Supreme Court of NSW
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Speeches

Chief Justice Spigelman's Speeches / Judicial Speeches and Papers / Speeches by past Supreme Court Judges / Speeches to the Judges

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Judicial Speeches and Papers


Chief Justice
Spigelman, CJ

Justices
Allsop PHall JMcClellan CJ at CL
Austin, JHammerschlag JMcColl JA
Barrett JHamilton JMcDougall J
Basten JAHarrison JNicholas J
Beazley JAHidden JPalmer J
Bell, JAHislop JPrice J
Bergin, JHoeben JRein J
Brereton JHowie JRothman J
Buddin JIpp JATobias JA
Campbell JAJohnson JWhealy J
Einstein, JLatham JWhite J
Fullerton JMacready AsJYoung CJ in Equity
Gzell JMcCallum J175th Anniversary Speeches


Speeches by past Supreme Court Judges

Abadee JLevine, JSheller, JA
Bryson JAMason PSperling, J
Dowd, JMeagher JAStein JA
Dunford JPowell JASully J
Handley JASantow JAWood, J
Heydon JAShaw J





Speeches to the Judges


Sir Anthony Mason
Justice Michael Kirby
T E F Hughes AO QC
The Honourable J P Slattery AO QC

































Chief Justice Spigelman



30 May 2008Address On The Retirement Of The Honourable Justice Mason AC
12 March 2008Legitimate And Spurious Interpretation
11 March 2008The Application Of Quasi-Constitutional Laws
10 March 2008The Common Law Bill Of Rights
8 February 2008Consistency and Sentencing
29 January 2008Opening Of Law Term Dinner
22 January 2008Bicentenary Of The Coup Of 1808
21 January 2008Foundations Of The Rule Of Law In Australia
14 December 2007Address On The Retirement Of The Honourable Justice G F K Santow AO
14 November 2007Lions In Conflict: Ellesmere, Bacon And Coke Treason And Unity
24 October 2007The Significance Of The Integrity System
9 October 2007Commercial Litigation And Arbitration: New Challenges
5 October 2007A Guide To Sentencing
31 August 2007Judicial Appointments and Judicial Independence
10 August 2007International Commercial Arbitration Conference address
5 July 2007Address to the Australian Association Of Crown Prosecutors
7 June 2007International Commercial Litigation: An Asian Perspective
26 May 2007The Foundation Of Western Shanghai
30 April 2007Judicial Independence: Purposes And Threats
24 March 2007Access To Justice And Access To Lawyers
21 March 2007From Text To Context: Contemporary Contractual Interpretation
16 March 2007Address To The Conference Celebrating 80 Years Of The Australian Law Journal
28 February 2007Address On The Occasion Of The Retirement Of The Honourable Justice John Bryson
29 January 2007Opening Of Law Term Dinner, 2007
15 December 2006Address On The Retirement Of The Honourable Justice Handley AO
14 November 2006Lions In Conflict: Ellesmere, Bacon And Coke The Years Of Elizabeth
4 October 2006Occasional Address - Australian Catholic University Spring Graduation Ceremony
20 September 2006Shanghai And The West: First Contact
16 September 2006Measuring Court Performance
31 August 2006Formal Opening Ceremony, Court Of Criminal Appeal, Bathurst
22 August 2006Case Management In New South Wales
10 May 2006Address To Parole Authorities Conference 2006
2 May 2006Transaction Costs And International Litigation
28 February 2006Judicial Exchange Between Australia And Japan
30 January 2006Opening Of Law Term Dinner, 2006
5 November 2005Sesquicentenary Of The University Of Sydney Address
27 October 2005The Charles Perkins Memorial Oration 2005
20 October 2005Formal Opening Ceremony - Court of Criminal Appeal at Albury
20 September 2005The Principle of Open Justice: A Comparative Perspective
14 September 2005Negligence: Is Recovery for Personal Injury too Generous?
8 September 2005Judicial Review and the Integrity Branch of Government Address
31 August 2005Address on the Retirement of the Honourable James Wood AO
26 July 2005Statutory Interpretation and Human Rights. Address to the...
1 June 2005The internet and the right to a fair trial. Address to the...
29 April 2005Address on the Retirement of the Honourable Justice Sheller
15 April 2005Occasional Address Faculty of Law Graduation Ceremony University of NSW
18 March 2005The Principle of Legality and the Clear Statement Principle
31 January 2005Opening of Law Term Dinner 2005
