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TC Beirne School of Law: A History 2nd edition

by Michael

White

With forwards by: The Honourable Paul de Jersey AC, Governor of Queensland The Honourable Catherine Holmes, Chief Justice of Queensland Professor Sarah Derrington, Head of School, TC Beirne School of Law

THE STORY OF QUEENSLAND’S PREMIER LAW SCHOOL TC Beirne School of Law: A History is a must-read for anyone whose life has been positively changed by the school, and anyone who wishes to reconnect as valued alumni. Topics covered include: • The struggles to attract funding and independence at the law school’s founding in the early 20th century • The law school’s role in WW2 • Restructuring and student protests after the 1950s • The rejuvenation, success and expansion from 1980 to 2006 • A vision of the future, for 2017 and beyond.

HOW TO ORDER To order TC Beirne School of Law: A History (2nd edition), please contact

Litsupport email: [email protected] Phone: 3020 2777 Cost is AU$30.00 plus postage.

CONTENTS Forewords by: a. b. c.

H.E. Paul de Jersey AC, Governor of Queensland, The Honourable Catherine Holmes, Chief Justice of the Qld, Professor Sarah Derrington, Dean and Head of School

Author’s Preface, Acknowledgements and Thanks Chapter 1. Foundations of the Law School: 1911-1938 Establishment of the University of Queensland Law in the Faculty of Arts Beginnings of the Law School Garrick Bequest and Chair of Law Thomas Charles Beirne (1860-1949). Donation Una Gailey Prentice (nee Bick) (1913-1986). First Female Graduate Chapter 2. World War II and Move to St Lucia: 1939-1949 Preparation for War World War II (1939-1945) Secret Operations Room and Offices UQ Lawyers Lost Alexander Charles McNab (27 July 1918-2 May 1943) Chester James Parker (29 July 1916-11 August 1942) George Douglas Rutherford Avery (24 July 1918-22 October 1942) Harley Charles Stumm (29 August 1913-13 May 1944) Harrold Graham Pace (31 October 1916-13 May 1942) New Law School Home at St Lucia 1948-1949 Chapter 3.: Restructuring and Student Protests: 1950-1979 Changing Curriculum Inter-Administrative Difficulties and the Martin Report Accommodation Inadequacies and the Law Library Civil Disobedience and Student Riots Noteworthy Figures Professor Walter Norwood Leslie Harrison (1904-1966) Sir Harry Talbot Gibbs GCMG, AC, KBE (1917-2005) Sir Walter Campbell AC (1921-2004) Chapter 4. Rejuvenation, Success and Expansion: 1980-2006 Rumblings of the Past and Library Refurbishment 1990 Academic Advancement Centres of Excellence Established International Expansion Law Faculty Merged into the Business, Economics and Law Faculty 1997 Second Law Library Refurbishment 2000 Sir Gerard Brennan Chair Established Research and Course Development Seventieth Law School Anniversary 2006 Sir Harry Gibbs Moot Court Mooting Successes University of Queensland Law Society Women Law Students Association; Women and the Law Society; Justice and the Law Society

CONTENTS Chapter 5. Development, New Courses and Refurbishment 2007-2016 Introduction Heads and Deans of School Legal Education and Curriculum Changes New UQ Student Strategy 2016 Practical Legal Training Legal Education Courses Introduction LLB and Dual Courses Honours Juris Doctor Degree (JD) Masters Degrees by Coursework Research Higher Degrees New Teaching Method from 2017 Research Centres Centre for Public International & Comparative Law (CPICL) Australian Centre for Private Law (ACPL) Marine and Shipping Law Unit (MASLU) Law School Programs Pro Bono Centre Clinical Legal Education Continuing Professional Development Exchanges with International Law Schools Practitioners-in-Residence Law School Intake Numbers Finances Mooting and Competitions Introduction Annual David Jackson Dinner Jessup Moots Maritime Law Moots Other Moots Legal Skills Competitions Law Teaching Excellence Refurbishment of Forgan Smith Building Premises Refurbishment Planning Forgan Smith Funding Program Mr John Storey AO Hon Dr Margaret White AO Mr James Bell QC Fund Raising Committee Members Appendices TC Beirne Graduates 1938-2016 Senior Staff (List of Professors, Heads, Deans & Readers) Presidents of the University of Queensland Law Society (UQLS) Presidents of the Womens Law Students Association (WLSA), the Women and the Law Society (WATL) and the Justice and the Law Society (JATL) Law Student Presidents of the University of Queensland Union TC Beirne School of Law Winners of Selected Scholarships Graduating Valedictorians TC Beirne Graduates Superior Court Judges TC Beirne Graduates Governors-General, Governors and Chief Justices Major Donors, Bequests, Prizes and Awards Index About the author and Research Assistant

TCBE I RNES CHOOLOFL A W, AHI S TORY2NDED

TCBE I RNE S CHOOLOFL A W AHi s t o r y

ND 2 E DI TI ON

T.C.Beirne School of Law: A History

2nd edition

Michael White

Michael White T.C.Beirne School of Law: A History, 2nd ed.

