High Court (Australia) Trivia @HighCourtTrivia Twitter profile

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

The process for watching tomorrow's hearing (Djokovic v Minister) has now changed. Instead of joining a Microsoft Teams session, you now just watch a live stream. The new link is at . 10 am 1/2

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High Court (Australia) Trivia

@HighCourtTrivia

2 years

Tomorrow is the 90th anniversary of Donoghue v Stevenson, "a decision that is commonly regarded as one of the greatest works of the person who is Australia's most famous legal export to England: Lord Atkin" (Edelman J, who also pointed out "the facts probably never happened") 1/3

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

" Lord Atkin ... once said of the Bar that it is the only profession in which one goes to work each morning knowing that your workday will involve a highly intelligent individual doing his best to prove to another highly intelligent individual that you are a congenital idiot "

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

KIRBY J: How big was the gun? MR PEEK: We have it in Court … GLEESON CJ: If you are going to point it at us would you mind pointing it in the direction of Justice Callinan? Gillard v The Queen [2003] HCATrans 655 (1 April 2003)

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

Kirby J: Could you explain to me what a BMX bike is? My rather cloistered life has prevented my ever getting to know what that form of bicycle is. Counsel: I join with your Honour. I have had to find out. Leyden v Caboolture Shire Council [2007] HCATrans 475

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

I won't be tweeting today's court hearing. @karenlsweeney and @Paul_Karp will be; both recommended. Please support specialist court reporting; it's almost as important as documenting High Court whimsy.

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

MR GAGELER: A point well made by your Honour Justice Hayne ... in dissent, but no worse for that. HAYNE J: You can flatter one of us, but you have got to flatter all seven of us simultaneously. MR GAGELER: I am working my way through the list, your Honour. (4 August 2010)

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

Kirby J: How big was the gun? Counsel: We have it in Court … Gleeson CJ: If you are going to point it at us would you mind pointing it in the direction of Justice Callinan?

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High Court (Australia) Trivia

@HighCourtTrivia

2 years

6 November 1997, about TV Kirby J: Why is it called a lifestyle programme? Counsel: I think that to improve your lifestyle, your Honour's backyard, your Honour's cooking skills, and so on. Kirby J: That is what a lifestyle is? Counsel: Yes, your Honour. Kirby J: Thank you.

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High Court (Australia) Trivia

@HighCourtTrivia

2 years

A very prominent barrister once told me she filled out her Senate ballot by putting one party's candidates first, another's last. On working her way to the middle from both ends, she saw the name of a solicitor who had not paid her fees and needed to ask for a new ballot paper.

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

A good way of knowing what is happening in tomorrow's hearing (Djokovic v Minister) would be to follow the twitter account of professional court reporter @karenlsweeney and then read one of the online newspapers to which @AAPNewswire sells her articles

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High Court (Australia) Trivia

@HighCourtTrivia

2 years

Keane J: "it is not the custom of the High Court to hold farewell sittings for Justices other than the Chief Justice ... It spares the retiring judge’s family from the alarming revelation that the judge is looking forward to spending more time with them..." 1/3

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High Court (Australia) Trivia

@HighCourtTrivia

2 years

Edelman J: "when I gave my son my credit card to purchase flour, milk, eggs and butter etc., he did not need to be able to translate ejusdem generis to know that the 'etc.' did not cover a Sony PlayStation." 1/2

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

The Court has now published the Minister's written submissions in response to those from Mr Djokovic

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

20 Feb 2009, Kiefel J, "the only legal professionals available [in NSW in 1814] were 3 emancipated convicts who had practised as solicitors prior to their transportation for fraud-related offences ... This was not a very auspicious start for the legal profession in Australia" 1/2

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High Court (Australia) Trivia

@HighCourtTrivia

4 years

Edelman J today: "Words of a statute are not a secret code for lawyers. They are enacted to be read and understood by reasonable, informed people using their everyday tools of language". at [98]

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

Bell J : " The Justices of the Supreme Court of the United States are subject to a form of celebrity that would be disquieting to an Australian judge. For $24 you can buy a Ruth Bader Ginsburg coffee mug featuring a rather grim portrait of her Honour and the words 'I dissent' "

