, died in office in June 1914, Nicholls was appointed as his replacement.^[6]

As chief justice, Nicholls served as Administrator of Tasmania on occasions when the Governor of Tasmania was absent from the state, or in between the appointment of governors to the role. Nicholls was serving as administrator in October 1923, when the Nationalist government of Sir Walter Lee lost a confidence motion on the floor of the house. Nicholls refused to dissolve the parliament and call an election, and appointed Joseph Lyons as Premier of a minority Labor government when Lee resigned.^[7] Nicholls was lieutenant-governor and administrator of the state for nearly three years from December 1930 to August 1933 between the end of Sir James O'Grady's term and the appointment of Sir Ernest Clark.^[6]

Honours

Nicholls was made Knight Bachelor in 1916 for his work as chief justice.^[8] In 1927, he was made a Knight Commander of the Order of St Michael and St George (KCMG).^[9]

Lake Nicholls in Mount Field National Park is named after him. Nicholls was a frequent visitor to the western highlands region where the lake is located, which was a practically unexplored area at the time.^[6]

References

1. David L. Mulcahy, Nicholls, Sir Herbert (1868–1940), Australian Dictionary of Biography, National Centre of Biography, Australian National University, published first in hardcopy 1988, accessed online 9 September 2015.
2. "HIGH COURT OF APPEAL.". Tasmanian News (Hobart, Tas.: National Library of Australia). 24 February 1904. p. 4 Edition: FOURTH EDITION. Retrieved 9 September 2015.
3. "TASMANIAN PARLIAMENT.". The Register (Adelaide, SA : 1901 - 1929) (Adelaide, SA: National Library of Australia). 30 May 1906. p. 7. Retrieved 9 September 2015.
4. "NOTES AND NEWS.". Daily Telegraph (Launceston, Tas. : 1883 - 1928) (Launceston, Tas.: National Library of Australia). 1 December 1908. p. 4. Retrieved 9 September 2015.
5. "Sir Herbert Nicholls, KCMG (1914-1937)". Supreme Court of Tasmania. Retrieved 9 September 2015.
6. "OBITUARY SIR HERBERT NICHOLLS Chief Justice Of Tasmania For 23 Years; Noted Athlete.". The Mercury (Hobart, Tas. : 1860 - 1954) (Hobart, Tas.: National Library of Australia). 12 November 1940. p. 2. Retrieved 9 September 2015.
7. Henderson, Anne. Joseph Lyons: The People's Prime Minister. Sydney: UNSW Press. ISBN 1742240992.
8. "NICHOLLS, Herbert". It's an Honour. Australian Government. Retrieved 9 September 2015.
9. "NICHOLLS, Herbert". It's an Honour. Australian Government. Retrieved 9 September 2015.