ISBN 978-1-74272-169-9 Hard Copy ISBN 978-1-74272-170-5 Electronic Copy National Library of Australia Catalogue Publication Data T.C.Beirne School of Law: A History, 2nd ed. History TC Beirne School of Law, University of Queensland Law School History, University of Queensland

First Published 2016 © 2016 TC Beirne School of Law, The University of Queensland and author The copyright and the moral rights of the author have been asserted under the Copyright Act 1968 (Cth) with the exception that the author grants a licence to any person to use accurately, fairly and in good faith as much of this book as they wish provided that the source of the information is acknowledged.

Hard Copy printed by Litsupport, Brisbane Electronic copy uploaded on to e-space, University of Queensland Library

Published by the T.C. Beirne School of Law University of Queensland. Author: Michael White Whilst every care has been taken to acknowledge copyright and sources of information the author tenders his apologies for any infringement of copyright or where acknowledgement has not been made correctly or sufficiently.

Cover and back page photographs: Collage of photographs from the University of Queensland archives

ii

Michael White T.C.Beirne School of Law: A History, 2nd ed.

TC Beirne School of Law: A History 2nd Edition Contents Forewords by: a. H.E. Paul de Jersey AC, Governor of Queensland, b. The Honourable Catherine Holmes, Chief Justice of the Qld, c. Professor Sarah Derrington, Dean and Head of School Author’s Preface, Acknowledgements and Thanks Chapter 1. Foundations of the Law School: 1911-1938 1. Establishment of the University of Queensland 2. Law in the Faculty of Arts 3. Beginnings of the Law School 4. Garrick Bequest and Chair of Law 5. Thomas Charles Beirne (1860-1949). Donation 6. Una Gailey Prentice (nee Bick) (1913-1986). First Female Graduate Chapter 2. World War II and Move to St Lucia: 1939-1949 2 Preparation for War 3 World War II (1939-1945) 3.1 Secret Operations Room and Offices 3.2 UQ Lawyers Lost 3.2.1 Alexander Charles McNab (27 July 1918-2 May 1943) 3.2.2 Chester James Parker (29 July 1916-11 August 1942) 3.2.3 George Douglas Rutherford Avery (24 July 1918-22 October 1942) 3.2.4 Harley Charles Stumm (29 August 1913-13 May 1944) 3.2.5 Harrold Graham Pace (31 October 1916-13 May 1942) 4 New Law School Home at St Lucia 1948-1949 Chapter 3.: Restructuring and Student Protests: 1950-1979 3.1 Changing Curriculum 3.2 Inter-Administrative Difficulties and the Martin Report 3.3 Accommodation Inadequacies and the Law Library 3.4 Civil Disobedience and Student Riots 3.5 Noteworthy Figures 3.5.1 Professor Walter Norwood Leslie Harrison (1904-1966) 3.5.2 Sir Harry Talbot Gibbs GCMG, AC, KBE (1917-2005) 3.5.3 Sir Walter Campbell AC (1921-2004) Chapter 4. Rejuvenation, Success and Expansion: 1980-2006 4.1 Rumblings of the Past and Library Refurbishment 1990 4.2 Academic Advancement 4.3 Centres of Excellence Established 4.4 International Expansion 4.5 Law Faculty Merged into the Business, Economics and Law Faculty 1997 iii

Michael White T.C.Beirne School of Law: A History, 2nd ed.

4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13

Second Law Library Refurbishment 2000 Sir Gerard Brennan Chair Established Research and Course Development Seventieth Law School Anniversary 2006 Sir Harry Gibbs Moot Court Mooting Successes University of Queensland Law Society Women Law Students Association; Women and the Law Society; Justice and the Law Society

