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Supreme Court Library Queensland에서 제공하는 콘텐츠입니다. 에피소드, 그래픽, 팟캐스트 설명을 포함한 모든 팟캐스트 콘텐츠는 Supreme Court Library Queensland 또는 해당 팟캐스트 플랫폼 파트너가 직접 업로드하고 제공합니다. 누군가가 귀하의 허락 없이 귀하의 저작물을 사용하고 있다고 생각되는 경우 여기에 설명된 절차를 따르실 수 있습니다 https://ko.player.fm/legal.
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Private law’s revolutionaries: authors, codifiers and merchants?
Manage episode 280124199 series 2610501
Supreme Court Library Queensland에서 제공하는 콘텐츠입니다. 에피소드, 그래픽, 팟캐스트 설명을 포함한 모든 팟캐스트 콘텐츠는 Supreme Court Library Queensland 또는 해당 팟캐스트 플랫폼 파트너가 직접 업로드하고 제공합니다. 누군가가 귀하의 허락 없이 귀하의 저작물을 사용하고 있다고 생각되는 경우 여기에 설명된 절차를 따르실 수 있습니다 https://ko.player.fm/legal.
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
38 에피소드
Manage episode 280124199 series 2610501
Supreme Court Library Queensland에서 제공하는 콘텐츠입니다. 에피소드, 그래픽, 팟캐스트 설명을 포함한 모든 팟캐스트 콘텐츠는 Supreme Court Library Queensland 또는 해당 팟캐스트 플랫폼 파트너가 직접 업로드하고 제공합니다. 누군가가 귀하의 허락 없이 귀하의 저작물을 사용하고 있다고 생각되는 경우 여기에 설명된 절차를 따르실 수 있습니다 https://ko.player.fm/legal.
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
38 에피소드
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Selden Society lecture series Australia
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 CJ dissented from the Court’s decision that native title had not been extinguished by grants of pastoral leases under Colonial and State legislation. The key to understanding the fundamental consistency of these two judgments lies in an appreciation of Brennan’s fidelity to the constraints upon judicial decision making required by the constitutional separation of legislative and judicial power. About the speaker The Honourable Patrick Keane AC KC is a graduate of the University of Queensland and Oxford University where he was awarded numerous academic prizes and accolades. He was admitted to the Queensland Bar in 1977, appointed Queen’s Counsel in 1988 and was Solicitor-General for Queensland from 1992 to 2005. In 2003 His Honour was awarded the Centenary Medal in recognition of his contributions to the legal profession. He was appointed a judge of the Supreme Court of Queensland Court of Appeal in 2005. The Hon Keane was appointed as the third Chief Justice of the Federal Court of Australia in 2010, and served thereafter as a justice of the High Court of Australia from 2013 until retirement in 2022. In 2023, he was appointed a Non-Permanent Judge of the Court of Final Appeal of Hong Kong. View the lecture . Support the show…
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Selden Society lecture series Australia
1 Juries—their place in democracy: achievements and challenges 48:20
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48:20It 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 Arts (Honours) (1970), Bachelor of Educational Studies (1975) and Bachelor of Laws (Honours I) (1985). The Hon Roslyn Atkinson was the recipient of the Ruthning Memorial Scholarship (1984) and several prizes, including the Wilkinson Memorial Prize (1984) for obtaining the highest results in law courses taken over the program of study. She was also awarded the James Archibald Douglas Prize (1985) for highest results in the Bar Practice Course. In 1986 the Hon Roslyn Atkinson was Associate to the Hon Sir Gerard Brennan of the High Court of Australia. After being admitted as a barrister of the Supreme Court of Queensland in 1987, the Hon Roslyn Atkinson commenced practice at the Bar. The Hon Roslyn Atkinson has served as a member (1992–94) and inaugural President of the Queensland Anti-Discrimination Tribunal (1994–97), Hearing Commissioner of the Human Rights and Equal Opportunity Commission (1994–97) and Chair of the Queensland Law Reform Commission (2002–2014). In 2015 the Hon Roslyn Atkinson was appointed an Officer of the Order of Australia for distinguished service to the judiciary and to law reform in Queensland, through contributions to the legal profession and to promoting awareness of issues of injustice and inequality in Australia and internationally. The Hon Roslyn Atkinson was appointed a judge of the Supreme Court of Queensland in 1998 and retired in 2018. Post retirement, she has had a variety of roles including being a Commissioner with the Disability Royal Commission, Chair of Screen Queensland and is currently a member of the Truth-telling and Healing Inquiry. Support the show…
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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 speaker Dr 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…
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Selden Society lecture series Australia
1 Queensland Law Society: serving ‘conscientious, honest lawyers’ 1:03:19
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1:03:19A 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 speaker Helen 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…
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Selden Society lecture series Australia
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 speaker Mr 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 speaker The 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 notes Watch the lecture Support the show Support the show…
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Selden Society lecture series Australia
1 Sir Frederick Jordan: Australia’s most influential judge? 36:38
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36:38Sir 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 speaker The 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…
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Selden Society lecture series Australia
1 Kidnapping and slavery in Queensland: the 'Jason' and the 'Hopeful' 1:00:33
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1:00:33In 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 speakers Dr 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…
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Selden Society lecture series Australia
1 Making law through practice: examples from commercial law 39:56
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39:56Sir 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…
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Selden Society lecture series Australia
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 speaker The 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 lecture Download the paper Support the show…
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Selden Society lecture series Australia
1 Justices of the US Supreme Court—Chief Justice John Marshall and the establishment of judicial review 47:31
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47:31During 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 speaker The 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…
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Selden Society lecture series Australia
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…
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Selden Society lecture series Australia
1 Mrs Chester’s lost child: inconsolable psychological injury and Justice Evatt’s finest judgement 1:04:00
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1:04:00After 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…
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Selden Society lecture series Australia
1 BONUS CONTENT: Mrs Chester’s lost child: inconsolable psychological injury and Justice Evatt’s finest judgment 8:14
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8:14Listen 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…
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