Sir Charles Lilley (1827–97) was a towering figure in politics and law in colonial Queensland, but his final years were dogged by controversy. In October 1892, Sir Charles announced his intention to resign as second Chief Justice of the Supreme Court of Queensland (1879–93). The catalyst was his behaviour throughout the 57-day civil trial of Queensland Investment and Land Mortgage Co Ltd v Grimley. Leading up to his resignation, Sir Charles increasingly eschewed norms of judicial detach...
During John Marshall’s long tenure as Chief Justice (1801-1835) a decision of particular importance was Marbury v Madison 5 US 137 (1803), in which Marshall CJ delivered the opinion of the court. The judgment established the key role of the Supreme Court in determining the constitutional validity of federal legislation. The decision would become highly influential in the development of the doctrine of judicial review in Australian constitutional law. We hope you enjoy listening to speaker the...
A statement praising ‘conscientious honest lawyers’ was published in a Brisbane newspaper in 1874. At that time, the public image of lawyers—barristers, as well as solicitors—was poor. For decades Queensland Parliaments were inclined to agree. The creation of the incorporated Queensland Law Society was seen as an important step in improving the reputation of lawyers.In this lecture, historian Helen Gregory presents the challenges which needed to be addressed, and how government was persuaded ...
George Rogers Harding (1838–1895) was the 5th Judge of the Supreme Court of Queensland and is regarded as one of Queensland’s finest civil lawyers, whose rigorous analytical approach helped to establish the reputation of the Supreme Court. He is also known as one of Queensland’s most influential bibliophiles and was instrumental in developing a fine collection for the Supreme Court Library. After his death, his extensive personal library provided the foundation for what became the State...
Many consider Lord Denning (1899–1999) to be the most important English judge of the 20th century. His witty and trenchant judgments are read by law students and cited by legal texts and lawyers in the United Kingdom as well as Australia, Canada and beyond. The Honourable James Douglas uses this lecture to examine Lord Denning’s life and judicial philosophy, as well as Denning’s willingness to reconsider precedent and reform legal principles.About the speakerThe Honourable James Douglas QC wa...
Sir Frederick Jordan served as Chief Justice of New South Wales from 1934–1949. His vigorous defence of the rule of law during World War II sometimes put him at odds with the governments of the day and the High Court of Australia, but his fiercely written judgments remain relevant and continue to be cited even into this new century. Although Sir Frederick declined an appointment to the High Court offered by Prime Minister Robert Menzies at the urging of Sir Owen Dixon, his law school tea...
In our latest episode, Dr Andrew Stumer and Professor Emeritus Kay Saunders AO examine two Queensland criminal cases from the late 19th century. With the rapid expansion of sugar production in Queensland in the second half of the 19th century, new sources of labour were sought. In 1871, the Supreme Court of Queensland upheld the conviction of Captain Coath of the schooner Jason for kidnapping nine South Sea Islanders to force them into servitude. Supporters of Captain Coath insisted the...
Sir Ross Cranston will draw on themes in his recent book, Making commercial law through practice 1830–1970 (Cambridge UP, 2021), emphasising the Australian dimension. He will examine three areas: markets, agency and sales, to show that although the common law provided the backdrop to commercial activity, it was in practice a flexible tool to achieve what the parties wanted. About the speaker Sir Ross Cranston is professor of law at the London School of Economics, where he was pr...
TJ Ryan, as leader of Queensland’s first Labor government to have a majority in the lower house of state parliament, implemented wide‑ranging political, economic and social reforms in the face of opposition from the upper house and resistance from the Supreme Court of Queensland. After his untimely death in 1922, Ryan’s successors launched sustained attacks on the Legislative Council and the Supreme Court of Queensland. In this lecture, Justice Keane AC considers the extent to which the...
Sir Samuel Griffith’s Brisbane home was a grand riverfront estate in the Brisbane suburb of New Farm. It was lavishly furnished with Chippendale furniture and Italian objets d’art and even included a high-ceilinged ballroom at its centre in which Sir Samuel and Lady Julia Griffith held their many official and social engagements. Brisbane architect Richard Kirk explores Griffith’s life through the lens of his New Farm home, and tells Merthyr House’s story—emblematic of the evolution of Br...