Chapter 5. Development, New Courses and Refurbishment 2007-2016 5.1 Introduction 5.2 Heads and Deans of School 5.3 Legal Education and Curriculum Changes 5.3.1 Nw UQ Student Strategy 2016 5.4 Practical Legal Training 5.5 Legal Education Courses 5.5.1 Introduction 5.5.2 LLB and Dual Courses 5.5.3 Honours 5.5.4 Juris Doctor Degree (JD) 5.5.5 Masters Degrees by Coursework 5.5.6 Research Higher Degrees 5.5.7 New Teaching Method from 2017 5.6 Research Centres 5.6.1 Centre for Public International & Comparative Law (CPICL) 5.6.2 Australian Centre for Private Law (APL) 5.6.3 Marine and Shipping Law Unit (MASLU) 5.7 Law School Programs 5.7.1 Pro Bono Centre 5.7.2 Clinical Legal Education 5.7.2 Continuing Professional Development 5.8 Exchanges with International Law Schools 5.9 Practitioners-in-Residence 5.10 Law School Intake Numbers 5.11 Finances 5.12 Mooting and Competitions 5.12.1 Introduction 5.12.2 Annual David Jackson Dinner 5.12.3 Jessup Moots 5.12.4 Maritime Law Moots 5.12.5 Other Moots 5.12.6 Legal Skills Competitions 5.13 Law Teaching Excellence 5.14 Refurbishment of Forgan Smith Building Premises 5.14.1 Refurbishment Planning 5.14.2 Forgan Smith Funding Program 5.14.2.1 Mr John Storey AO 5.14.2.2 Hon Dr Margaret White AO 5.14.2.3 Mr James Bell QC iv

Michael White T.C.Beirne School of Law: A History, 2nd ed.

5.14.2.4 Fund Raising Committee Members Appendices I. TC Beirne Graduates 1938-2016 II. Senior Staff (List of Professors, Heads, Deans & Readers) III. Presidents of the University of Queensland Law Society (UQLS) IV. Presidents of the Womens Law Students Association (WLSA), the Women and the Law Society (WATL) and the Justice and the Law Society (JATL) V. Law Student Presidents of the University of Queensland Union VI. TC Beirne School of Law Winners of Selected Scholarships VII. Graduating Valedictorians VIII. TC Beirne Graduates Superior Court Judges IX. TC Beirne Graduates Governors-General, Governors and Chief Justices X. Major Donors, Bequests, Prizes and Awards Index About the author and the Research Assistants

Forewords Message from the Queensland Governor

I am always pleased to have the opportunity to express my encouragement and sincere gratitude to the law school which has given so much to our State and nation, and to me personally. For almost half of its 80 years, the law faculty stood alone in Queensland in providing tertiary legal education. Now, amongst a competitive field of Queensland schools, all committed to excellence, the TC Beirne Law School continues to inspire its graduates and engender confidence in the profession, and the wider community, which it magnificently serves. And the School’s influence is there for all to see, with graduates occupying leadership

v

Michael White T.C.Beirne School of Law: A History, 2nd ed.

positions in the judiciary, as practitioners, in business and the community sector, and, on four of the last six occasions, in the high office of Governor of Queensland. And despite its rich historical traditions, the School remains committed to vibrant regrowth, conspicuously shown through the refurbishment of the Forgan Smith Building and an innovative program of learning. These progressions are to be applauded, and will no doubt ensure the School maintains its status as an edifying institution, both in stature and in reputation – a reputation reflected throughout The University of Queensland, an establishment in which my predecessor Governor, and the University’s first Chancellor, Sir William MacGregor, sought to instil the finest traditions of an institution of higher learning, I am also both professionally and personally indebted to the TC Beirne School of Law – and not the least of which because it was in the Law Library where I met Kaye! As a former graduate and Patron of the UQ Pro Bono Centre, and now as Governor and the Official Visitor of The University of Queensland, I commend all who have contributed to the achievement of excellence in this law school. Congratulations! Paul de Jersey His Excellency the Honourable Paul de Jersey AC Governor of Queensland The Honourable Catherine Holmes, Chief Justice of Queensland

I transferred to the University of Queensland Law School in 1977 from a younger, better resourced university and was struck by the very different culture and standard of facilities. Some of the staff members were, to put it mildly, eccentric; the student body seemed, for the times, disappointingly conservative; and after a couple of fruitless attempts to find a seat, I never attempted to use the Law Library again. This history gives those conditions a larger context, and I can now make more sense of the period. Despite some unhappy experiences then, my respect for the Law School was sufficient to make me return to it in the 1990’s to undertake a Master’s degree. That was, consistently vi

Michael White T.C.Beirne School of Law: A History, 2nd ed.

with the changes described in this book, a far better experience. The teaching and thesis supervision I received was excellent, although I still did not attempt a return to the library. Notwithstanding the fact that there have, in the history of the Law School, been less illustrious periods of the kind I experienced as an undergraduate, its impact on the legal profession in Queensland has unquestionably been profound and important. For decades its graduates have been leaders of the profession. And it is a pleasure to report, from a standpoint of forty years’ observation, that the Law School presently seems to me at one of its highest points, with an extremely promising future. I congratulate the author of this work, which is frank and fair, and the School itself on its present state of excellence. Catherine Holmes The Hon Catherine Holmes, Chief Justice of Queensland Foreword by Professor Sarah Derrington

It is a privilege to be leading the T C Beirne School at this particular moment in its history, the significance of which, for me at least, is underscored by this historical account of the School. I am grateful to Dr Michael White OAM QC for his continued enthusiasm for this important project. Shortly after my appointment as Head and Dean of the Law School, I was asked to consider what makes a great law school. My ultimate conclusion was that it was the partnership between the school and the Profession, underpinned by world-class scholarship and rigorous, engaging teach, which will mark a law school as great. This work highlights the historical contribution of the Profession to the development of the School and that of the exceptional alumni of the School who have gone on to make their marks nationally and internationally in a wide variety of careers. The achievements of the School’s alumni, collectively, are truly remarkable.

vii

Michael White T.C.Beirne School of Law: A History, 2nd ed.

