Selden Society lecture series Australia
41 episodes - English - Latest episode: about 2 months ago -Join a variety of judicial officers, legal professionals and academics for this informative and provocative series of legal history lectures. Each episode presents a single story uncovering a unique aspect of our common law past. This might be literature or language, a fascinating event or item, a significant person, or the development of a legal idea. These lectures are recorded in the Banco Court, Brisbane, and are now available to the world.
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Episodes
Sir Charles Lilley and the Grimley Affair
March 11, 2024 00:00 - 53 minutes - 37 MBSir 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 detachme...
Queensland Law Society: serving ‘conscientious, honest lawyers’
October 08, 2023 09:00 - 1 hour - 43.5 MBA 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 persuad...
Mr Justice Harding—a titan of Queensland law
July 18, 2023 14:00 - 30 minutes - 20.8 MBGeorge 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 Lib...
Lord Denning
May 11, 2023 14:00 - 52 minutes - 36.5 MBMany 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 speaker The Honourable James Douglas Q...
Sir Frederick Jordan: Australia’s most influential judge?
December 08, 2022 09:00 - 36 minutes - 25.2 MBSir 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 teach...
Kidnapping and slavery in Queensland: the 'Jason' and the 'Hopeful'
September 30, 2022 00:00 - 1 hour - 41.6 MBIn 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 c...
Kidnapping and slavery in Queensland: the 'Jason' and the 'Hopeful'
September 30, 2022 00:00 - 1 hour - 41.6 MBIn 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 c...
Making law through practice: examples from commercial law
July 28, 2022 13:00 - 39 minutes - 27.5 MBSir 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 previou...
1922: after Ryan, the storm
April 25, 2022 23:00 - 51 minutes - 35.6 MBTJ 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 a...
Justices of the US Supreme Court—Chief Justice John Marshall and the establishment of judicial review
February 03, 2022 08:00 - 47 minutes - 32.7 MBDuring 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 ...
Justices of the US Supreme Court—Chief Justice John Marshall and the establishment of judicial review
February 03, 2022 08:00 - 47 minutes - 32.7 MBDuring 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 ...
Merthyr House—the home of Sir Samuel Griffith
December 07, 2021 03:00 - 37 minutes - 25.6 MBSir 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 Bris...
Mrs Chester’s lost child: inconsolable psychological injury and Justice Evatt’s finest judgement
September 19, 2021 03:00 - 1 hour - 44 MBAfter 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 ...
BONUS CONTENT: Mrs Chester’s lost child: inconsolable psychological injury and Justice Evatt’s finest judgment
September 19, 2021 02:00 - 8 minutes - 5.71 MBListen 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
Lord Eldon
June 03, 2021 02:00 - 45 minutes - 31.6 MBMany 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,...
The audacity of Griffith as a law reformer
April 26, 2021 22:00 - 35 minutes - 24.4 MBSir 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 bega...
Justice Mary Gaudron
February 04, 2021 05:00 - 45 minutes - 31.5 MBMary 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 Qu...
Private law’s revolutionaries: authors, codifiers and merchants?
December 15, 2020 02:00 - 48 minutes - 33.3 MBHas 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
Celebrating Samuel Griffith
November 24, 2020 22:00 - 58 minutes - 40.1 MBTo 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 o...
Lord Atkin
October 13, 2020 10:00 - 51 minutes - 35.3 MBAfter 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. Visit the exhibition. Support the show (https://legalheritage.sclqld.org.au/membership-information)
Lord Atkin
October 13, 2020 10:00 - 51 minutes - 35.3 MBAfter 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. Visit the exhibition. Support the show
Supreme Court Fire of 1968
August 31, 2020 01:00 - 40 minutes - 28 MBIn 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 bo...
Sir Harry Gibbs CJ
August 03, 2020 22:00 - 37 minutes - 25.6 MBSir 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 ap...
Lord Mansfield
June 09, 2020 22:00 - 43 minutes - 29.7 MBIn 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
Sir Edward Coke
May 19, 2020 22:00 - 53 minutes - 34.9 MBBarrister, 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 led to his arrest and imprisonment in the Tower of London on charges of treason (1622). Even in death, at the age of 82, concern about his radical...