After her ‘brilliant boy’ drowned in an unfenced trench in 1937, Mrs Chester took legal action against the local council. Although her claim would ultimately be unsuccessful, the dissenting and empathic judgment of Justice Evatt would mark a critical moment in Australian law and its approach to psychological trauma. In our latest podcast author Gideon Haigh and Associate Professor Kylie Burns examine Justice Evatt’s judgment and discuss how inconsolable psychological trauma is viewed by our l...
Listen to a panel discussion between the Hon Justice Peter Applegarth AM, author Gideon Haigh and Associate Professor Kylie Burns that took place after the lecture 'Mrs Chester’s lost child: inconsolable psychological injury and Justice Evatt’s finest judgment'.This lecture was brought to you by Australian Academy of Law (academyoflaw.org.au/) and the Selden Society (Australia) (legalheritage.sclqld.org.au/selden-society). Support the Show.
Many leading equity texts and lawyers continue to quote Lord Eldon’s judgments. He is seen by many to be one of the most famous of the Chancery judges in equity law, as he systematised and bought certainty to its principles. Listen to Queensland barrister Andrew Stumer capture the interrelationship between Lord Eldon’s personal life, character and judgments. Andrew Stumer was admitted to the Bar in 2010, practicing in commercial law. He served as an Associate to the Hon Justice At...
Sir Samuel Griffith was undoubtedly the instigator of some of the greatest law reform moments in Queensland history. This lecture attempts to capture the most significant pieces of law reform for which he was singularly responsible for more than a quarter of a century. The range of subjects include both civil and criminal law, substantive law and procedural law with a view to identifying what was innovative and, at times, audacious. About the speaker: The Hon Justice David Jackson ...
Mary Genevieve Gaudron was the first woman to be appointed a justice of the High Court of Australia. Gaudron served on the Court as one of its most influential members for 16 years (1987–2003), and her career has been described as ‘a classic example of talent and industry triumphant over limited opportunity’. Listen as the Hon Roslyn Atkinson AO tells the fascinating story of Gaudron’s stellar career. From being the first woman in New South Wales to be appointed as Solicitor-General and ...
Has there ever really been a revolution in private law, never mind the law of obligations? Professor Hector MacQueen addresses that question by considering the relationship between law and revolution. Read the paper.View the lecture. Support the Show.
To mark our brand new exhibition, The many hats of Sir Samuel Griffith, our latest podcast features the Australian Academy of Law and Selden Society (Australia) webinar, Celebrating Samuel Griffith. The Hon Justice Peter Applegarth AM chairs a distinguished panel, exploring some of the interesting and important aspects of Griffith’s life: The Hon Chief Justice Catherine Holmes AC on Griffith the Politician Professor Carolyn Evans, Vice Chancellor and President of Griffith Univ...
In the early hours of a cold Brisbane morning in 1968, David Bertram Brooks entered the unlocked front door of Queensland’s historic Supreme Court. Resentful of the police and the justice system for his frequent arrests, Brooks made his way to the judges’ chambers and set the building alight. In the days following the fire, judges, their associates, members of the legal profession and law students from The University of Queensland diligently searched through the charred rooms to salvage ...
Sir Harry Talbot Gibbs PC AC GCMC QC served as a Justice of the High Court of Australia for more than 16 years (1970–87), rising to the office of Chief Justice from 1981 to 1987. As a judge of exemplary ability and integrity, with no political affiliations, Sir Harry Gibbs played a key role in maintaining public confidence in the High Court during this challenging period of controversy and change. Speaker David Jackson AM QC leads New Chambers in NSW. His principal areas of practice are ...
In this episode Professor Warren Swain examines Lord Mansfield and his influence in developing the common law to meet the growing needs of commercial practice.In particular, his judgments shaped the law in relation to bills of exchange, marine insurance and intellectual property and he drew upon equitable concepts to create the groundwork for the later development of doctrines of estoppel and restitution.View the speakers notes. Support the Show.