Herbert Mayo, supreme court judge in South Australia; advocates for national body as legal profession voice
Among his national contributions, Herbert Mayo was joint editor for South Australia of the Australian Law Journal. At Adelaide University, he examined (1919-24) in the law of contracts and lectured in jurisprudence (1925 and 1927-37) and commercial law (1929-34).
Image by Clyde Duryea courtesy State Library of South Australia
Herbert Mayo, South Australia’s acting chief justice in 1957, made wide contributions to state and national law including foundation president (1933-34) of the Australian Council – later the Law Council of Australia.
Born in 1885 in Morphett Street, Adelaide city, he was the fourth child of George Gibbes Mayo, a South Australian civil engineer, and his Scottish-born wife Henrietta Mary. His brilliance was matched by siblings Helen, George Elton, John Christian and Mary Penelope, grandchildren of Dr George Mayo and Maria (Gandy)Mayo, former mistress of Adelaide’s founder William Light.
Herbert Mayo was educated at the Collegiate School of St Peter, Trinity College, University of Melbourne, and the University of Adelaide (LL.B., 1909). He was admitted to the South Australian bar in 1909. At her father's Aldgate home in 1911, he married Clarice Melrose. Mayo practised as a solicitor at Lameroo and Pinnaroo before beind a founder of Mayo, (Stanley) Murray & Cudmore in 1914. He maintained practices in the city and the country until 1919 when he settled in Adelaide. Josiah Symon later entered the partnership.
In 1929, Mayo became a partner in Magarey, Finlayson, Mayo & Astley. He took silk in the following year. A Law Society of South Australia council member (1924-41), Mayo was president (1932-33, 1934-35,1939-41) and sat on many of its committees. He worked tirelessly to create a national body to represent the legal profession. His advocacy led to being foundation president in 1933-34 of the Australian Council in 1933, later the Law Council of Australia.
Mayo was joint editor for South Australia of the Australian Law Journal. At Adelaide University, he examined (1919-24) in the law of contracts and lectured in jurisprudence (1925 and 1927-37) and commercial law (1929-34) – a heavy load for a busy practitioner. He was one of the first to issue printed notes to students but his monotone impaired students’ concentration.
His son, Lieutenant Eric Mayo, was killed when HMAS Sydney was sunk in 1941 during World War II.
In 1942, Mayo was appointed a judge of the supreme court of South Australia, replacing Mellis Napier when he became chief justice. Mayo's appointment preceded the 1944 retiring age limit and he continued to serve until 1966. Knighted in 1948, he acted as chief justice from May to December 1957 and deputised for the South Australian governor 25 times. A fine equity lawyer, he customarily inserted most of his written judgements with at least one word not in common usage.
In 1958 at the Presbyterian Church, Tusmore, Mayo married Gwen Alister Brookes, a 49-year-old widow. He was president of many religious, charitable and learned organizations, including the British and Foreign Bible Society and the State branch of the Royal Geographical Society of Australasia. He also was chancellor of the Anglican dioceses of Adelaide and Willochra.