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

KIRBY J: What is a wuss? COUNSEL: I think in Victoria it is a wooz. KIRBY J: What is it? McHUGH J: It is when you drink only one glass of beer. [2005] HCATrans 208

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

1 April 2003 KIRBY J: How big was the gun? MR PEEK: We have it in Court ... GLEESON CJ: If you are going to point it at us would you mind pointing it in the direction of Justice Callinan? #ThingsCounselCannotDoFromHome

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

The s44 challenge to the eligibility of Mr Frydenberg has been listed for directions tomorrow (Thurs) at 9.30am before Gordon J

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High Court (Australia) Trivia

@HighCourtTrivia

2 years

Collective noun for Senior Counsel. A band of silks? A rustle of silks? A lustre of silks? A smoothness of silks?

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

COUNSEL: He was playing hooker - the position between two props, as I am sure most of your Honours would understand GAUDRON J: I do not think you should make that assumption. [2000] HCATrans 117

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High Court (Australia) Trivia

@HighCourtTrivia

2 years

"it is wrong to engage in elaborate analysis of a tweet": Full Court of the Federal Court today emphasised this quotation from Lord Kerr, UK Supreme Court. Bazzi v Dutton [2022] FCAFC 84, [29]

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

On the word 'drunk'. Hayne J: Perhaps 'hammered' is the more modern expression ... Counsel: I am indebted to your Honour ... McHugh J: ... Justice Hayne must live a very different life to the sort of life we lead. Kirby J: I have never heard that word ...

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

After 3 judges explained they held shares in Woolworths (a party to the appeal), Kirby J volunteered that he shopped at Woolworths. BRET WALKER SC: As long as your Honour does not strike hard bargains. Thompson v Woolworths (Qld) Pty Ltd [2005] HCATrans 7

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

Edelman J, 26 March 2018: "I ask my child to go to the shops to buy me some 'milk, eggs, flour, et cetera'. If my child returns with milk, eggs, flour, and sugar, my instructions would have been followed. But if he returns with milk, eggs, flour, and a Sony Playstation ..." 1/2

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High Court (Australia) Trivia

@HighCourtTrivia

2 years

1 April 2003 KIRBY J: How big was the gun? MR PEEK: We have it in Court ... GLEESON CJ: If you are going to point it at us would you mind pointing it in the direction of Justice Callinan?

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

French CJ at the Annual Constitutional Law Conference Dinner in Feb 2010: "I did not attend the conference sessions today. There is only limited pleasure to be derived from watching the entrails of judgments over which one has laboured being picked apart by birds of prey."

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High Court (Australia) Trivia

@HighCourtTrivia

4 years

20 Feb 2009, Kiefel J, "When the Supreme Court of New South Wales was created in 1814 the only legal professionals available in that colony were three emancipated convicts who had practised as solicitors prior to their transportation for fraud-related offences ..." 1/2

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High Court (Australia) Trivia

@HighCourtTrivia

2 years

Jagot J today: process required by Native Title Act "can be exhausting, debilitating and re-traumatising. It can exacerbate the splintering effects of the dispossession of people. It can re-open old wounds. It can generate and reinforce community dysfunction." 1/3

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

COUNSEL : a man’s home is his castle, it is his fortress ... KIEFEL J: I was hoping you would not say that, I thought we would hear about the vibes

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

COUNSEL: He was playing hooker - the position between two props, as I am sure most of your Honours would understand GAUDRON J: I do not think you should make that assumption. [2000] HCATrans 117

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

NETTLE J : Is there any reason you were not here on time? COUNSEL : No good reason, your Honours. We underestimated the queue to get through security. There was a queue of tradesmen in front of us. [2019] HCATrans 133 ( last Friday )

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

Drop a photo of yourself that looks like an album cover.

