This is the first comprehensive biography of Sir Gerard Brennan, who is best known for his judgment in the Mabo case. It highlights the significant role Brennan played in the development of Australian law and in society more broadly. It traces his family background and life, education, and early career in Queensland before turning to the roles for which he is best known – inaugural president of the AAT, judge of the Federal Court and High Court, and finally, Chief Justice of Australia. It provides detailed analysis of Brennan’s most significant judgments and compares his reasoning with that of other members of the court. In so doing, it provides valuable insight into his judicial methodology. The book explores how Brennan dealt with the sometimes competing demands of the strict application of legal precedent, and of the need to do justice in a changing social context.
The book also considers the way he sought to balance the compelling demands of his judicial duties and those he saw inherent in both his family responsibilities and his Catholic faith. The portrait which emerges does justice to Brennan the man, as well as Brennan the judge.
As Registrar at UTS, the author worked closely with Brennan during the period he was Chancellor. He interviewed Brennan extensively, was given access to personal documents, and interviewed more than sixty of Brennan’s colleagues, associates, family members and friends. The resulting book is an important historical record of the life and times of a great Australian and will give readers a deeper understanding of the inner dynamics of the Australian court system.
Foreword – The Hon Kenneth Hayne AC KC
Author’s Note
1. Prequel
2. An Idyllic Childhood. 1928-1945
3. From School to the Bar
4. A Fortunate Life at the Queensland Bar
5. Broader Legal Horizons and an Unsettling State
6. Shaping the Administrative Appeals Tribunal
7. A Judge of the Federal Court
8. To the High Court
9. A New Judge in the Gibbs Court
10. Updating the Law – Part 1
11. The Court that “Australianised” the Law
12. Native Title- The Mabo Cases
13. Updating the Law – Part 2
14. Chief Justice in Challenging Times
15. The Major Cases Determined by the Brennan Court
16. Explaining the Courts
17. Farewell with a Well-Considered “Parting Shot”
18. Life in Retirement
19. Vale Sir Gerard
Appendix
Index
Read the Foreword by the The Hon Kenneth Hayne AC KC from Sir Gerard Brennan
Read the launch speech of Chief Justice Debbie Mortimer
The Federation Press held a book launch for ‘Sir Gerard Brennan’ in April 2024.
Read the launch speech of Chief Justice Debbie Mortimer
Read the launch speech of Fr Frank Brennan SJ AO
Photo Chief Justice Debbie Mortimer, Jeff Fitzgerald and Fr Frank Brennan at the book launch at the Federal Court in Sydney.
Photo Chief Justice Debbie Mortimer, Jeff Fitzgerald and members of the Brennan family at the book launch at the Federal Court in Sydney.
Read the full article, The man who made ‘saintly’ judge lose his cool, by Michael Pelly from The Financial Review, 7 June 2024.
Read the review by William H. Clune, University of Wisconsin Law School, which appeared in the Legal Studies Research Paper Series Paper No. 1805.
Review by Dan Ernst in the Legal History Blog
This book makes for riveting reading by anyone, lawyer or otherwise, who seeks to better understand the workings of the High Court of Australia. Read full review…
Brian Morgan, Hearsay, Issue 97: September 2024
The depth and breadth of his scholarship are of the highest order. He has provided a clear exposition of a wide range of legal issues and carefully analysed numerous cases in an accessible and readable prose. He has integrated this material with a close reading and understanding of broader political, economic, social, and legal changes that have occurred at both the state and federal level in Australia, as well as developments overseas. … This is a book that should be applauded for its outstanding scholarship. This ‘judicial biography’ of Sir Francis Gerard Brennan will help all who read it better understand the work of lawyers and the role of the High Court in Australia.
Braham Dabscheck, The Economic and Labour Relations Review, First View , pp. 1 – 4
DOI: https://doi.org/10.1017/elr.2024.38
This is a comprehensive study of Sir Gerard Brennan, meticulously researched and one well worth reading.
Chadwick Wong, Law Institute Journal (VIC), September 2024