Sir Edward Coke
May 19, 2020 22:00 - 53 minutes - 34.9 MBBarrister, 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 led to his arrest and imprisonment in the Tower of London on charges of treason (1622). Even in death, at the age of 82, concern about his radical...
Law and politics in McCawley's case
April 06, 2020 14:00 - 43 minutes - 29.8 MBThe 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 heard by the Supreme Court, the High Court of Australia and ultimately the Privy Council of the United Kingdom, and involved several layers of...
Justice Sandra Day O’Connor
March 02, 2020 14:00 - 50 minutes - 34.7 MBIn 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 became one of the most influential members of the Supreme Court, and her moderate and more narrowly expressed approach regularly proved to be...
Lord Bingham of Cornhill
February 03, 2020 14:00 - 53 minutes - 37.1 MBLord 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 Bingham. His Honour considers the elements of style, intelligence, patience, humility and respect that combined to make Lord Bingham one of the g...
Using and proving history in constitutional cases
January 06, 2020 14:00 - 50 minutes - 34.7 MBWhat 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 appeal for lawyers as an interpretative source. This lecture considers the challenges that come with using and proving historical facts and narrative...
Oliver Wendell Holmes and the First Amendment
December 02, 2019 14:00 - 1 hour - 48.9 MBOliver 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 American public life than freedom of speech, the Supreme Court did not strike down any law on First Amendment grounds until the mid-twentieth century. ...
The trials of Oscar Wilde
November 04, 2019 14:00 - 53 minutes - 36.9 MBIn 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 criminal trials that ultimately led to Wilde’s conviction of gross indecency. November marks the anniversary of Oscar Wilde’s death in 1900 at the age of...
Next Witness panel discussion
October 01, 2019 03:00 - 46 minutes - 31.9 MBThis 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 Court, Fragar’s large, layered paintings reveal the human factors in the judicial process. Joining the artist in discussion were the Honour...
The Dobell Case
September 05, 2019 04:00 - 1 hour - 49.3 MBOne 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 evolving tastes and trends of Australia’s visual arts culture and offered public exposure to new interpretations of the portraiture genre. The legal...
Rhetoric and reality: the making of English medieval legislation
July 02, 2019 02:00 - 51 minutes - 23.8 MBIn 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 major and continuing impact and importance. Visit the Supreme Court Library Queensland website for more: https://legalheritage.sclqld.org.au/20...
The Irish convict doctor who delivered Dick Atkin—Dr O'Doherty
June 04, 2019 01:00 - 46 minutes - 21.3 MBLord 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 first presidents of the Queensland Medical Society and carried out extensive honorary work at Catholic hospitals. As an MP he introduced Queensland'...
Lord Atkin – Judicial courage and the decorum of dissent
May 09, 2019 03:00 - 31 minutes - 14.3 MBThis 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. Her Honour was appointed Chief Justice of Australia in January 2017. At the time of her appointment she had been a judge of the High Court since...
Lord Atkin – Judicial courage and the decorum of dissent
May 09, 2019 03:00 - 31 minutes - 14.3 MBThis 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. Her Honour was appointed Chief Justice of Australia in January 2017. At the time of her appointment she had been a judge of the High Court since...
Mabo v State of Queensland (No. 2)
April 08, 2019 14:00 - 54 minutes - 24.9 MBThis 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 year marks the 27th anniversary of the Mabo decision. The Supreme Court Library is currently hosting the exhibition Overturning terra nul...
Leading cases of the common law – McKenzie v McKenzie [1971] P 33
March 04, 2019 14:00 - 43 minutes - 19.8 MBThis 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 London. The lecture is presented by Ian Hanger AM QC, who was the original ‘McKenzie’s friend’. Support the show
Guns and judges: Antonin Scalia and the right to bear arms
January 23, 2019 14:00 - 47 minutes - 21.7 MBAntonin 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 Library Queensland website, https://legalheritage.sclqld.org.au/2018-lecture-one Support the show