The challenge for the next phase in the School’s history is to continue to build on the solid foundations that have been established within the School to ensure that it becomes a truly great law school, one of which every graduate can be proud, whether a graduate of many years standing, or a student yet to achieve that goal. As an alumna of the School, I am grateful for all the opportunities it has given me, both as a practitioner and as an academic. I am also extremely grateful to the current and former staff of the Law School, who through their commitment to excellence, are determined to see the School continue to flourish. Sarah Derrington Professor Sarah Derrington, Head and Dean, TC Beirne School of Law

Author’s Preface, Acknowledgements and Thanks I am pleased to present this book to mark the 80th anniversary of the formation of the TC Beirne School of Law at the University in 1936. I was one of the co-authors of the 1st edition in 2006 and this edition builds on the excellent work then done by my coauthors and the researchers. This edition has five chapters, which are designed to set out the background to the university and the Law School and its development to the present day. Chapter 1 (1911-1938) describes the events that formed the foundation of the university, on the site now occupied by the Queensland University of Technology and Old Government House in George Street, and its early years. It also includes the first law lectures in 1925 that were funded by the Garrick bequest, the founding of the Law School in 1936 by the Beirne donation and, finally, the first graduates in 1938. Chapter 2 (1939-1949) addresses the years during World War II when the premises at St Lucia now occupied by the Law School were used as the headquarters by General Blamey from which to fight the war in the Pacific. It then goes on to deal with the move by the School from Old Government House precincts to the Forgan Smith building at St Lucia, the contribution by the members of the legal profession as part-time lecturers to give most of the lectures and, finally, to touch on the School’s gradual expansion until 1949. Chapter 3 (1950-1979) then continues the story of this expansion over two decades as the ravages of World War II were repaired, the university protests took place and the Law School built up numbers and skills. Chapter 4 (1980-2006) records the development and changes, including the expansion of the Law Library during those years. The final chapter, Chapter 5 (2007-2016), deals with the changes of focus away from the traditional concentration on preparing students for legal practice to more theory and then back again, and also with the increasing importance placed on higher degrees, research and publications. The chapter concludes with a description of the refurbishment of the Law School part of the Forgan Smith building. One of the major strengths of this publication lies in its appendices. Appendix I was a mammoth task for the 1st edition because it involved compiling a list of all of the viii

Michael White T.C.Beirne School of Law: A History, 2nd ed.

graduates of the law school from 1938 until the end of 2005, about 8,000 of them. For this edition the list has been extended to the end of 2015 and that, too, involved much work. It should be noted that the dates of graduation are taken from the graduation ceremony booklets, so they often differ in many minds from the year when the graduand took the last lecture and sat the last examination. Appendix II also involved a large amount of research for the 1st edition as no list of the law school staff had ever before been compiled. In the end, it is restricted to the Professors and Readers (Associate Professors) as to go beyond that was beyond our resources. Appendix III, UQLS Presidents, Appendix IV, WALS, JATL and WATL Presidents, and Appendix V, UQ Union Presidents, was not so difficult as records had been kept in most areas, although in some cases it still involved some checking. When we came to Appendix VI, Winners of Selected Scholarships, it involved considerable difficulty as so many of our graduates receive scholarships and most of them are awarded after they have left and beyond the UQ records. We have set out scholarships of which we know and listed the names of the winners of whom we know. Appendix VII lists the law students elected by their peers as the valedictorian for that graduating class where we have been able to ascertain them. Appendix VIII, TCB Graduates who became Superior Court Judges, was compiled from original research done several years ago by the Queensland Supreme Court Library, under the supervision of its able librarian, Mr Aladin Rahemtula. This list is restricted to superior courts as, once again, the resources available did not extend to the large number of graduates who became District Court judges, magistrates, Tribunal members and so forth. Appendix IX sets out the UQ law graduates who have become a Governor-General, Queensland Governors and Chief Justices. The final work, Appendix X, lists the Major Donors, Bequests, Prizes and Awards made to the Law School and again required considerable research to pull them all together into the one list. Records had been kept of the various fund-raising successes, but they were not comprehensive. Whilst I and our research team have striven to compile an accurate book, so much original research has required a lot of work but we are all delighted to have been part of an enterprise that has compiled an important history of a Law School that has contributed to the lives and careers of so many people. Of course so much original research must give rise to some errors but any final errors or shortcomings are mine as I supervised, revised and wrote most of this book and are not to be attributed to any of those who have so kindly assisted. Acknowledgements and Thanks There are a number of acknowledgements that should be made. The first is to the excellent work done by the team for the first edition. Much of it was written by Ryan Gawrych and Emeritus Professor Kaye Saunders kept a scholarly eye on its development. The then UQ Archivist, Megan Lyneham, put in a terrific effort and many of the archival records that were relied on would not have come to light had it not been for her. Further, she was able to steer us through copyright issues where they occurred and also to identify the photographs from which the final selection was made. A major contribution to the 1st edition was made by Nicholas Luke, who was one of the main compilers of the seven appendices and the list of photographs. Nick was available because he had some months to fill in after graduation (BA, Hons I, ix