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High Court (Australia) Trivia

@HighCourtTrivia

2 years

Gaudron ex-J "placed the written Mabo judgment" on the coffin 1/2

Fond farewell for father of Native Title

Years ago, when Gerard Brennan was working in the front garden of his home in a quiet Canberra cul-de-sac one weekend, he was approached by a little girl. “This is the judge’s house, isn’t it?” she...

www.theaustralian.com.au

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

French CJ "at the end of my [undergrad] presentation the Dean of Science said to me: 'You express yourself magnificently, but I am not sure you know what you are talking about'. On this basis I felt qualified and encouraged to enter the law"

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High Court (Australia) Trivia

@HighCourtTrivia

1 year

"Indefinite immigration detention ruled unlawful in landmark Australian high court decision", reports @Paul_Karp . Kudos to The Guardian for this (I can't see it reported anywhere else yet). 1/2

Indefinite immigration detention ruled unlawful in landmark Australian high court decision

Decision overturns 20-year-old precedent and could trigger immediate release of 92 people, with detention of 340 others also in doubt

www.theguardian.com

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High Court (Australia) Trivia

@HighCourtTrivia

1 year

The Court's transcript once included Barwick CJ saying to Menzies J "Doug, watch me piss this bloke off". Counsel at the lectern was his cousin the Commonwealth Solicitor-General, Bob Ellicott. 1/3

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

High Court yesterday. Counsel cites article by Professor Anne Twomey; he refers to the Professor as "her Honour". He then immediately corrects the slip: "Professor Twomey who I have just promoted". Kiefel CJ responds "Or not"

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

This is expressly for "any member of the public"; no recording or photography is allowed 2/2

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High Court (Australia) Trivia

@HighCourtTrivia

4 years

14 Feb 2001 KIRBY J: Was Pauls not a more high class sort of ice-cream than Peters? MR MARTIN: Different views were held by different consumers on that subject, I think, your Honour, and there is no evidence bearing directly on that. KIRBY J: You do not have any samples for us?

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

Kiefel J, Feb 2009 "When the Supreme Court of New South Wales was created in 1814 the only legal professionals available in that colony were three emancipated convicts who had practised as solicitors prior to their transportation for fraud-related offences. ...

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High Court (Australia) Trivia

@HighCourtTrivia

2 years

2017 speech by Jagot J, "the relationship of Aboriginal people to land is almost outside of the conceptual sphere of Western people, particularly urban Western people" 1/3

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

6 December 2000 SOLICITOR-GENERAL: It is in the national interest that someone does not blow up the whole town of Gunnedah. GAUDRON J: You have not been there.

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High Court (Australia) Trivia

@HighCourtTrivia

4 years

Edelman J, 26 March 2018: " I ask my child to go to the shops to buy me some 'milk, eggs, flour, et cetera'. If my child returns with milk, eggs, flour, and sugar, my instructions would have been followed. But if he returns with milk, eggs, flour, and a Sony Playstation ..." 1/2

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

CALLINAN J: I have never seen the program The Panel. Just tell me, what is it about? KIRBY J: It is mostly about football, is it not? COUNSEL: No, your Honour is thinking of The Footy Show.

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

MERKEL QC : I am not sure how familiar your Honours are with the tweeting process KIEFEL CJ : I think some more than others is the answer to that. Comcare v Banerji [2019] HCATrans 51

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

The first woman to appear before the High Court in a speaking role was Joan Rosanove ( the first woman to sign the Bar Roll in Victoria ). You might have head of the case – Briginshaw v Briginshaw ( 1938 )

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High Court (Australia) Trivia

@HighCourtTrivia

1 year

A LQR editor's advice: If one needed to criticise a judgment one should say "With respect"; if the judgment was clearly wrong one must say "With great respect"; but if it had to be read to be believed one must say "With the most profound respect". () 1/3

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

Counsel: I propose to address grounds 3 and 2, and to adopt enthusiastically the submissions of the second respondent in relation to ground 1. Gummow J: Why would your enthusiasm help?

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

Gordon J : " I ... type out each of the relevant statutory provisions. I do not cut and paste them ... reinforces in my mind what statutory provision (or provisions) I am dealing with, and helps me become familiar with its text and where it sits in the framework of the statute. "

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High Court (Australia) Trivia

@HighCourtTrivia

4 years

"The society which scorns excellence in plumbing because plumbing is a humble activity and tolerates shoddiness in philosophy because it is an exalted activity will have neither good plumbing nor good philosophy. Neither its pipes nor its theories will hold water"

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

“You’re not scaring me”: the Chief Justice today, unimpressed by an argument that the Court should itself decide a case now pending in a lower court, to avoid having to urgently hear an appeal later

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

This account will soon revert to its regular task of recording the less serious side of the High Court of Australia. Please feel free to take your racquet elsewhere. Of course, this niche may yet overlap with Mr Djokovic's litigation - by about Thursday would be my guess.

