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The Francis Forbes Society for Australian Legal History

NOTE: The next Forbes Tutorial is on Tuesday 30 August in Banco Court on Roman Law, presented by Justice Emmett.   The Society aims to bring together scholars, lawyers and the general public interested in Legal History. It sponsors lectures, competitions, research projects and a variety of seminars and discussion groups.

Sir Francis Forbes was the first Chief Justice of New South Wales and worked hard to establish the legal framework for the new colony. Further details are in our Biography Section.Francis_Forbes_colour

Oil Painting of Sir Francis Forbes by an unknown artist.

Membership Information and forms for the 2016/2017 year are available in the Membership page above.

Supreme Court Remembrance Event

On the Eve of Remembrance Day 2016

the Supreme Court commemorates the sacrifice and service of the New

South Wales Legal Profession in the First World War

by telling the stories of the New South Wales lawyers who were there

When: Thursday, 10 November 2016,   5:00 – 6:15 PM

Venue: Banco Court  Level 13, Law Courts Building

Queens Square, Sydney

Introduction by the Hon Tom Bathurst AC

Chief Justice of New South Wales

Followed by presentations on:

Lieutenant General James Gordon Legge

the Sydney barrister and law reporter who became Chief of the General Staff in WW1

By Major General the Hon Justice Paul Brereton AM

Colonel Henry Norman MacLaurin

the leading barrister who was killed in the Gallipoli campaign

By Rear Admiral the Hon Justice Michael Slattery RANR

Charles E W Bean

the barrister and journalist who became Australia’s official war historian

By the Hon Justice Geoff Lindsay

There will be a block of reserved seating made available in Banco for the Judiciary. The evening is to finish by 6.15.



Forthcoming Events: Tutorials on Legal History

It’s a busy time for the Society in the coming weeks!

The following tutorials are scheduled for October and November, all of which will be held at 5.15pm in Banco Court – and they all FREE!

  • Chief Justice Bathurst will deliver a legal history tutorial titled, ‘The History of Contract Law’ on 9 November 2016.
  • Justice Emmett will deliver the second part of his tutorial on Roman Law on 30 November 2016.

Oxford Edition of Blackstone

Oxford University Press is offering Forbes members a discount on the ‘Oxford Edition of Blackstone: Commentaries on the Laws of England: Books I, II, III, and IV’ edited by one of our members, Wilfrid Prest (Professor Emeritus of History and Law University of Adelaide) – see the attached flyer.   blackstone_oxfordeditionofblackstone


The Holt Prize

Australia’s richest law book prize for first time authors. The deadline for submissions is 31 March 2017. The Holt Prize is awarded every two years to a first-time author of an unpublished legal work of an academic or practical nature. The Holt Prize winner will receive a $12,000 cash prize and a publishing contract with The Federation Press. Click on the following link for further details: holt-prize-2017-flyer



Early Modern English Legal History Scholarship

Applications are invited for a scholarship leading to the degree of PhD in the School of Law, University of Adelaide

The scholarship is supported by the Australian Research Council under Discovery Project DP160100265: ‘A New History of Law in Post-Revolutionary England, 1689 1760′ (Chief Investigators: Em. Prof Wilfrid Prest and Prof David Lemmings, University of Adelaide, and Dr Mike Macnair, University of Oxford).

The successful candidate will pursue research leading to a PhD on some aspect of the English legal order, c.1689-1760. Prof. Prest is particularly interested in supervising research on case notes and law reporting or another aspect of legal literature during the later seventeenth and eighteenth centuries. However candidates are encouraged to outline (in no more than 250 words) any proposal they may have for a thesis topic related to the overall field of study.

Applicants must be acceptable as candidates for a PhD degree at the University of Adelaide. International candidates are welcome, as are Australian citizens and permanent residents.

The scholarship will be for three years full-time study, with a stipend of $31,288 per annum. It is likely to be tax exempt, subject to Taxation Office approval.

Enquiries: Prof. Em. Wilfrid Prest, Adelaide Law School Tel +61 (08) 8313 5883

Fax +61(08) 8313 4344

Email: wilfrid.prest@adelaide.edu.au

Application for Admission by domestic students must be submitted using the Online Application Form available at: https://hdrapp.adelaide.edu.au/auth/login

International students should use the Online Application Form available at: https://international-hdr.adelaide.edu.au/login

Please email a summary of your application for admission to Dr. Helen Payne with “Application for Legal History PhD Scholarship” in the subject heading.

You can request a copy of your application summary by emailing scholarships@adelaide.edu.au with the subject heading ‘Request for application summary’.

History of Equity Podcast

NOTE: Next Forbes Tutorial is on Tuesday 30 August in Banco Court on Roman Law, presented by Justice Emmett.

Joe Campbell QC, formerly a judge of the Supreme Court of NSW and now an Adjunct Professor at Sydney Law School, has prepared a series of podcasts on the History of Equity.


They can be accessed if you cut and paste  the following link:


These are an instructive introduction to the history of the Equity jurisdiction.


Forbes Projects



Future projects


The Society is dedicated to studying and documenting the history of Australian law and encourages its members to participate actively in its affairs, including in developing any projects that the Society might support.  Please don’t hesitate to contact the Secretary of the Society (secretary@forbessociety.org.au) if you have a project that you wish to bring to the attention of the Society.