29 October 2004Occasional Address - Graduation Ceremony: Policing Studies - Charles Sturt University
28 October 2004Federal Law Review - 40th Anniversary Dinner
28 October 2004Blackstone, Burke Bentham and the Human Rights Act 2004 (ACT) - Keynote Address 9th International Criminal Law Congress.
14 September 2004The New Liability Structure in Australia - Swiss Re Liability Conference
2 September 2004Integrity and Privative Clauses - The Third Lecture in the 2004 National Lecture Series
24 August 2004Formal Opening Ceremony Court of Criminal Appeal, Lismore
15 August 2004Victory in the Pacific Commemoration Service
5 August 2004Jurisdiction And Integrity - The Second Lecture In The 2004 National Lecture Series
6 July 2004Tort Law Reform In Australia - Address To The London Market At Lloyd's
16 June 2004Tort Law Reform In Australia - Address To The Anglo-Australian Lawyers Society & The British Insurance Law Association
28 May 2004Occasional Address - Law Graduation Ceremony - University of Sydney
29 April 2004The Integrity Branch of Government - The First Lecture in the 2004 National Lecture Series for the Australian Institute of Administrative Law.
15 March 2004Address on the Occasion of the Retirement of the Honourable Justice R P Meagher
21 February 2004Our Common Law Heritage - Address to the 2004 Joint Study Institute of Law Librarians
02 February 2004Opening of Law Term Dinner, 2004
19 December 2003Address at the Closing Ceremony of the Compensation Court of New South Wales
28 November 2003Open Justice and the Internet - The Law via the Internet 2003 Conference
10 November 2003Reasons for Judgment and the Rule of Law - The National Judicial College, Beijing and The Judges' Training Institute, Shanghai
6 November 2003Commercial Causes Centenary Dinner
25 October 2003The Truth Can Cost Too Much: The Principle of a Fair Trial - The Fourth Gerard Brennan Lecture
29 September 2003Becket and Henry II: The Martyrdom
04 September 2003Forensic Accounting in an Adversary System - Address to the 4th Annual National CA Forensic Accounting Conference
13 August 2003Address on the Occasion of the Opening of the Refurbished Court 3 of the King Street Supreme Court Complex.
2 July 2003Judging Today - Address to the Local Courts of NSW 2003 Annual Conference
27 May 2003Negligence and Insurance Premiums: Recent Changes in Australian Law - The Spencer Mason Trust Lecture, Auckland
22 May 2003Address by the Honourable J.J. Spigelman AC to launch Phillip Ayres' Owen Dixon: A Biography
24 April 2003Retirement from the Supreme Court and the Court of Appeal of the Honourable Justice Paul Stein AM
8 April 2003Dealing with Judicial Misconduct - 5th World wide Common Law Judiciary Conference
20 March 2003The Rule of Law in the Asian Region
7 February 2003Address on the Occasion of the Retirement of the Honourable Justice J D Heydon
3 February 2003Opening of Law Term Dinner, 2003
22 January 2003The Rule of Law and Enforcement
20 November 2002Foundations of the freedom of the press in Australia - The Inaugural Australian Press Council address
11 November 2002Re-dedication of the honour roll in the original Supreme Court building
8 November 2002Address upon the occasion of the retirement of the Honourable Mr Justice Philip Powell AM
29 October 2002Are Lawyers Lemons? Competition Principles and Professional Regulation
12 October 2002The Idea of a University
8 October 2002Becket and Henry II: Exile
16 July 2002Convergence and the Judicial Role: Recent Developments in China - Address to the XVIth Congress of the International Academy of Comparative Law
11 July 2002Convergence and the Judicial Role: Recent Developments in China - Address to the China Education Centre, University of Sydney
June 2002Guide to Judicial Conduct
17 May 2002The Maintenance of Institutional Values
27 April 2002Negligence: The Last Outpost of the Welfare State
Negligence: The Last Outpost of the Welfare State (Summary)
8 February 2002Formal Opening Ceremony Court of Criminal Appeal at Dubbo
29 January 2002Opening to Law Term Dinner 2002
11 December 2001Farewell Ceremony for the Honourable Justice Lancelot John Priestley