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

“ If the owner of a ski resort set up warning signs at every place where someone who failed to take reasonable care might suffer harm, the greatest risk associated with downhill skiing would be that of being impaled on a warning sign. ” Gleeson CJ and Kirby J (2005) 223 CLR 422

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High Court (Australia) Trivia

@HighCourtTrivia

4 years

Kiefel CJ : "I have not read the annexures to Mr [Clive] Palmer’s affidavit which exceeded 1000 pages. Mr Palmer, you might advise those who are assisting you that they are not to file documents as large as that, even electronically. All that it ensures is that I do not read it"

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High Court (Australia) Trivia

@HighCourtTrivia

1 year

Counsel: ... I feel confident that we will finish well in advance of the end of the day. So I hope ‑ ‑ ‑ Chief Justice: We will finish today. Counsel: That is my very strong ‑ ‑ ‑ Chief Justice: That was more of a statement than a question. (Yesterday)

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High Court (Australia) Trivia

@HighCourtTrivia

2 years

28 July 2012, French CJ: "I was cross-examining a rather assertive and confident businessman who was keen on putting some gratuitous spin on his answers ... the trial judge looked at him after a while and said: 'Probably nobody has ever told you this, but you talk too much.'" 1/2

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

1 November 2006, Kirby J: "once people have fallen in love with the 'wheretofores' and the 'whereupons', it is almost impossible to rescue them and to capture their hearts as well as their minds, and bring them back to expressing things simply as they basically do in the kitchen"

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High Court (Australia) Trivia

@HighCourtTrivia

2 years

"'Coffee' as a beverage, without alcohol, is a non-alcoholic beverage": Full Federal Court today (IP law really is its own world)

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High Court (Australia) Trivia

@HighCourtTrivia

4 years

Today. Kiefel CJ: That might be a convenient time for the Court to take its morning break. Yes, your Honour. Kiefel CJ: You can busy yourself with crystallising your argument.

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High Court (Australia) Trivia

@HighCourtTrivia

4 years

3 September 2019, Edelman J "Sydney Smith was once walking down the street with a companion when he noticed two people arguing loudly with each other from opposite apartments above the street. 'They will never agree', he exclaimed. They are arguing from different premises'".

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High Court (Australia) Trivia

@HighCourtTrivia

4 years

Today Edelman J: So you basically want to run a case that your clients were far more fraudulent than you had suggested in the Full Court, in order to bolster the counterfactual? Counsel: ... That is absolutely correct, your Honour.

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High Court (Australia) Trivia

@HighCourtTrivia

4 years

Kiefel CJ spoke last year of Mr Ah Ket's career, including his early win against Owen Dixon, subsequent appearances as Dixon's junior, and appearances in significant High Court cases

Museum of Australian Democracy

@MoAD_Canberra

4 years

Australia's first barrister of Chinese descent, William Ah Ket, was born #OTD 1876. He represented Chinese-Australians challenging discriminatory legislation & in 1908 he was involved in a case that successfully challenged the White Australia policy. More:

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

Djokovic case timetable set by court yesterday: Minister's application to postpone the hearing until Tuesday rejected; Djokovic's lawyers to present their case 10am Monday; Minister's lawyers respond 3pm Monday (but can ask again for adjournment after they hear Djokovic's case).

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

Our quiz question was " In how many High Court hearings has the phrase ' the vibe' been used ? " The answer is sixteen.

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High Court (Australia) Trivia

@HighCourtTrivia

4 years

MR KIRK: Now, for the first time in my career I need to do a bit of housekeeping in a literal sense. So if your Honours give me a minute. KIEFEL CJ: Yes MR KIRK: Sorry, not the first time in my career ‑ at the Bar table, I should say. I have done lots of housekeeping otherwise

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

Applicant (appearing in person): You are not Justice Toohey by any chance? McHugh J: No, I am not. Applicant: OK McHugh J: He has retired. When I sit on special leave days I think sometimes I should be retired.

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

HEYDON J: His name is not Lord Coke. MR GAGELER: I am sorry, your Honour. HEYDON J: In what year was that lawyer given a peerage? MR GAGELER: I do not have the answer to that question, your Honour. GUMMOW J: He never was. He was just a knight. MR GAGELER: I am sorry.

