'Sir Owen Dixon is the most renowned jurist Australia has ever produced. His lasting significance stems not only from a mastery of the technique of the common law, but from his involvement in many of the most important decisions in Australia’s legal history. During the course of his long tenure on the High Court of Australia, Dixon oversaw the development of virtually every branch of the law. This volume contributes to the understanding of Dixon’s jurisprudence, his judicial method and present-day significance. It ranges widely over the various branches of the law which were enriched by his contributions. The contributors include leading scholars and jurists from across Australia. The essays which comprise the volume are arranged in three sections. The first takes up a number of fundamental questions going to the character of Dixon’s judicial philosophy. Space is devoted to an assessment of the nature and merits of ‘legalism’, as well as a study of Dixon’s views of the Privy Council. The second section is concerned with his contributions to public law, including his decisions in respect of the criminal law. The third section is concerned with his judgments in private law, including his influence on real property, equity, contract and tort.' (Publication summary)
Contents
Foreword by the Hon Chief Justice Susan Kiefel AC Acknowledgments About the Authors Table of Cases Table of Statutes
Introduction John Eldridge and Timothy Pilkington
PART I 1. Sir Owen Dixon and the Common Law Method Ruth C A Higgins2. Parker v The Queen and Dixon’s Diminishing Confidence in the Privy Council Tanya Josev
PART II 3. Fashioning the Keystone of the Federal Structure: Dixon’s Influence on s 109 of the Constitution Mark Leeming 4. Sir Owen Dixon and the Concept of ‘Nationhood’ as a Source of Commonwealth Power Peter Gerangelos 5. Protecting Judicial Independence and the Rule of Law: Dixon’s Chapter III Legacy Matthew Stubbs 6. An Enduring Influence: Sir Owen Dixon’s Contribution to Administrative Law Neil Williams and Claire Palmer 7. Sir Owen Dixon on Criminal Law and the Law of Evidence Tim James-Matthews
PART III 8. Sir Owen Dixon’s Insight into the Law of Real Property Arthur R Emmett9. Advance Payments and the Border of Contract and Restitution: McDonald v Dennys Lascelles Revisited Timothy Pilkington 10. Sir Owen Dixon and Yerkey Jones: Considering the Feminist Implications of Strict and Complete Legalism Radhika Chaudhri 11. Sir Owen Dixon and the Law of Contract John Eldridge 12. Dixon’s Tort Judgments: Master Craftsman or Competent Technician? Mark Lunney 13. Sir Owen Dixon’s Contribution to Australian Defamation Jurisprudence David Rolph
Index