28 November 2001Quality in an Age of Measurement: The Limitations of Performance Indicators
8 November 2001Law and Justice Address to the Law and Justice Foundation
31 October 2001Judicial Ethics: Accountability and Education - Paper to the Judicial Ethics Training Course, National Judicial College, Beijing
28 August 2001The Dangers of Partial Rationality: Address at the launch of the University of New South Wales Law Journal
20 August 2001Becket & Henry II: The Conflict
7 August 2001The Poet's Rich Resource: Issues in Statutory Interpretation
27 July 2001The 'New Public Management' and the Courts - Address to the Family Courts of Australia 25th Anniversary Conference
9 July 2001Citizens, Consumers and Courts - International Conference on Regulation Reform and Scrutiny of Legislation
17 May 2001 Address on the Occasion of the Re-opening of No 2 Court Francis Greenway Wing King Street Supreme Court Complex
10 May 2001 Judicial Accountability and Performance Indicators
29 January 2001Address at the Opening of Law Term Dinner for the New South Wales Law Society
13 November 2000Opening Address at the Annual Conference of the Aviation Law Association of Australia and New Zealand
9 November 2000Address to the LEADR Dinner - University and Schools' Club Sydney
8 November 2000Occasional Address at the College of Law Graduation Ceremony
28 October 2000Address to the UNSW Symposium 2000 - Mandatory Sentencing - Rights and Wrongs
26 October 2000The 14th Lionel Murphy Memorial Lecture - Economic Rationalism and the Law
25 October 2000Address at The State Funeral for Charles Nelson Perkins AO
25 August 2000Admission of Legal Practitioners
15 August 2000Becket and Henry II: The New Archbishop - The Second Address in the Becket Lecture Series
10 July 2000Address to the Australia-Britain Society on the Centenary of the Signing of the Australian Constitution Act
2 July 2000Queen's Trust for Young Australians - Forum for Developing Tomorrow's Leaders
30 May 2000Occasional Address at the Aeronautical Engineering Graduation Ceremony
15 May 2000Address to The Selden Society - A Twelfth Century Succession at York
27 April 2000Address at the Graduation Ceremony of the University of Western Sydney, Nepan
6 April 2000Speech to the Australian Insurance Law Assocation Annual Conference
2 April 2000Speech to the Annual Conference of Judges of the High Court and Court of Appeal of New Zealand
13 March 2000Ceremonial Sitting at Wagga Wagga
31 January 2000Opening of the Law Term Dinner
27 October 1999Becket and Henry II: Select Ruminations
22 October 1999Access to Justice and Human Rights Treaties
15 October 1999Dedication of a Memorial to Israeli Athletes and Officials
9 October 1999Seen to be Done: The Principle of Open Justice
6 September 1999Address to celebrate the 150th Anniversary of the University of Sydney
25 August 1999Women Lawyers Association of NSW
15 August 1999Victory in the Pacific
12 August 1999Red Cross Gala Dinner - 50th Anniversay of the Geneva Conventions
6 August 1999The Medico-Legal Society of New South Wales Annual General Meeting
24 June 1999Sentencing Guidelines Judgments
3 June 1999Magistrates' Institute of NSW Annual Dinner
17 May 1999175th Anniversary of the Supreme Court of New South Wales
7 May 1999Compensation Court Annual Conference
9 April 1999The Tradition of Ethical Service by Members of the Legal Profession
23 March 1999Sir Ninian Stephen Lecture: Statutory Interpretation - Identifying the Linguistic Register
16 February 1999Sydney Boys High School
1 February 1999Opening of the Law Term
10 December 1998Rule of Law: Human Rights Protection
5 December 1998Sydney Grammar
15 October 1998Address to PIAC and PILCH Anniversary Dinner
12 October 1998New Approach to Criminal Sentencing
7 September 1998Foundations of Administrative Law - 1998 SPANN Oration - Institute of Public Administration New South Wales Division
26 August 1998Launch of the Australian Law Reform Commission's Report - Australia's Federal Record: A Review of the Archives Act 1983
20 August 1998New South Wales Ethnic Affairs Commission - Second Annual Oration
25 May 1998Swearing In Ceremony of The Honourable J J Spigelman QC as Chief Justice of The Supreme Court of New South Wales
 

