Book Review: Supreme Court of Queensland: A Concise History

This excellent work, Supreme Court of Queensland: A Concise History, is a book which all Queensland legal practitioners should read.  Indeed, it should be mandatory reading for all students of law in this State.

Written by one of Queensland’s leading and scholarly silks, John McKenna S.C, the book developed from one of the projects undertaken by the Supreme Court Library to mark the sesquicentenary of the establishment of the Supreme Court in Queensland.  In that sense it is a celebration of the development and of the work of the Court and its perspective is decidedly curial.  Nevertheless, the author is not blind to the Court’s failings, some of which are hinted at occasionally.

The work is artfully and carefully illustrated with images uncovered in the holdings of the Queensland State Library, as well as some drawn from the State Archives.  They give great pleasure to the reader.  That said, that structure of this illustrated work ascribes to it the unfortunate taint of a “coffee table” work.  It is not.  It is far more than that.  The text of the book has been thoroughly researched and purposefully written.  Moreover, it provides an important perspective to the development of the quintessential elements of the justice system in Queensland.   If you are ever fortunate enough to locate a copy of the unillustrated manuscript, that is well worth reading by itself as the somewhat magnificent images in the published work do tend to distract from the importance of the text.

The general path of the book follows the development of the Queensland judicial system from its rudimentary beginnings as a Court of the Moreton Bay penal settlement and as a circuit court of the colony of New South Wales to the establishment of the Supreme Court proper in 1859 (or was that 1861?) and its development to the present day.   However, those who do not have any passion for history should not be perturbed.  The discussion is far from dry.  Being a history of a court, it is more about people than an institution.  That being so it is varietal and it reveals an intriguing assortment of judicial personalities, many of whom added greatly to the development of the Court.  Whilst Griffith CJ was no doubt exceptional, the contributions of the early pioneering judges such as Lutwyche CJ, Cockle CJ and Pring J are celebrated.  The great steps forward under the stewardship of the present Chief Justice during a period of dramatic modernization are also given due recognition.

The work also discusses the events and personalities surrounding some of the more controversial times of the Court, including the recurring conflicts between the Court and the Executive.  For those not familiar with the cause célèbre which engulfed the case of Queensland Investment and Land Mortgage Company Ltd v Grimley and those who participated in it, the discussion of it makes for fascinating reading.  So too is the treatment of the clashes between the Supreme Court on the one hand and T J Ryan and E G Theodore on the other.   Although the perspective of the book might lean towards the Court in relation to those disputes, the perspicacious Forward written by Keane CJ reminds us of two important matters.  First, that those conflicts were partly the result of the societal and religious divisions of the time and in relation to such conflicts the concepts of right and wrong are rarely apparent.  Second, the opinion of the Judicial Committee in McCawley v The King (1928) 20 CLR 106, esp 114 — 116; upheld Ryan’s assertion of the supremacy of the Parliament concerning its ability to reshape itself by constitutional amendment and to effect social and economic change.

A necessary theme of the book is the consideration of the appointment of judges to the Court.  Whilst a topic of that nature bristles with difficulty and potential controversy, the author deftly and dispassionately describes the events surrounding some of the various political appointments to the Bench (ending such discussion well before the appointment of any sitting member of the judiciary).  The author undertakes only a factual discussion of such appointments and eschews any direct or indirect commentary in relation to them.  That said, after reading the book one is left with the almost inevitable conclusion that given the importance of the appointment of judges to the Supreme Court, it is something that might be better undertaken by a non-political and independent body.  As the history of the Court reveals its importance as a societal institution can never be under-estimated and, lest the efficacy of the institution be undermined, those that grace its Bench must uniformly be suited to the high demands which the office requires.

The book also identifies some of the more curious episodes in the life of the Supreme Court.  One occurred during the dispute between Lutwyche CJ and the Executive Government, which resulted in Lutwyche petitioning Her Majesty, in which Petition he asserted that the first Parliament of Queensland was invalid as were the laws which it had passed.  The British Law officers agreed, resulting in the Imperial Parliament passing retrospective validating legislation in the form of the Australian Colonies Act (1861).  Another, and more notorious episode, was the arson attack by David Brooks upon the Supreme Court building in 1968.  This discussion is supported by some excellent images of the aftermath of the conflagration including Brook’s now infamous melodramatic calling card with the script, “Judge not lest you be judged, Sinner”.

The work also considers the development of the Court’s infrastructure from its inception.  There are descriptions of the difficulties encountered by the early Supreme Court including the travails of Sheppard J (the first Northern Judge), who for many years was required to conduct his Court proceedings in a slab hut.  There are also descriptions of the development of Court houses across the state.  Reference is made to the great colonial architects in Charles Tiffin and his protégé, FDG Stanley and the book is beautifully illustrated with images of their wonderful creations.  For those familiar with the concept of semiotics in architecture, it is easy to identify in the works of Tiffin and Stanley the societal designations and metaphorical statements appropriate to the highest court in the State and the third pillar of Government; stability, longevity, rationality, historical underpinning and permanency.  One can only wonder at what those great architects would have thought of the Supreme Court buildings opened in Brisbane in 1981 and 2012.

This book is an interesting and compelling read.  Most importantly of all it provides perspective to the development of an important Queensland institution.  It reveals the ever increasing need for a strong Supreme Court; one able to withstand the excesses of the Executive Government; one which is resilient to machinations of the Executive Government; and one able to command the respect of the profession and the public.  Whilst views will differ as to whether or not the Court has previously or now lives up to these lofty standards, the history of the Court shows that pursuit of them should always remain a priority.

R M Derrington Q.C

Supreme Court of Queensland: A Concise History by John McKenna S.C University of Queensland Press, 2012, 247 pages including preface, forward by Keane CJ, biographies and index, ISBN 978-0-7022-4948-8 RRP $100.00, hardcover.