John McCafferty

@jdmccafferty

5 years

22 May 1603: Edward Coke who would become one of the greatest jurists of his time, knighted by the new monarch James VI & I #otd (Trinity College Cambridge)

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

25 June 2009 ... the power under section 19 is also restricted. It is restricted to the extent of the principle that a man’s home is his castle, it is his fortress ... KIEFEL J: I was hoping you would not say that, I thought we would hear about the vibes. [2009] HCATrans 157

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High Court (Australia) Trivia

@HighCourtTrivia

4 years

Lord Neuberger: "I must have sat on over 250 Supreme Court cases, and the idea that even the cleverest judge in the world with brilliant colleagues would get 250 consecutive cases right is little short of ludicrous" (and much more, recommended)

When judges change their minds

A former president of the Supreme Court on judicial fallibility

www.prospectmagazine.co.uk

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

"in this subterfuge was consistent with his success as a used car salesman. It is rumoured that this comment elicited a letter of protest from a group representing the interests of used car salesmen. The same judge later counselled against the use of humour in judgment writing".

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

Mason CJ 20 April 1995 "one of the attractions of the Law, as I saw it in my younger days, was that it offered all the certainty of mathematics as a discipline, a view from which I was later forced to retreat when, as a law student, I began to study Constitutional Law ...

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High Court (Australia) Trivia

@HighCourtTrivia

4 years

13 July 2013 French CJ at the end of my [undergrad] presentation the Dean of Science said to me: 'You express yourself magnificently, but I am not sure you know what you are talking about'. On this basis I felt qualified and encouraged to enter the law.

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

Gleeson CJ : " In my first 5 years on the Court, 4 of the Justices had been appointed by Labor governments, and 3 by a Coalition government. The only case that I can think of in which the Court divided along those lines was a tort case of no party political significance. ... "

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

Gageler J: Well, that is the difference between you and me, Mr Walker. 2/2

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High Court (Australia) Trivia

@HighCourtTrivia

4 years

"Gaudron J [said] '... for a woman to succeed in a traditional male area, she has to be better than her male counterparts ...'... Penfold J [ACTSC] has said: 'We will not have achieved gender equality until there are just as many dopey women judges as there are dopey men judges'"

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

Counsel: The first point that we make is that the words of clause 3(1) of the settlement agreement are absolutely clear, in our respectful submission ... Kiefel CJ: If they were absolutely clear, you probably would not be here.

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High Court (Australia) Trivia

@HighCourtTrivia

2 years

On 10 April 1997 the film The Castle was released.

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

9 Feb 2010 COUNSEL: Can I leave the extraneous materials now and go directly to section 444 - - - FRENCH CJ: Extrinsic materials, I think you meant to say. COUNSEL: Yes, I did mean to say that. FRENCH CJ: But you might be right.

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High Court (Australia) Trivia

@HighCourtTrivia

2 years

I am in the rare position of, in general, agreeing with everything Mr Bannon has put as our primary position. GORDON J: Would you mind repeating that submission? MR GLEESON: Yes, thank you. It hurts me to say it, your Honour. MR BANNON: Go on, repeat it. It is a Court order.

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High Court (Australia) Trivia

@HighCourtTrivia

2 years

Edelman J today: "The legal rules concerning materiality ... are not presently in a state of blinding lucidity": Nathanson v Minister for Home Affairs [2022] HCA 26, [121]

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High Court (Australia) Trivia

@HighCourtTrivia

2 years

"Look at the way the High Court, in particular the decisions of the Chief Justice and Keane J are set out. The paragraphs are, generally, short. They use headings and break up their decisions into digestible pieces": Martin J (QSC) 1/2

The Art of Written Submissions - Hearsay

On 24 March 2022, the Honourable Justice Glenn Martin AM was appointed as the Senior Judge Administrator of the Supreme Court of Queensland. Justice Martin, a Past President of the Bar Association...

www.hearsay.org.au

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

29 August 2016, French CJ, to counsel inquiring if he should say more: "You cannot treat a judge like a cake and stick a knitting needle in and see if they are done"