 
Justice Allsop
 


 
2 June 2008Swearing in as President of the Court of Appeal

 

 
Justice Austin
 


 
21-23 May 2008Some Remarks on the Launching of the Code of Professional Practice
24 October 2007Mergers And Acquisitions 2007
20 July 2007Implications of the Sons of Gwalia decision
16 March 2007Remarks on the launching of Company Directors and Corporate Social Responsibility: UK and Australian Perspectives
13 March 2007Remarks at the launching of the Allens Arthur Robinson Annual Review of Insolvency & Restructuring Law, 2006
12-13 October 2006The Legal Standard of Loyalty and Professional Guidelines
11-12 August 2006Hip-pocket injuries in workouts: Accessory liability for bankers and advisers
2 March 2004 Superannuation Lawyers Association Of Australia - Libby Slater Plenary Session
9 February 2004Some reflections on managing corporate and commercial cases
26 November 2002Directors Duties and Financial Responsibilities
19 November 2002The Company Secretary: Then and Now
3 November 2000Conference on the Future of Corporate Regulation
 
 

 
Justice Barrett
 


 

23 February 2006The Principle in Re Hastings-Bass
24 August 2003The “Most Wrong” Equity Cases 1990 – 2003: Attorney General V Blake
6-7 August 2005Cross Border Insolvency – Aspects Of The Unctral Model Law
19 March 2001Swearing In Ceremony of The Honourable Reginald Ian Barrett
 

 
Justice Basten
 


 

26 June 2008Administrative Law And Statutory Interpretation
9 May 2008Judicial Review: Intensity Of Scrutiny
3 April 2008The 2008 Sir Ninian Stephen Lecture
26 March 2008Administrative Law – A Perspective From The Bench
14-15 June 2007Natural Justice: Is There Too Much, Too Little Or Just The Right Amount?
30 October - 4 November 2005Court and Media Relationships
30 October - 4 November 2005Judicial Conduct: Relationship with Government
30 October - 4 November 2005Judicial Attributes
21 July 2005Comment on Paper by Professor Carol Harlow
30 June 2005 Limits on Procedural Fairness
2 May 2005Swearing in Ceremony of The Honourable John Basten QC As a Judge of the Supreme Court of New South Wales
 

 
Justice Beazley
 


 

14 March 2008Calderbank offers




 

 
Justice Bell
 


 

27 January 2005How to Preserve the Integrity of Jury Trials in a Mass Media Age
25 March 1999Swearing In Ceremony of Virginia Margaret Bell, SC as a Judge of the Supreme Court of NSW
 
 

 
Justice Bergin
 


 

