Sir John Madden, was an Australian judge and politician who was the fourth and longest-serving Chief Justice of Victoria, in office from 1893 until his death. He was acting governor on a number of occasions.
Background and early years
Madden was born in the village of Cloyne, near Cork, Ireland, in 1844, the second of seven sons of a Cork solicitor also named John Madden. The family moved to London, UK in 1852, where his father had taken a job managing an insurance company, and there Madden attended a private school. He also spent some time at a college in Beauchamp, France. In January 1857, the family emigrated to Melbourne, Australia, where John Madden senior was admitted as a barrister to the Victorian Bar. The family lived in the suburb of Flemington. Madden was enrolled in St Patrick's College in East Melbourne. He later studied at the University of Melbourne, graduating with a Bachelor of Arts in 1864, a Bachelor of Laws in 1865.
Legal and political career
Madden was admitted to the Victorian Bar on 14 September 1865, where he established a good reputation for himself, particularly in equity and criminal law matters. In 1869, he received a Doctorate of Laws degree from the University of Melbourne. He stood for election to the Victorian Legislative Assembly in 1871, for the seat of West Bourke, but was unsuccessful. In 1872, he married Gertrude Stephen, with whom Madden subsequently had one son and five daughters. Madden was elected for the seat of West Bourke at the subsequent election, and in October 1875 was made the Minister for Justice in the McCulloch government. He lost his seat at the following election, but was temporarily retained as Minister for Justice until 1876, when he was elected to the Assembly for the seat of Sandridge. After McCulloch's resignation in May 1877, Madden left the ministry, but returned in March 1880 when he was made Minister for Justice in the Service government. This government only lasted five months, however. Madden retired from politics in 1883 to concentrate on his successful legal practice, which flourished during the Victorian land boom of the 1880s. He was considered one of the leaders of the Victorian Bar at this time, to the extent that by 1890, he was involved in about thirty percent of all cases coming before the Supreme Court of Victoria. In 1887, he had a thirty-room mansion built for himself and his family in Chapel Street in St Kilda East. It was named Cloyne, after the town where he was born. The property is currently owned by the Salvation Army. He was offered judicial positions several times, and rejected them, however after Chief Justice George Higinbotham died in late 1892, Madden was offered his position, and became the next Chief Justice on 9 January 1893. He was knighted later that year. One of the more interesting cases that Madden presided over was Bloomfield v Dunlop Tyre Co Ltd, decided 8 May 1902, and thought to be the first court case involving a car accident in Victoria. A demonstration vehicle owned by the Australasian Dunlop Tyre company was being driven towards the Royal Melbourne Showgrounds by the general manager and the advertising manager of the company. As they were passing the Flemington Racecourse, they slowed but did not stop, and after startling some horses, they collided with one, injuring its leg. The horse's owner sued Dunlop Tyres. The case came before Madden, who admitted that he didn't know anything about cars, and requested a demonstration outside the court building in William Street. After viewing the car's performance, and the driving skill of the two managers, he promptly found in favour of the horse owner, awarding him ₤250 in damages. Madden, however, quickly warmed to automobiles and became the first president of the Royal Automobile Club of Victoria in 1903.