The Forbes Lecture


The Annual Forbes Lecture is an important event in the Forbes Society calendar.  This year’s lecture was delivered by Professor Jane Stapleton on 14 July 2016 at 5.15pm in the NSW Bar Association Common Room.


The Hon Justice Virginia Bell AC  chaired the lecture.


Professor Stapleton is a Professor at the Australian National University and the University of Texas, School of Law.  She is the Master of Christ’s College, University of Cambridge.


The title of Professor Stapleton’s lecture was “Lady Margaret Beaufort and the Law”.  Lady Margaret Beaufort was the mother of King Henry VII and, among many other things, established Christ’s College, Cambridge in the 1500s.  Professor Stapleton’s well attended lecture provided a fascinating insight into this remarkable woman and her relationship with the law.

New Conference: Emotions in Legal Practices: Historical and Modern Attitudes Compared,

 Registrations are now open to attend a 2-day international conference, Emotions in Legal Practices: Historical and Modern Attitudes Compared, at The University of Sydney 26-28September 2016.


This interdisciplinary conference aims to stimulate genuine debate and encourage serious reflection on the enduring ‘problem’ of rationality and emotions. Our aim is for scholars and legal practitioners to bring their different disciplinary expertise to reconsider collectively the role of emotions in legal practices both historically and today and, potentially, inform new legal policies.


Further details are available on the Centre for Emotions website: http://www.historyofemotions.org.au/events/emotions-in-legal-practices-historical-and-modern-attitudes-compared/?date=2016-09-27

Registration is free but bookings are essential. Please register at http://alturl.com/zyfjq

 Date: 26-28 September 2016 (commencing with a public lecture on the evening of 26 September by Prof. Annalise Acorn, Faculty of Law, University of Alberta, Canada).

Venue: Holme Building Refectory, Science Rd, The University of Sydney, 2006

Conference organisers: Merridee Bailey (The University of Adelaide) and Kimberley-Joy Knight (The University of Sydney)

Enquiries:  Jacquie Bennett (jacquie.bennett@adelaide.edu.au)

Registration: Registration is free, but essential as places are limited

Confirmed keynote speakers:


In Freedom’s Cause: the Queensland Legal Profession and the Great War

The signature photo for the project is that of a solicitor, Alfred Edwin Dean, of Charters Towers, who was the son of the Clerk of Petty Sessions at Bundaberg. Alfred Dean’s promising career ended when he was killed in action 11 January 1918 in Belgium.

An exhibition and publication of the same name pays tribute to Queensland’s lawyers (and lawyers-in-training) who served in World War I. The publication was launched by the Chief Justice of Queensland, Catherine Holmes, in the Banco Court, Queensland Supreme Court on 18 February 2016

The publication, In Freedom’s Cause, and further details concerning the project are available through the following link:   publication or by downloading the order form: In Freedom’s Cause Order Form

The project aims to honour and preserve the memory of those legal professionals who left the comfort and safety of their law chambers to fight in foreign terrains and appalling conditions.

The project offers fascinating insights into Queensland society and its legal profession in the 20th century and highlights the loss  society and the legal profession as a result of the war.

New South Wales Lawyers in the First World War

There are a number of ongoing projects commemorating New South Wales Lawyers in the First World War including the development of an Honour Board of Solicitors who served (including Articled Clerks who lost their lives) to be erected in the Law Society Building and a series of biographical sketches of barristers for the NSW Bar Association Website.

Relaunch of Legal History Journal

Legal History is being relaunched with a new series in 2016 with its new academic host, Swinburne Law School in conjunction with Australian Scholarly Publishing.Swinburne Law School is calling for papers for the new series on any subject relating to legal history in Australia, the Asia-Pacific region or other common law countries.  Call for papers for Volume Two Closes One September 2016. All submissions should be sent to legalhistory@swin.edu.auSwinburne Law School will be accepting submissions thereafter on a continuing basis.

Contacts: Dr Amanda Scardamaglia and Dr Jessica Lake | Editors

Legal History

Swinburne Law School | Swinburne University of Technology

P.O. Box 21, Mail H25 John Street Hawthorn VIC 3122


Queensland Selden Society Lecture -Mabo

Lecture four— Mabo v State of Queensland (No 2)

Selden Society 2016 Lecture Series

Lecture four—Leading Cases of the Common LawMabo v State of Queensland (No 2) (1992) 175 CLR 1 will be presented by The Hon Margaret White AO on 22 September 2016.

Mabo v Queensland (No. 2) is one of the most important judgments ever delivered by the High Court. It concerned an issue arising from events some 200 years earlier, when the Australian continent was first colonised. The issue was whether the effect of colonisation, under the common law, was to vest full ownership of all Australian land in the Crown—or whether the common law recognised land titles rising under pre-existing Indigenous laws and customs.

About the Speaker

The Hon Margaret White AO acted as junior counsel for the Queensland Government for the ten years of litigation. She brings a unique and valuable perspective to this landmark constitutional case.

The Hon Margaret White AO graduated Bachelor of Laws at the University of Adelaide in 1966. She was admitted as a barrister of the Supreme Court of Queensland in July 1978 and commenced full time practice at the Bar in Brisbane in 1983. She was appointed a Master of the Supreme Court of Queensland in 1990. On 2 April 1992, her Honour was appointed a Judge of the Supreme Court of Queensland—the first woman to be appointed to the Court. She was appointed to the Queensland Court of Appeal on 15 April 2010.