31 March 2007Litigation And Globalisation
26 October 2005Presentation Of Commercial Cases In The Supreme Court Of New South Wales
5 May 2004Methodology of the management of construction disputes in the Supreme Court of New South Wales
26 November 2003Equity in Practice
6 November 2003Commercial Causes Centenary Dinner
26 August 2003Commercial Litigation: Tips for Success and Traps for the Unwary: A Judge's Perspective on Case Preparation
26 July 2003A Judicial Perspective on what the Court expects from legal practitioners in equity and commercial litigation
17 April 2003Conferral of Degrees Ceremony, Division of Law, Macquarie University
22 October 2002National Judicial Orientation Programme - Time Management
04 May 2000Women In Health Law
28 November 2000Interlocutory Procedures
12 November 1999
29 October 1999
Professional Legal Education in the Multi-Disciplinary Corporate Environment
Women on Statutory Boards
1 March 1999Swearing In Ceremony of Patricia Anne Bergin, SC as a Judge of the Supreme Court of NSW
 

 
Justice Brereton
 


 
28 March 2008Costs Update
September 2007Evidence In Civil Proceedings: An Australian Perspective On Documentary And Electronic Evidence
31 August 2007Costs – The Proportionality Principle
16 March 2007Equitable Estoppel In Australia: The Court Of Conscience In The Antipodes
October 2006Where Death And Divorce Meet: The Intersection Of Family Provision And Family Law
12-13 August 2006Aspects Of Advocacy: The Effective Presentation Of Evidence
October 2005Part VIIIAA Of The Family Law Act Update:Orders And Injunctions Binding Third Parties
21 September 2005Recent Developments In Family Law: Bankruptcy, Third Parties And Other Matters
15 August 2005 Swearing in Ceremony of the Honourable Paul Le Gay Brereton SC as a Judge of the Supreme Court of New South Wales
 

 
Justice Buddin
 


 


30 January 2002Swearing-in Ceremony
 

 
Justice Campbell
 


 

28 February 2008Exercise by Superannuation Trustees of Discretionary Powers
28 November 2007Some Historical and Policy Aspects of the Law of Equitable Liens
23 August 2006Some aspects of the practical operation of litigation relating to deceased estates
8 March 2006Some Aspects of Privilege Concerning Communications with Lawyers
18 August 2005 Variation of Church Trusts
17 November 2004 How To Get Paid - Notes for Trustees
3 March 2004 The Purpose of Pleadings
24 August 2003Contempt By Frustrating Injunctions - Jockey Club v Buffham - The Facts
26 October 2001Swearing in Ceremony of The Honourable Joseph Charles Campbell QC
 

 
Justice Einstein
 


 
11 May 2008Judging the Judges
July/August 2005Trends in International Commercial Litigation Part II* - The Future of Foreign Judgment Enforcement Law
May/June 2005Trends in International Commercial Litigation Part I – The Present State of Foreign Judgment Enforcement Law
2004Principles and Rules of Transnational Civil Procedure and their Application to New South Wales
October 2004Judicial Ethics [In Court perspective] - Paper 1
October 2004Judicial Ethics [Out of Court perspective] - Paper 2
October 2004An Examination of the Application of the General Principles of the Rule of Law to the Court Structure and Judiciary of the State of New South Wales
15 August 2001Technology in the Court Room - 2001 - [Friend or Foe?]
14 November 2000Understanding the Evidence Act 1995 - A Daunting Task !
1 September 1997Swearing-In Ceremony of the Honourable Justice Einstein
 

 
Justice Fullerton
 


 

19 February 2007Swearing In Ceremony Of The Honourable Elizabeth Fullerton SC

 

 
Justice Gzell
 


 


12-13 October 2006The Taxpayer’s Duty Of Disclosure (Paper)
12-13 October 2006The Taxpayer’s Duty of Disclosure (Speech)
27 July 20066th States’ Taxation Conference Dealing With State Taxes
1 May 2006The Legacy Of Justice Graham Hill
4 February 2002Swearing-in Ceremony
 

 
Justice Hall
 


 


8 March 2005Swearing-In Ceremony Of The Honourable Peter Michael Hall QC
 

 
Justice Hamilton
 


 


12 March 2008Lawyer-Client Privilege in Litigation
1 June 2007Containment Of Costs: Litigation And Arbitration
11 March 2006Developments In Civil Procedure
16 August 2005 The New Procedure - Nuts And Bolts For Judicial Officers
19 September 2004 The NSW Civil Procedure Bill 2004 And The Uniform Civil Procedure Rules - An Introduction
28 June 1999Judicial Independence: Old Principles - New Developments

