Letters between the Queen and the governor-general who dismissed then Prime Minister Gough Whitlam in 1975 are set to be revealed for the first time.
Historian Jenny Hocking has been fighting a million-dollar legal battle for four years to have the 211 letters between the Queen and Sir John Kerr released.
The National Archives of Australia had refused to release the letters that were exchanged in the lead-up to Mr Whitlam's 1975 dismissal.
But on Friday, Professor Hocking won her battle in the High Court in a result that could provide key insight into one of Australia's greatest political crises.
She found that the Palace had known of Mr Kerr's intentions to sack Whitlam and believes the letters can determine if the Queen influenced his decision.
Professor Hocking says the archive must now release them immediately.
The letters between the Queen and former Governor-General Sir John Kerr (pictured together) during the dismissal of Gough Whitlam are set to be released for the first time
The so-called Palace letters between Buckingham Palace and Mr Kerr around the time of the 1975 dismissal had been deemed personal communications by the National Archives of Australia and the Federal Court.
That meant they couldn't be released until 2027, and only then with the permission of the Queen.
RELATED ARTICLES
Previous
1
Next
What $226 got you in 1975: Decades-old travel brochure... 'They weren't as nice to Blanche as they could have been': A...
Share this article
Share
But a majority of the High Court's full bench has ruled they are in fact commonwealth property.
'I would be horrified if they did (deny access) given the four-year legal case,' Professor Hocking told reporters in Melbourne.
'Even cabinet records, the most confidential records of government, are released after 20 years. Unless it has the Queen's medical details in it, you would expect them to be released.'
If the archives continued to refuse access, that would raise questions about what role they were playing in the dismissal matter, she added.
Gough Whitlam was dismissed as Australian prime minister on November 11, 1975
Justices James Edelman and Michelle Gordon agreed the letters were commonwealth records, although published separate reasons.
Justice Gordon said some of the letters' contents may be considered personal.
Justice Geoffrey Nettle made a dissenting judgment, saying the letters should not be deemed commonwealth property simply because Sir John held public office.
The letters were supposed to be released 12 years ago but they were deemed 'private' instead of 'Commonwealth records'.
Professor Hocking had lost the bid to have the letters released by the Federal Court in 2016.
The court has now ordered the archives to reconsider Professor tour quảng châu Hocking's request to access the letters, and pay her legal costs.
Professor Jenny Hocking has been in a legal battle for four years to have the letters released to the public, something she believes will provide insight into one of Australia's greatest political crises
Mr Whitlam was dismissed on November 11, 1975 after being elected in December 1972.
In October 1975 the Liberal Party announced they would not pass the government's Supply Bills in the Senate until they agreed to call an election.
This would mean the government would soon run out of money to pay public servants, and provide pensions and services.
The last day a pre-Christmas election could be announced was November 13, and if that date was missed the government would potentially have no money for months.
Mr Whitlam refused to call an election and sought a half-Senate election from Mr Kerr.
Mr Kerr then dismissed Mr Whitlam and appointed Opposition Leader Malcolm Fraser as caretaker prime minister.
An election was held in December and Mr Fraser was appointed the new prime minister when the Coalition won power.
Former Liberal Senate leader Reg Withers revealed that Mr Kerr had plans to dismiss Mr Whitlam in the lead-up to November 11.
It's believed Mr Kerr had been in talks with Buckingham Palace to have Mr Whitlam (pictured) dismissed in the lead up
He and Mr Fraser had even been in secret phone contact.
It was also later revealed that Chief Justices Garfield Barwick and Anthony Mason advised Mr Kerr on how to dismiss the prime minister.
Justice Mason had reportedly advised Mr Kerr for months and had even drafted a letter of dismissal for him.
Historian Jenny Hocking has been fighting a million-dollar legal battle for four years to have the 211 letters between the Queen and Sir John Kerr released.
The National Archives of Australia had refused to release the letters that were exchanged in the lead-up to Mr Whitlam's 1975 dismissal.
But on Friday, Professor Hocking won her battle in the High Court in a result that could provide key insight into one of Australia's greatest political crises.
She found that the Palace had known of Mr Kerr's intentions to sack Whitlam and believes the letters can determine if the Queen influenced his decision.
Professor Hocking says the archive must now release them immediately.
The letters between the Queen and former Governor-General Sir John Kerr (pictured together) during the dismissal of Gough Whitlam are set to be released for the first time
The so-called Palace letters between Buckingham Palace and Mr Kerr around the time of the 1975 dismissal had been deemed personal communications by the National Archives of Australia and the Federal Court.
That meant they couldn't be released until 2027, and only then with the permission of the Queen.
RELATED ARTICLES
Previous
1
Next
What $226 got you in 1975: Decades-old travel brochure... 'They weren't as nice to Blanche as they could have been': A...
Share this article
Share
But a majority of the High Court's full bench has ruled they are in fact commonwealth property.
'I would be horrified if they did (deny access) given the four-year legal case,' Professor Hocking told reporters in Melbourne.
'Even cabinet records, the most confidential records of government, are released after 20 years. Unless it has the Queen's medical details in it, you would expect them to be released.'
If the archives continued to refuse access, that would raise questions about what role they were playing in the dismissal matter, she added.
Gough Whitlam was dismissed as Australian prime minister on November 11, 1975
Justices James Edelman and Michelle Gordon agreed the letters were commonwealth records, although published separate reasons.
Justice Gordon said some of the letters' contents may be considered personal.
Justice Geoffrey Nettle made a dissenting judgment, saying the letters should not be deemed commonwealth property simply because Sir John held public office.
The letters were supposed to be released 12 years ago but they were deemed 'private' instead of 'Commonwealth records'.
Professor Hocking had lost the bid to have the letters released by the Federal Court in 2016.
The court has now ordered the archives to reconsider Professor tour quảng châu Hocking's request to access the letters, and pay her legal costs.
Professor Jenny Hocking has been in a legal battle for four years to have the letters released to the public, something she believes will provide insight into one of Australia's greatest political crises
Mr Whitlam was dismissed on November 11, 1975 after being elected in December 1972.
In October 1975 the Liberal Party announced they would not pass the government's Supply Bills in the Senate until they agreed to call an election.
This would mean the government would soon run out of money to pay public servants, and provide pensions and services.
The last day a pre-Christmas election could be announced was November 13, and if that date was missed the government would potentially have no money for months.
Mr Whitlam refused to call an election and sought a half-Senate election from Mr Kerr.
Mr Kerr then dismissed Mr Whitlam and appointed Opposition Leader Malcolm Fraser as caretaker prime minister.
An election was held in December and Mr Fraser was appointed the new prime minister when the Coalition won power.
Former Liberal Senate leader Reg Withers revealed that Mr Kerr had plans to dismiss Mr Whitlam in the lead-up to November 11.
It's believed Mr Kerr had been in talks with Buckingham Palace to have Mr Whitlam (pictured) dismissed in the lead up
He and Mr Fraser had even been in secret phone contact.
It was also later revealed that Chief Justices Garfield Barwick and Anthony Mason advised Mr Kerr on how to dismiss the prime minister.
Justice Mason had reportedly advised Mr Kerr for months and had even drafted a letter of dismissal for him.
