Selden Society lecture series Australia

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 detachment. Grimley was the final straw.  This lecture examines the Grimley affair and considers the extent to which, along with his behaviour in other proceedings of the time, it brought into question Sir Charles’ ethics as a judge. About the speakerDr Sarah McKibbin is a Lecturer in Law at the University of Southern Queensland in Toowoomba, where she teaches, researches and publishes in legal history and private international law. Dr McKibbin is the lead author of A Legal History for Australia (Hart Publishing, 2021). Read the paper. View the lecture. Support the show

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 Hon Justice John Bond explore the life, career and legacy of Chief Justice John Marshall (1755-1835). About the speakerThe Honourable Justice Bond worked first as a solicitor and as an Associate to the Hon Sir Gerard Brennan at the High Court of Australia, before being admitted to the Bar in 1987. Justice Bond was appointed to the Supreme Court of Queensland in March 2015 and the Queensland Court of Appeal in April 2021.  Read the paper.View the lecture. Support the show

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 to pass the necessary legislation, taking into account the expectations of solicitors, Parliament and the public.The lecture is opened by the Hon Justice Williams (Supreme Court of Queensland). The Queensland Law Society Vice President, Rebecca Fogerty, also gave a short speech before the lecture and officially open the new SCLQ and QLS exhibition, A force for good: past, present and future.Learn more about the exhibition here. About the speakerHelen Gregory was born in Brisbane and is a historian specialising in Queensland's history and cultural heritage. She has taught in the Department of History at the University of Queensland, the School of Built Environment at the Queensland University of Technology and was Director of Cultural Heritage at the Queensland Environmental Protection Agency.Read the paper. View the lecture.Support the show

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 Library of Queensland.    This Selden Society lecture examines Harding’s personal and professional life and legacy within the context of Queensland’s developing legal community. About the speakerMr John McKenna KC is a long-standing member of the Selden Society, who has a particular interest in the development of the Queensland courts and legal profession in the 19th century. He is the author of Supreme Court of Queensland: A Concise History (2012). View the lecture.Support the show

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 was educated at The University of Queensland, graduating Bachelor of Arts (1971) and Bachelor of Laws (1973) and awarded the Comparative Law Prize in that year. He served as an associate to his father, the Honourable James Archibald Douglas (1972), and to Sir Harry Gibbs on the High Court of Australia (1973–74). He was admitted to the Bar in 1973 and undertook study at Emmanuel College Cambridge, graduating Bachelor of Laws (1976) and Diploma in Legal Studies (1979). He was appointed a Judge of the Supreme Court of Queensland in 2003 and retired in 2020.Read the speaker notesWatch the lectureSupport the showSupport the show

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 teaching, publications and the lasting impact of his judgments give him a serious claim as Australia’s most influential jurist. Sir Frederick’s extra-judicial writings reveal his fluency in six languages and expansive and opinionated scholarship in art, literature, religion and popular culture. About the speakerThe Hon Keith Mason AC KC was Solicitor-General and President of the Court of Appeal of New South Wales. He is now an adjunct professor at the University of New South Wales. He’s explored biographical aspects of Australia’s rich legal history in his two legal miscellanies (Lawyers Then and Now; Old Law, New Law) and his biography of Sir Frederick Jordan, Fire Under the Frost. Read the speaker notes.Watch the lecture.Support the show

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 conviction was obtained through lies told by disgruntled crew members and a Government Inspector. Opponents of South Sea Islander labour pointed to the case as a symptom of widespread abuse. In 1884, the crew of the Burns Philp vessel Hopeful was charged with the murder and kidnapping of South Sea Islanders. An enormous public outcry ensued when the captain and mate were found guilty and sentenced to death. The following year, Premier Samuel Griffith, a loudly outspoken critic of the plantation system, established the Royal Commission to Enquire into Kidnapping in New Guinea Waters. It revealed the widespread extent of assault, kidnapping and deception by crews of ships participating in the labour trade. View the lecture recording.About the speakersDr Andrew Stumer is a barrister in practice in Brisbane, Queensland. He is the author of The Presumption of Innocence: Evidential and Human Rights Perspectives (Hart Publishing, 2010). View Andrew's paper.Emeritus Professor Kay Saunders AO FASSA FRSA FRHS (London) has published widely on global indentured labour systems and slavery. Her most recent project, conducted with Dr Denver Beanland AM, concerns a re-appraisal of Sir Samuel Griffith's political career. View Kay's speaking notes. Support the show

