Sir Gerard Brennan has been one of Australia’s most important barristers and judges since World War II. As a judge, he made many significant contributions to Australian jurisprudence. The most consequential of these was the leading judgment in the High Court’s decision in Mabo recognising the rights of occupation of Australia’s indigenous peoples. …

It is 100 years since women were allowed to serve on juries in Queensland, the first state in Australia to introduce what was then a radical reform. What are the challenges today for the composition of juries to reflect the judgment of a defendant’s peers and reflect modern democratic values? About the speaker The Hon Roslyn Atkinson AO is a gradua…

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 Queen…

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 rep…

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 fin…

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 p…

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 Fr…

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 Capta…

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 achie…

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 sustaine…

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 hi…

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 …

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 Gid…

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…

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 …

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 p…

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 te…

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 showAf Supreme Court Library Queensland

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 C…

After discovering a badly decomposed snail at the bottom of a bottle of ginger ale, Mrs Donoghue became ill and then sued the manufacturer. Lord Atkin’s judgment in this case would have a lasting impact on society. Hear the Hon Justice Applegarth AM discuss this case and others that made Lord Atkin one of the most influential judges of his or any g…

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…

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 …

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 …

Barrister, legal scholar, parliamentarian, and judge, Sir Edward Coke (1552–1634) was at the very centre of some of the most dramatic moments in England's legal history including the trials of the Earl of Essex (1600), Sir Walter Raleigh (1603) and the conspirators in the Gunpowder Plot (1605). His outspoken conduct as a Member of Parliament soon l…

The appointment of Thomas William McCawley to the Supreme Court of Queensland in 1917 was a decision destined to provoke controversy. The challenge to his appointment was based on what were called 'purely legal and constitutional grounds', but personal motives, partisan manoeuvring and ideological goals were never far from the surface. The case was…

In this episode of the podcast, the Hon Margaret McMurdo AC pays tribute to the life and work of Sandra Day O’Connor, the first woman to be appointed a Justice of the Supreme Court of the United States. Throughout her long and distinguished legal career, Justice O’Connor bore witness to changing attitudes and opportunities for women in the law. She…

Lord Thomas Bingham of Cornhill was described in his obituary as the greatest English judge since the Second World War. He was the first modern judge to hold all of the positions of Master of the Rolls, Lord Chief Justice, and Senior Law Lord. In this lecture, the Honourable Justice James Edelman pays tribute to the life and legacy of Lord Thomas B…

What role does history play in the law, and how are claims about history proved? This lecture explores this question through a series of case studies, with a particular focus on constitutional cases. Claims about law and claims about history are interwoven in the common law. With its apparent neutrality and certainty, history holds a particular app…

Oliver Wendell Holmes Jr (1841–1935) was a scholar and jurist of indisputable brilliance, widely regarded as one of the greatest and most influential judges in the English speaking world. Of all of his opinions, nothing defines his life’s work better than his famous approach to the First Amendment. Although no right seems more fundamental to Americ…

In Victorian England the work of the courts was a subject of immense public interest, with the leading barristers of the day enjoying celebrity status. In this era there was no litigation more closely followed than the trials of Oscar Wilde. This fascinating lecture, presented by The Honourable Alan Wilson AC, charts the course of libel and crimina…

This month we have a special edition of the podcast featuring a panel discussion on the relationships between art, aesthetics and justice. The event was a part of the recent Next Witness exhibition in the library featuring the works of contemporary Australian artist Julie Fragar. Inspired by her experiences as an observer in the Queensland Supreme …

One of the world’s leading art prizes, The Archibald Prize, has been the battleground for debates and disputes about the definition of portraiture since its inception in 1921. It was established in 1919, pursuant to the will of Mr J F Archibald (a former editor of The Bulletin). Its annual exhibitions at the Art Gallery of NSW have reflected the ev…

In this lecture, Professor Paul Brand looks at the different rhetorics of legislation enacted during the thirteenth and early fourteenth centuries, a period when the initiative in legislation still clearly lay with the King and his advisers (rather than with the Commons in parliament) and also a period which saw the enactment of legislation with a …

Lord Atkin's first encounter with a doctor was in 1867, when Dr Kevin O'Doherty attended his birth in Brisbane. Twenty years earlier O'Doherty had been transported to Tasmania for his advocacy of Irish nationalism. By 1867 he was a leading surgeon in Brisbane, and, like his friend Robert Atkin, an advocate of liberal democracy. He was one of the fi…

This lecture explores Lord Atkin’s famous dissent in the 1941 case of Liversidge v Anderson, where he sought to strike down a wartime internment decision that had been given without reasons. More about the case can be found in the Supreme Court Library’s online exhibition celebrating Lord Atkin. The lecture is presented by the Hon Susan Kiefel AC. …

This episode of the podcast gives a first-hand account of one of the most important judgments ever delivered by the High Court, Mabo v the State of Queensland (No.2). It was presented as part of our 2016 lecture series. The presenter is the Honourable Margaret White AO, who acted as junior counsel for the Queensland Government during the Mabo case.…

This lecture examines the celebrated 1971 English case of McKenzie v McKenzie, in which the Court of Appeal unanimously affirmed the important principle that any person conducting proceedings in court is entitled to quiet assistance from a person of their choice. 2019 marks fifty years since the initial divorce trial of McKenzie v McKenzie in Londo…

Antonin Scalia was a prominent and controversial member of the Supreme Court of the United States: February marks the anniversary of his unexpected death in 2016. The lecture is presented by the Honourable Justice Glenn Martin, judge of the Supreme Court of Queensland. A video of the lecture and copy of the paper are available on the Supreme Court …