 

 
Justice Hammerschlag
 


 


30 January 2007Swearing-In Ceremony Of The Honourable David Jacob Hammerschlag

 

 
Justice Harrison
 


 


12 February 2007 Swearing in Ceremony Of The Honourable Ian Gordon Harrison


 

 
Justice Hidden
 


 

May 2003Public Defenders' Conference - Common Ethical Problems For The Criminal Advocate
 

 
Justice Hislop
 


 
    23 March 2004
Swearing-In Ceremony of The Honourable John David Hislop as a Judge of the Supreme Court of New South Wales
 

 
Justice Hoeben
 


 

    16 August 2004
Swearing-in Ceremony of the Honourable Clifton Ralph Russell Hoeben AM RFD SC as a Judge of the Supreme Court of New South Wales
 

 
Justice Howie
 


 


10 February 2008Sentencing Discounts – Are they worth the effort?
18 August 2007Criminal Law Review 2007
2 August 2007Review of the Criminal Law 2007
11 October 2000Swearing In Ceremony of the Honourable Roderick Neil Howie QC
 

 
Justice Ipp
 


 

1 November 2007Paper delivered at the launch of "Principles of Planning Law" by Mr Les Stein
17 May 2007The Politics, Purpose and Reform of the Law of Negligence: Paper given at the Conference of the Australian Insurance Law Association at Noosa
30 March 2007The Metamorphosis of Slip and Fall: Paper given at the New South Wales State Conference of the Australian Lawyers Alliance at the Hunter Valley Gardens
16 March 2007Themes in the Law of Torts: Paper given at the Judges' Review Conference 2007: Past, Present and Future Perspectives on the Law at the Westin Hotel
2 September 2006Problems with Fact-finding
13 and 19 October 2004The Trial Judge's Duties from an Appellate Point of View: Edited Version of a Paper given at a Conference in Beijing organised by the National Judicial College, Beijing, 13 October 2004 and to the Shanghai Judicial College, Shanghai, 19 October 2004
12 and 19 October 2004Ethical Problems with Judicial Activism: Edited Version of a Paper given at a Conference in Beijing organised by the National Judicial College, Beijing, 12 October 2004 and to the Shanghai Judicial College, Shanghai, 19 October 2004
11 and 19 October 2004Judicial Bias: Edited Version of a Paper given at a Conference in Beijing organised by the National Judicial College, Beijing, 11 October 2004 and to the Shanghai Judicial College, Shanghai, 19 October 2004
1 May 2004Personal Responsibility in Australian Society and Law: Striving for Balance - Edited version of Oration delivered at Annual Scientific Meeting, Australian and New Zealand College of Anaesthetists, Perth, WA on 1 May 2004
15 September 2003Policy and the Swing of the Negligence Pendulum
8 May 2003Judges and Judging - President's Lecture to Annual Scientific Congress of Royal Australian College of Surgeons.
January 2003Negligence - Where Lies the Future?
May 2001Enduring Values and Change
 

 
Justice Johnson
 


 

    1 February 2005
Swearing-In Ceremony of the Honourable Peter Anthony Johnson SC as a Judge of the Supreme Court of New South Wales
 

 
Justice Latham
 


 

    12 April 2005
Swearing-In Ceremony of the Honourable Megan Fay Latham as a Judge of the Supreme Court of New South Wales


29 October 2004The uniform management and disposition of Construction law cases in Australia


 


 
Justice McCallum
 


 
30 January 2008Swearing-In Ceremony Of The Honourable Lucy McCallum


 

 
Justice McClellan, Chief Judge at Common Law
 


 

7 June 2008Two Contemporary Challenges: The Role Of Deterrence In Sentencing And The Effective Use Of Experts
April 2008Some Benefits Of Mediation
April 2008ADR – An Introduction
25 March 2008