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 previously Cassel professor of commercial law. After graduating from the University of Queensland with university medals in history and political science and law, he undertook post-graduate work at Harvard and Oxford. He has been an MP, Solicitor General for England and Wales and a High Court judge for England and Wales.  Watch the lecture. Support the show

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 attacks on these institutions of government should be regarded as part of Ryan’s legacy.About the speakerThe Hon Justice Patrick Keane AC was appointed to the High Court in March 2013. At the time of his appointment he was Chief Justice of the Federal Court of Australia. He served as a judge of the Court of Appeal, Supreme Court of Queensland from 2005–10 before being appointed to the Federal Court. Justice Keane AC was appointed a Companion in the General Division of the Order of Australia in 2015. View the lectureDownload the paperSupport the show

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 Brisbane, from colonial outpost to its emergence today as a future Olympic city.  Richard Kirk is an architect and masterplanner, born in 1967 in Roma, Queensland. He founded his practice Kirk architects in 1995, which has since grown to multiple studios across Australia and South-East Asia. His practice primarily works within the institutional and community sector, focusing on advancing sustainable design through each project. Watch the lecture.Support the show

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 legal system today. Gideon Haigh is a well know Australian author and journalist, who has written several books on a wide variety of subjects.  Associate Professor Kylie Burns is a national recognised torts and personal injury researcher and educator. She is a co-author of the leading text Torts: Cases and Commentary. This lecture is brought to you by the Australian Academy of Law (academyoflaw.org.au/) and the Selden Society (Australia) (legalheritage.sclqld.org.au/selden-society).       Support the show

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 Atkinson, Supreme Court of Queensland, undertaking articles of clerkship with Allens before commencing extensive postgraduate study aboard. Mr Stumer then worked as a Senior Associate at Allens, prior to commencing practice at the Bar.  Read the paper. Watch the lecture.Support the show

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 began his career in law when he was admitted as a barrister of the Supreme Court of Queensland in 1977. In 1990 his Honour was appointed Queen’s Counsel. Justice Jackson previously served as a member of the Supreme Court Library Committee and chaired the Queensland Law Reform Commission between 2014 and 2020. His Honour has been a judge of the Supreme Court of Queensland since 2012. Read the paper. View the lecture.Support the show

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 Queen’s Counsel, to her appointment as a justice of the High Court of Australia at 43, to her term as President of the International Labour Organisation’s Administrative Tribunal in Geneva. Read the paper.View the lecture.Support the show

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 University on Griffith’s role in drafting the Constitution John McKenna QC on Griffith the Lawyer Dr Raymond Evans on Griffith’s early life Professor Sarah Joseph on the Griffith Court View the speaker notes. Watch the webinar recording.Become a Selden Society member. Support the show

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 books, court records, artworks and personal effects.  Speaker the Hon Richard Chesterman AO RFD QC was a judge of the Supreme Court of Queensland (1998–2008) and Queensland Court of Appeal (2008–2012). He also served on the Mental Health Tribunal (1998–2002) and as a Commercial List judge (2002–08). In September 1968 he was a final year law student and associate to the Hon Justice Wanstall, (later Chief Justice). Read the lecture. View the lecture.  Support the show

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 appellate, constitutional, commercial, common, public and administrative, taxation and revenue law, equity, arbitration and mediation. He was an associate to Sir Harry Gibbs while he was a judge of the Supreme Court of Queensland. He was called to the Bar in 1964, appointed Queen’s Counsel in 1976 and worked in private practice in Brisbane until 1985 when he was appointed a Judge of the Federal Court of Australia (1985–87). Read the speaker's notes.View the lecture recording. Support the show

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