Selden Society lecture series Australia

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 than many a women beater or hardened thief suffers. If the system is to blame, it is high time that it was recast on a more merciful basis.'This lecture explores the youth crime crisis of the late nineteenth and early twentieth centuries, when the age of criminal responsibility, detention of children in watchhouses, and the housing crisis were subjects of debate and potential reform for a more compassionate approach to juvenile justice. Political, legislative and judicial responses were cohesive and introduced children's courts across the country, contributing to the 150-year legacy shaping our conversations today.About the speakerRobyn is a lecturer at Griffith Law School, specialising in criminal trial procedure and vulnerable witness testimony. She completed a Master of Criminology and Criminal Justice in 2012, and her doctoral research focused on Australia's child witness law as part of The Prosecution Project. In 2019, Robyn became Director of the Griffith University Innocence Project. She also teaches Criminal Law courses and has experience in commercial litigation and volunteering with Salvos Legal Humanitarian.Support the show

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 speakerThe 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

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 speakerThe 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 EqualOpportunity 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

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

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 (https://legalheritage.sclqld.org.au/membership-information)

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 (https://legalheritage.sclqld.org.au/membership-information)

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 (https://legalheritage.sclqld.org.au/membership-information)

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 (https://legalheritage.sclqld.org.au/membership-information)

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 (https://legalheritage.sclqld.org.au/membership-information)

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 (https://legalheritage.sclqld.org.au/membership-information)

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 (https://legalheritage.sclqld.org.au/membership-information)

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 (https://legalheritage.sclqld.org.au/membership-information)

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 (https://legalheritage.sclqld.org.au/membership-information)

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 (https://legalheritage.sclqld.org.au/membership-information)

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. Visit the exhibition.Support the show (https://legalheritage.sclqld.org.au/membership-information)

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 (https://legalheritage.sclqld.org.au/membership-information)

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 (https://legalheritage.sclqld.org.au/membership-information)

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 (https://legalheritage.sclqld.org.au/membership-information)

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 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 views resulted in his papers being seized by the authorities.In this insightful and entertaining episode, The Hon Justice Patrick Keane AC covers the myriad aspects of Coke's life including his early career and his appointments as Speaker of the House of Commons, Attorney-General, Chief Justice of the Common Pleas and Chief Justice of the King's Bench.View the speakers notes. Support the show (https://legalheritage.sclqld.org.au/membership-information)

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 heard by the Supreme Court, the High Court of Australia and ultimately the Privy Council of the United Kingdom, and involved several layers of constitutional controversy. McCawley ultimately won the case and was soon after appointed Chief Justice. Sadly, he did not live long to enjoy it—he died three years later while rushing to catch a train at Roma Street Station. https://legalheritage.sclqld.org.au/2018-lecture-fiveSupport the show (https://legalheritage.sclqld.org.au/membership-information)

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 became one of the most influential members of the Supreme Court, and her moderate and more narrowly expressed approach regularly proved to be decisive of the outcome. Listen as Justice McMurdo, the first woman to be appointed as presiding judge of an Australian appellate court, explores O’Connor’s influence on generations of women lawyers and judicial officers in the US and Australia. Support the show (https://legalheritage.sclqld.org.au/membership-information)

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 Bingham. His Honour considers the elements of style, intelligence, patience, humility and respect that combined to make Lord Bingham one of the greatest judges of the modern era. For more information on this lecture and on the Selden Society, visit the Supreme Court Library Queensland website https://legalheritage.sclqld.org.au/lecture-seven-lord-binghamSupport the show (https://legalheritage.sclqld.org.au/membership-information)

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 appeal for lawyers as an interpretative source. This lecture considers the challenges that come with using and proving historical facts and narratives in constitutional cases, and considers the role that history plays in constitutional texts and adjudication.Support the show (https://legalheritage.sclqld.org.au/membership-information)

