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Sir Owen Dixon’s Legacy

Sir Owen Dixon’s Legacy

Edited by John Eldridge and Timothy Pilkington


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.


Foreword by The Hon Susan Kiefel AC 
Table of Cases
Table of Statutes

            John Eldridge and Timothy Pilkington


1. Sir Owen Dixon and the Common Law Method
            Ruth C A Higgins
2. Parker v The Queen and Dixon’s Diminishing Confidence in the Privy Council
            Tanya Josev


3. Fashioning the Keystone of the Federal Structure: Dixon’s Influence on Section 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


8. Sir Owen Dixon’s Insight into the Law of Real Property
            Arthur R Emmett
9. Advance Payments and the Border of Contract and Restitution: McDonald v Dennys Lascelles Revisited
            Timothy Pilkington
10. Sir Owen Dixon and Yerkey v 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



Published 5 July 2019
Publisher The Federation Press
ISBN 9781760022082
Australian RRP $150.00
International Price $140.00
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Law - Constitutional
Law - Judges & Courts
Law - Jurisprudence / Legal Theory
Law - Legal History
Law - Legal Profession / Legal Practice

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