Preview: Sir Gerard Brennan: The Law’s Good Servant with Jeff Fitzgerald and Prof Paul Redmond

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Jeff FitzGerald has written the first comprehensive biography of Sir Gerard Brennan, who is best known for his judgment in the Mabo case. The portrait which emerges does justice to Brennan the man, as well as Brennan the judge.

In the first of a two part discussion, author Jeff FitzGerald discusses the book with Prof Paul Redmond (Emeritus Professor, Faculty of Law, UTS, Sydney), including how he came to write the book, the various facets of Sir Gerard Brennan’s life, and his personal acquaintance with his subject. Published on: [14.02.2025]

In the second of a two-part discussion, author Jeff FitzGerald discusses the book with Prof Paul Redmond (Emeritus Professor, Faculty of Law, UTS, Sydney), including native title, political communication and free speech, Marion’s Case, the Scientology Case, separation of powers, and the sociological jurisprudence of law.

Discussion Includes:

  • About the Author
  • What is a judicial biography?
  • Questions in mind when writing the biography
  • How this book came to be written
  • Sources of information
  • Changing perspectives on Brennan
  • Family and early life
  • Four pillars of Brennan’s life
  • How Brennan’s faith informed his legal work
  • The Administrative Appeals Tribunal
  • The Federal Court
  • Appointment to the High Court
  • Judicial Method
  • Tension between moral conviction and legal principle
  • Areas of law
  • The Law of Torts
  • Freedom of Political Communication
  • Native Title
  • Political Communication and Free Speech
  • Marion’s Case
  • The Scientology Case
  • Separation of powers
  • The sociological jurisprudence of law
  • Conclusion

Part 1

Part 2

Presenter Profiles

Jeff FitzGerald Prof Paul Redmond

BIBLIOGRAPHY

Cases

  • Attorney-General (NSW) v Quin (1990) 170 CLR 1
  • Marbury v Madison 5 U.S. (1 Cranch) 137 (1803)
  • Bryan v Maloney (1995) 128 ALR 163
  • Nationwide News Pty Ltd v Wills [1992] HCA 46
  • Australian Capital Television Pty Ltd v The Commonwealth [1992] HCA 45
  • Mabo v Queensland (No 2) (“Mabo case”) [1992] HCA 23
  • Wik Peoples v Queensland – [1996] HCA 40
  • Secretary, Department of Health and Community Services v JWB and SMB [1992] HCA 15
  • Church of the New Faith v Commissioner of Pay-Roll Tax (Vic) [1983] HCA 40