Selden Society lecture series Australia

Prior to the enactment of the Australia Act 1986 (Cth) and the Australia Act 1986 (UK), some Queensland court matters were appealed to the Judicial Committee of the Privy Council for final determination. What were hearings like in this forum before this avenue of appeal was abolished? In this lecture, Sandy Thompson KC will share his experiences appearing as counsel in 1985 and 1986, the latter (...

The Communist Party case is one of the High Court’s most important decisions. In a high-profile legal battle, the argument before the Court pitted a future Chief Justice of Australia, Garfield Barwick KC, against the then Leader of the Opposition, Bert Evatt KC, to determine the constitutionality of the Communist Party Dissolution Act 1950 . It reaffirmed that the Commonwealth cannot simply assert...

On the night of 19 June 1904, Christopher Stansfeld Robinson—the first Australian chief judicial officer in what became the Territory of Papua—died by suicide outside Government House in Port Moresby. Behind this tragedy lay earlier tragedies, each rooted in the clash of civilisations that marked the colonial experience for what has become the Independent State of Papua New Guinea, for the Commonw...

This lecture explains broadly the fundamental changes to divorce and matrimonial causes law introduced by the Family Law Act in 1975. It also demonstrates how the many changes to the Act over the past 50 years have transformed family law as much as, if not more than, the original changes introduced in 1975. About the speaker The Hon Mary Finn worked in private legal practice in England and Brisban...

The first Selden Society lecture for 2025, Recasting the law on a more merciful basis: juvenile justice then and now , will be presented by Dr Robyn Blewer from the Griffith Law School. In 1897, a Perth newspaper reported on the distressed state of two young boys who’d been remanded in custody in the local watchhouse for stealing a pigeon: ‘the punishment, even if guilty ... must have been greater...

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.   A few short years later in the Wik case, Brennan...

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 graduate of The University of Queensland—Bachelor of Art...

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 Grim...

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 Hel...

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...

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 rec...

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...

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 ni...

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  ...

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 Sup...

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 doctrin...

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...

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 exam...

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) (legalhe...

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 Ba...

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 wa...

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 ca...

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...

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 generation.    Read the paper . View the lecture . ...