Michael White T.C.Beirne School of Law: A History, 2nd ed.

University Medal; LLB Hons I) before taking up his 2006 Rhodes Scholarship at Oxford University. Another major contribution was made to the 1st edition by Dr Rachael Baird, chair of the Heritage Committee, and Ms Kathy Chapman when they took over the formatting and production. We also note the contribution of Ms Roz Sheldrick who was the external relations officer for the Law School. This 2nd edition was truly a team effort with numerous people being so generous with their contribution of time and skills in various parts of the book. It is not feasible to list them all here but I have tried to list all of them in the acknowledgements in the relevant parts of the book and if I have missed anyone I do apologise but the generosity of spirit in helping has been much appreciated. The main researcher was Ms Keilin Anderson who helped me with new material in the chapters and also organised most of the appendices. Ms Inma Beaumont, the Law School Development Officer, Dr Margaret Hammer, UQ Advancement Officer and many others on the UQ staff in various positions have been most helpful. Hon Glen Williams AO, the former Supreme Court judge who studied, taught and lived through many of the events recorded here kindly gave much time to helping me check the facts about graduates and especially those who later became judges of any of the Superior Courts. Associate Professor Peter Billings has been most helpful with information about the mooting and competitions programs as have Professor Derring and Professor Anthony Cassimatis. Throughout the process members of the professional staff have also been most helpful and, in particular, they include Claudine Kelly and Sharmaine Wells. Mrs Helen Jeffcot, the former Deputy Supreme Court Librarian, has been most generous with her time and skills in editing the final version and also in compiling the Index, no mean feat. Finally, I thank the three persons who kindly contributed to the Forewords to this book, all of whom are Law School graduates. H. E. Hon. Paul de Jersey AC, wrote a foreword for the 1st edition as Chief Justice of Queensland and I thank him for writing one for this edition as Governor of Queensland. Not only is he a graduate of the TCB but His wife Mrs Kaye de Jersey is a former TCB law librarian and several of their children are also graduates. They have a long and distinguished connection with the Law School. The Honourable Chief Justice Catherine Holmes has also kindly written a foreword. She did her LLB at the ANU but obtained a Masters in law at UQ. The Dean and Head of the Law School, Professor Sarah Derrington, has many demands on her time and her foreword and her financial support for research and publication of the 2nd edition of this book and her personal support is much appreciated.

Michael White T.C. Beirne School of Law, The University of Queensland 2016

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T.C.Beirne School of Law: A History, 2nd ed.

Chapter 1 Foundations of the Law School: 1911-1938 1.1 1.2 1.3 1.4 1.5 1.6

Establishment of the University of Queensland Law in the Faculty of Arts Beginnings of the Law School Garrick Bequest and Chair of Law Thomas Charles Beirne (1860-1949). Donation Una Gailey Prentice (nee Bick) (1913-1986). First Female Graduate

1.1 Establishment of the University of Queensland A vigorous debate occurred over several decades for the establishment of a university in Queensland before the University of Queensland was established on 10 December 1909 by an Act of State Parliament to commemorate the 50th anniversary of Queensland’s separation from New South Wales.1 The University itself was founded four months later, becoming the first tertiary education institute in Queensland and the fifth university in Australia. A University Act of 1870 (Qld) had only provided power to conduct local examinations for British universities. In 1874 the Education Commission had supported the founding of a university. The leading lawyers of the day had played a major part in promoting the concept. When Sir Samuel Griffith2 was premier his government had the Governor’s opening speech to Parliament mention the benefits of one. An 1891 Royal Commission chaired by Sir Charles Lilley3 recommended the immediate establishment of a university with five faculties, including law. In 1893 interested citizens established the Queensland University Extension, the first meeting of which was held in the chambers of the then

