Sad thing while reading contracts... :( (1 Viewer)

[Frigid]

was reading Meehan v Jones (1982) 149 CLR 571 in my casebook, and then reached the end of p198... and then i read the following:

(Aickin J died before the judgment was delivered)

it's not always you get a judgment that says that. If His Honour had not passed away before giving judgment, then perhaps it would have been unanimous.

so this thread is dedicated to Aickin J. May Your Honour rest in peace.

Sir Keith Aickin (born 1916; died 1982). A Justice 1976-82. Admitted Victorian Bar 1949 (QC 1957). Member, Legal Department of United Nations 1942-48.

our favourite HC justice, Mr Justice Kirby, speaks fondly of the late Aickin J and us lawyers being but passing spirits in this world:

After a while there, and after I had been sworn in and the formalities concluded, I reached over to the little console beside my desk. I thought I had better do a bit of work. The console had in it a number of cassette tapes. I picked a tape . I put it on. Being a cautious type I thought I had better just listen to this and make sure. I always check because once I erased a tape and you never do that twice in your life. I heard this voice coming over the tape. I recognised the accents but could not recognise the voice. I listened carefully. I heard that the case being discussed concerned the law of standing to sue. It was a question of the principles of the law of standing. I thought: I know that case. That's Onus. And so the tape droned on and on. I looked for Onus. I picked it up. I looked through the judgments. There it was. It was the voice of the long dead Sir Keith Aickin. It was his voice speaking from the past. His dictated judgment in Onus v Alcoa.

The moral of that story is that we are all passing spirits. You are a passing spirit in the law. Your time will come. You will flourish. Perhaps you will be important. And then you will pass. And so it will be with me. One day somebody will come into that room which I now occupy. They will reach for a tape. They will listen and will hear a fruity voice. They will say, "I know that voice". They will then wonder who on earth that was. That's the nature of the 700 year old tradition that we inherit. We are but temporary guardians.

 

[xeuyrawp]

Kirby must be one of the best Australian orators I have ever heard and read. He is so impressive.

I have had a chance, through the experiences of my life, to see the law through the prism of human rights and international human rights law. I suppose that I have had more experience, in that regard, than any other Australian lawyer. I see things slightly differently for that reason. But I believe that the international dimension of Australian law is the way of the future. That all lawyers of your age will come to see Australian law through the prism of international human rights and international law generally.

The moral of that story is that we are all passing spirits. You are a passing spirit in the law. Your time will come. You will flourish. Perhaps you will be important. And then you will pass. And so it will be with me. One day somebody will come into that room which I now occupy. They will reach for a tape. They will listen and will hear a fruity voice. They will say, "I know that voice". They will then wonder who on earth that was. That's the nature of the 700 year old tradition that we inherit. We are but temporary guardians.

Wow. That's all I can say. As always, thanks for posting up a great piece of writing, Frigid. The latter quote is now my sig- Hahah, I just realised you had a similar thing. How cool is he. Best Justice ever.