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 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. In fact, the court repeatedly affirmed imprisonment for dissidents who were merely speaking out against government policies. Modern First Amendment law can be traced directly to a series of eloquent dissents by Holmes in subversive advocacy cases in the aftermath of the First World War.In the centenary year of his most famous dissent, this lecture examines a man of complexity and apparent contradictions through the prism of his approach to freedom of speech cases and seeks to identify what contemporary lawyers can learn from Holmes’ life experience, philosophy and eloquent contributions to the law.https://legalheritage.sclqld.org.au/selden-societySupport the show (https://legalheritage.sclqld.org.au/membership-information)

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 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 46. Support the show (https://legalheritage.sclqld.org.au/membership-information)

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 Court, Fragar’s large, layered paintings reveal the human factors in the judicial process. Joining the artist in discussion were the Honourable Justice Thomas Bradley, Dr Karen Crawley and Professor Kieran Tranter. The panel was chaired by Angela Goddard, Director of the Griffith University Art Museum. https://legalheritage.sclqld.org.au/exhibitions/next-witnessSupport the show (https://legalheritage.sclqld.org.au/membership-information)

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 evolving tastes and trends of Australia’s visual arts culture and offered public exposure to new interpretations of the portraiture genre. The legal case brought against the 1943 Archibald Prize winner, William Dobell (then a relatively unknown artist), forms part of a long history of art-world litigation built around questions of taste and changing definitions of art itself. Dobell’s prize winning portrait used distortion and exaggeration to capture the essence and character of his friend and colleague Joshua Smith; the artist sought to create an image, not merely copy one. The final, convention-breaking painting created huge public interest and stimulated debate about the definition of portraiture.The resulting court case, brought by two disaffected Archibald Prize entrants against Dobell and the Gallery’s trustees, saw two of the greatest advocates of the day—Garfield Barwick KC (for the plaintiffs) and Frank Kitto KC (for the Art Gallery of NSW)—contest the differences between caricature and portraiture over a four-day trial. In the result, the decision of the trustees was upheld: Attorney-General v Trustees of the Art Gallery of NSW (1944) 62 WN (NSW) 212. However, the case took its toll on Dobell and the other participants in this extraordinary dispute.This September marks 75 years since the case.Support the show (https://legalheritage.sclqld.org.au/membership-information)

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 major and continuing impact and importance. Visit the Supreme Court Library Queensland website for more: https://legalheritage.sclqld.org.au/2019-lecture-oneSupport the show (https://legalheritage.sclqld.org.au/membership-information)

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 first presidents of the Queensland Medical Society and carried out extensive honorary work at Catholic hospitals. As an MP he introduced Queensland's first Public Health Act, championed the improvement of public health and as an opponent of the traffic in Kanakas sponsored the bill to stop their recruitment. He was a member of Queensland's Parliament until 1886 when he returned to Ireland and was elected to the House of Commons in that country. Soon after that, political differences in Dublin led him to return to Brisbane.Learn more about this lecture on the Supreme Court Library Queensland website, https://legalheritage.sclqld.org.au/2018-lecture-threeSupport the show (https://legalheritage.sclqld.org.au/membership-information)

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. 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 September 2007 and had previously served as a judge of the Federal Court of Australia and the Supreme Court of Queensland.Support the show (https://legalheritage.sclqld.org.au/membership-information)

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 year marks the 27th anniversary of the Mabo decision. The Supreme Court Library is currently hosting the exhibition Overturning terra nullius: the story of native title, which looks at the Mabo and Wik native title cases and their influence on law reform. The exhibition is free and open to everyone, if you're in Brisbane please pay us a visit.Ground floorQueen Elizabeth II Courts of Law415 George Street, BrisbaneOpen daily 8.30am - 4.30pmSupport the show (https://legalheritage.sclqld.org.au/membership-information)

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 London. The lecture is presented by Ian Hanger AM QC, who was the original ‘McKenzie’s friend’. Support the show (https://legalheritage.sclqld.org.au/membership-information)

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 Library Queensland website, https://legalheritage.sclqld.org.au/2018-lecture-oneSupport the show (https://legalheritage.sclqld.org.au/membership-information)