1

The details of the founding of the University of Queensland are contained in the major book by Thomis, Malcolm A Place of Light and Learning: The University of Queensland’s First Severy-Five Years, UQ Press, 1985. Other, less detailed, publications are Acland, Glenda (University Archivist) and edited by Mainstone, John, 1910-1985 75th Anniversary Handbook, Media and Information Services, UQ; Pascoe, Brian (Ed.), A Guide to the Great Court, Media and Information Services, UQ, 1979, revised and updated 1992. 2 The Right Honourable Sir Samuel Walker Griffith GCMG, QC, (21 June 1845 – 9 August 1920) was an Australian politician, Premier of Queensland, Chief Justice of the High Court of Australia, and a principal author of the Constitution of Australia, Wikipedia online at https://en.wikipedia.org/wiki/Samuel_Griffith; Australian Dictionary of Biography Vol 9, 1983, Online at http://adb.anu.edu.au/biography/griffith-sirsamuel-walker-445. 3 Sir Charles Lilley (27 August 1827 – 20 August 1897) was a Premier and Chief Justice of the Supreme Court of Queensland, Wikipedia online https://en.wikipedia.org/wiki/Charles_Lilley; Australian Dictionary of Biography Vol 5, 1974. ADB online at http://adb.anu.edu.au/biography/lilley-sir-charles-4020, In the mid-1970s Lilley began a campaign for a university in Queensland and in 1891 chaired a royal commission on university establishment, but did not live to see it founded in 1909, ADB, above, final para.

1

T.C.Beirne School of Law: A History, 2nd ed. barrister, John Laskey Woolcock,4 and both the Sydney and Melbourne Universities affiliated with it.

Sir Samuel Walker Griffith Source: University of Queensland Archives: UQA S655 A45 The next substantive move did not come until 1906, when the Parliament passed a resolution in favour of a university, and nominated the site as a portion of Victoria Park, in Brisbane. That year the University Extension organized a major congress, which was presided over the Sir Pope A. Cooper, Chief Justice,5 whose report made major and detailed proposals and drafted a Bill. From this was also formed the Queensland University Movement. Some political instability marked those years which delayed things, but in 1908 the Kidston Government announced a positive intention to build one. On 10 December 1909, Queensland Jubilee Day,6 the newly arrived Governor Sir William MacGregor7 signed the University Bill and the then Government House, now in 4

The Honourable John Laskey Woolcock (7 November 1861 – 18 January 1929) was a barrister and Supreme Court judge in Queensland, Wikipedia online https://en.wikipedia.org/wiki/John_Laskey_Woolcock; Queensland Supreme Court library online at http://www.sclqld.org.au/judicial-papers/judicial-profiles/profiles/jlwoolcock. 5 Sir Pope Alexander Cooper KCMG (12 May 1846 – 30 August 1923) was an attorney-general and a chief judge of the Supreme Court of Queensland, Wikipedia online https://en.wikipedia.org/wiki/Pope_Alexander_Cooper; Australian Dictionary of Biography Vol 8, 1982, online at http://adb.anu.edu.au/biography/cooper-sir-pope-alexander-5771. 6 It was on 10 December, 1859 that the newly arrived Governor Sir George Bowen, read the Proclamation declaring the establishment of the separate Colony of Queensland. 7 Sir William MacGregor (1846-1919), was born in Scotland and qualified as a medical practitioner. He joined the British Colonial Service and his postings included that of the Administrator of British New Guinea from 1888 to 1895 when he became its first Lieutenant-Governor. He was Governor of Queensland from 1909 to 1914 and the Brisbane suburb of Macgregor is named after him.

2

T.C.Beirne School of Law: A History, 2nd ed. the grounds of the Queensland University of Technology, was the designated site. The 20 members of the first University Senate were gazetted on 16 April 1910, which is usually taken as the foundation date for the university, and the Senate first met on 22 April. Sir William MacGregor was elected Chancellor, Mr. R. H Roe, the Inspector-General of Schools,8 was elected as the Vice-Chancellor9 and a committee system established. As mentioned above, the site reserved for the new university was part of the Old Government House in George Street, although over the next few decades, it expanded to include various other buildings throughout the George Street precinct.

Old Government House, 1910 Source: University of Queensland Archives: UQA S178 B6 With classes commencing in 1911, the University offered traditional courses in Arts and Physical Sciences. It was always intended that the University would include law and medical schools, even though the facilities were then unavailable. The desire to establish these schools was nonetheless so strong, that they were included as pro forma faculties when the University first opened in 1911. This enabled the University to grant a number

8

Mr Roe formerly the headmaster of Brisbane Grammar School and played a major role in education in Queensland. 9 At that time the Vice-Chancellor was an honorary position, akin to the present Deputy Chancellor’s position.