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

"No one can be expected to understand equity until he is forty": the future Gummow and Heydon JJ, both in their early 30s, quoting Sir George Jessel MR ( attributed ) in the preface to their 1975 casebook on equity

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

... the Magna Carta monument ... have you seen it? CALLINAN J: Look, you cannot really ask me questions, but, yes, I did see it, Mr Wilson. Well, this is a two-way thing, you were asking me questions and I am asking you. GUMMOW J: No, it is not a two-way thing, actually. 1/2

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

Today the Court hears a case about the "multi-factorial test" for assessing whether a worker is an employee. Six years ago (in a different context) French CJ queried whether "multi-factorial test" is a polite phrase for the "vibe". 1/2

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

Menzies J : " would not 'twig' be a more appropriate word? " ( responding to counsel's statement " that concludes the first branch of my argument " ).

0

11

45

High Court (Australia) Trivia

@HighCourtTrivia

5 years

Edelman J on ejusdem generis: " I ask my child to go to the shops to buy me some 'milk, eggs, flour, et cetera'. If my child returns with milk, eggs, flour, and sugar, my instructions would have been followed. But if he returns with milk, eggs, flour, and a Sony Playstation ..."

1

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High Court (Australia) Trivia

@HighCourtTrivia

4 years

19 January 1993 "For a retired judge to lecture others on the subject of judgment-writing is to provide proof, if it were needed, of the truth of the assertion by a 17th century French moralist that men give good advice when they are no longer capable of setting bad examples."

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High Court (Australia) Trivia

@HighCourtTrivia

3 years

Gleeson CJ: What do you mean by “free choice”? Counsel: ... a choice unconstrained by any pressure ... Gleeson CJ: You would be surprised to know that there are places I would rather be than here at the moment ... but I thought I was here as a result of a free choice ... 1/2

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9

46

High Court (Australia) Trivia

@HighCourtTrivia

5 years

Today, or tomorrow, Edelman J begins his final 24 years of High Court judging.

2

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41

High Court (Australia) Trivia

@HighCourtTrivia

5 years

7 December 1995 TOOHEY J: No, the question was asked in all innocence. SIR MAURICE: I have never known a judicial question asked in all innocence in my life.

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High Court (Australia) Trivia

@HighCourtTrivia

5 years

KIEFEL CJ: Where are you appealing them to? On being asked ( today ) by a self-represented applicant for an adjournment while he appeals procedural decisions just made by a bench of five JJ of the Court. Perhaps a rare departure from just patiently, efficiently hearing him out

5

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High Court (Australia) Trivia

@HighCourtTrivia

2 years

3 February 2014, Keane J spoke about the "exclusively male phenomenon" of "the judge who has become convinced since going on the Bench that, when he was at the Bar, he was the finest advocate who ever drew breath" and so gives advocacy advice to new silks

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High Court (Australia) Trivia

@HighCourtTrivia

2 years

Edelman J's 2014 speech "Fundamental Errors in Donoghue v Stevenson?" 2/3

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High Court (Australia) Trivia

@HighCourtTrivia

4 years

It used to be said, not entirely flippantly: “It is the job of a High Court Judge to be quick, courteous and wrong. Which is not to say that the Court of Appeal should be slow, rude and right. For that would be to usurp the function of the House of Lords.”

In praise of dissenting judgments

A former Supreme Court justice says he regrets the unanimity in the prorogation case

www.prospectmagazine.co.uk

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High Court (Australia) Trivia

@HighCourtTrivia

2 years

21 April 1998 BRET WALKER SC: I will be invoking the ratio in Baumgartner - - - GUMMOW J: If you can find the ratio, you are fairly astute. MR WALKER: I will start again. There are passages in Baumgartner, the majority decision, which I will invoke

2

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High Court (Australia) Trivia

@HighCourtTrivia

4 years

24 May 1920 That argument is nonsense. Sir, I quite agree. Well, why are you putting an argument which you admit is nonsense? Because I am compelled by the earlier decisions of this Court. If your Honours will permit me to question all or any of these earlier decisions ...

1

11

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High Court (Australia) Trivia

@HighCourtTrivia

2 years

23 February 2005, Kirby J "Worst of all is a day spent lost in the wilderness of superannuation legislation. Some judges get lost there, never to emerge the same as they entered"

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