March 7, 2006

I, My Lords, embody the Law

Posted in Uncategorized at 6:08 pm by thelawthoughts

Does anybody know of the lines in Iolanthe where the Lord Chancellor talks of the law thusly ‘It has no kind of fault or flaw/ and I, My Lords, embody the Law’?

That was my immediate reaction when I was picking through Burk -v- Cth [2006] VSC 25 , trying to find a reference by Harper J to a single other case. None. Harper J has managed to write 260 paragraphs without needing to refer to precedent for ANYTHING and therefore, in my book, embodies the law. I can’t find a link now, but I remember a case when a South Australian barrister was trying to found an argument on the difference between the South Australian Common Law and Federal Common Law, as if they were a different beast. Either Gummow J or McHugh J pulled him up and said something like ‘What is the Common Law? You are looking at it’.

I know he was dealing with evidence of post-traumatic stress disorder and so was making findings of fact, nevertheless it seems that he could have made reference to something. He really is a wonderful judge.

I will send a Freddo Frog to the first person who can find a case referred to in this judgment.

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2 Comments »

  1. Anonymous said,

    looked , couldn’t find any !

    http://law.flindersclubs.asn.au/wiki/index.php?title=Main_Page

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