3

T.C.Beirne School of Law: A History, 2nd ed. of degrees ad eundem gradum (to the same degree – honorary grant of a degree recognizing the award by another university). The first registrar, F.W.S. Cumbrae-Stewart, a lawyer, was appointed on 1 September 1910 and the first four professors appointed on 8 December: J.L. Michie, B.D. Steele, A.J. Gibson and H.J. Priestly. In March 1911 the university students were admitted and the first graduation was held at the Exhibition Hall on 1 June 1911, at which 180 degrees were awarded ad eundem gradum, recognizing degrees from other universities and some Doctor of Laws honoris causa, recognizing the contribution of selected persons towards the establishment of the university.

F.W.S. Cumbrae-Stewart Source: University of Queensland Archives: UQA S250 P4

4

T.C.Beirne School of Law: A History, 2nd ed. Cumbrae Stewart KC, DCL10 was Registrar of UQ over 1910-1925 and the Garrick Professor of Law over 1925-1936.11 He was born in Canterbury, NZ in 1865, educated at Melbourne and Geelong Grammar Schools and at Christ Church, Oxford University where he took History (Hons) and then a BCL (1887). He was called to the Bar in London 1887 and returned to Australia in 1888 (and later graduated BCL in 1897).12 He practised law in Victoria and then in Brisbane (1890-1903) and joined the Brisbane firm of Thynne & Macartney until he was appointed the first UQ Registrar in 1910.13 After the Garrick Bequest in 1923 to establish a Chair in Law, see Section 1.4 in this chapter, Cumbrae Stewart was appointed as the first incumbent and he then taught law into the BA degree until the Law School was established in 1936, see next section.14 He was very vigorous in many fields in the University and in the wider community. He retired from the University in 1936 when the Law School was established and died in Melbourne in 1938, aged 73 years. He married Zina Hammond in 1905 and they had one son, born in 1908.15 The university activities gradually expanded. Staff were appointed, a Department of Correspondence Study was established and Regional Lecture Tours conducted to accommodate scholars who could not physically attend, which went some way to cater for the sentiment that the university was to serve the people of the whole State and not just those in the Brisbane area. During World War I (1914-1918) the studies continued, albeit with many of the young men away on war service16 and after the peace four new chairs were established.17 Mr. J.D. Story18 chaired a Senate Select Committee on university organization and expansion, adopted by the Senate in 1920, which guided the steady expansion during the 1920s. This then was the background for the expansion of the Arts Faculty to include some law subjects and a step towards the creation of the law school in 1936. 1.2 Law in the Faculty of Arts The genesis of the University law school really began in 1920 when the Senate adopted a report of the Select Committee on University Organisation and Expansion, mentioned above. The report set out proposed future expanded activities and paramount among these developments was the ‘provision for a lectureship in law under the Faculty of Arts’. A 10 Francis William Sutton (Frank) Cumbrae-Stewart (1865–1938) was a barrister and university professor; Wikipedia online https://en.wikipedia.org/wiki/Frank_Cumbrae-Stewart; Australian Dictionary of Biography Vol. 8 1981, online at http://adb.anu.edu.au/biography/cumbrae-stewart-francis-william-sutton5841. 11 Helen Gregory Vivant Professores, 1987, UQ Fryer Publication, 27. 12 Helen Gregory Vivant Professores, above, 27. 13 Helen Gregory Vivant Professores, above, 27-28. 14 Helen Gregory Vivant Professores, above, 28-29. 15 Helen Gregory Vivant Professores, above, 29. 16 At the outbreak of World War I in 1914 the teaching staff totalled 32 and the students 231 of which 151 were day students, 44 evening students and 36 external students. 17 Philosophy, Geology, Biology and Physics. 18 John Douglas Story devoted several decades of service to the University of Queensland as ViceChancellor, most of it honorary, and was a major contributor to its many successes during this period. His grandson John D Story also devoted years of service to the University on the Senate from May 2006 and as Chancellor from 2009 to 2015; as to whom see Chapter 5.

5

T.C.Beirne School of Law: A History, 2nd ed. fully functioning Faculty of Law was placed last on the list mainly because of lack of funds to pay for it. Lack of finance bedeviled the whole university, but with the bequest of £10,000 from the estate of Miss K.C Garrick in honour of her father, the Senate was able to act in 1923. The principal was invested and it was decided to devote the income towards the establishment and maintenance of a Chair in Law to be known as the Garrick Professorship of Law. This eventually facilitated the creation of a department of law within the Faculty of Arts, and while this enabled students to enroll in a small number of law courses,19 it did not meet the minimum requirements for students to gain admission as barristers or solicitors. The BA graduates then completed their legal studies with subjects and exams held by the Law Society and the Bar Association respectively for admission by the Supreme Court to practice and entry on the respective Rolls of practitioners. On 22 May 1923 a conference was held between the Senate and representatives of the Bar Association and Solicitors’ Board which urged upon the Senate the desirability of establishing a full teaching faculty of law.20 Chief Justice McCawley21 also desired that the University should also become the sole examining body for law examinations in Queensland and that the membership of any teaching faculty should be such as to make due provision towards that end.22 While the representations put forward at the conference received the earnest consideration of the Senate, the question resolved itself into one of finance. The University Finance Committee advised the Senate that the immediate expenditure which would be involved in the establishment of a full faculty of law would be approximately £2,000 per annum, yet only £1,200 derived from student fees and the Garrick Bequest could be set aside annually for the proposed school to assist. It was suggested that the deficit of £800 per annum could be subsidized by the State Government but the Under Secretary of the Department of Public Instruction decisively rejected this proposal.23 In the face of limited resources it was suggested as an alternative by the Finance Committee to deplete the University’s McCaughey Fund to set apart for law purposes an unallocated amount of £3,000 that at the time stood to the credit of the fund. This amount together with the annual allocation of £1,200 would enable the Senate to run a full faculty of law for a period of five years only. By December 1923, without the possibility of 19

As of 1928, the courses on offer under the Faculty of Arts were Roman Law, Jurisprudence, Public International Law and Constitutional Law. The legally useful courses in Public Administration, Governance and Constitutional History were also available in addition to Latin (which was a subject necessary for admission as a Barrister or Solicitor for many years).. 20 File Note, Re Requirements Faculty of Law, Batch No 23/977, UQA S130, June 1923. 21 The Honourable Thomas William McCawley (24 July 1881 – 16 April 1925) was a controversial appointment to the Supreme Court opposition to which gave rise to a number of cases. He was chief justice of Queensland 1922-1925; Wikipedia https://en.wikipedia.org/wiki/Thomas_McCawley; Australian Dictionary of Biography Vol 10, 1986. 22 Report University of Queensland Faculty of Law, UQA S130 Box 3, 1924. 23 Letter dated 4th December 1923 from Under Secretary, Department of Public Instruction to the Registrar, University of Queensland.

6

T.C.Beirne School of Law: A History, 2nd ed. future secured funds and as a temporary faculty was undesirable, the Senate deferred any decision on establishing a faculty of law until the Garrick Professorship had been appointed. The need to appoint a suitable candidate to the Garrick Professorship necessitated widespread advertisement of the position among legal academics, with applications being invited in Australia, the United Kingdom, Canada and the United States. With the approval of the Senate in November 1924, the position of Garrick Professor of Law was advertised at a fixed salary of £800 per annum subject to a deduction of 10% for endowment assurance purpose but with the right to legal practice.24 By September of the following year, the University had received 10 serious applications from across the Commonwealth and it was decided that Professor Francis W.S. Cumbrae-Stewart, the former UQ University Registrar (mentioned above), be appointed to the position commencing 1 January 1926.25 With the Garrick Professorship established some law subjects were at last being taught under the ambit of the Faculty of Arts. The inaugural professorial lecture was given by Cumbrae-Stewart on 15 March 1926 following the unveiling of the commemorative bronze tablet by the then Lord Mayor of Brisbane, Alderman W.A. Jolly.26 Until the establishment of the full Faculty of Law a decade later, Professor Cumbrae-Stewart taught the few legal courses available in subjects such as Jurisprudence and Roman Law. Whilst renowned as possessing a brilliant intellect, Cumbrae-Stewart also demanded absolute excellence from his students and has been remembered as a man that commanded respect, even terror, rather than affection from those enrolled in his courses.27 This was an advance, but the limited namber of subjects and the inability of students to meet minimum requirements necessary for admission from university studies,28 made the need for the establishment of a permanent teaching faculty of law readily apparent.

24

Upon review of the University Senate, the initial salary of £800 per annum was increased to £1000 per annum from the start of 1925. 25 The ten applicants were: Professor Francis W.S Cumbrae -Stewart, Professor James Adamson, Mr. Daniel J.D Bevan, Mr. K. Drake-Brockman, Mr. Eugene Thomas Finn, Mr. Sheepshanks, Mr. Neville V. Henderson, Mr Lloyd C. Hutchinson, Dr. Donald Kerr, and Mr. Neville G. McWilliams. University of Queensland Senate Minutes, 25 September 1925. 26 The tablet was fixed to a wall inside the entrance door to the University library in the old George Street University precinct, which is now the site of the Queensland University of Technology. After the law school moved to St. Lucia in 1949 the tablet was affixed to the wall outside the staff common room (later names the Sir Samuel Griffith Room).on Level 3. 27 F.W.S Cumbrae-Stewart in Helen Gregory Vivant Professores: distingushed mmebers of the University of Queensland, 1910-1940 (1987), pp.28-9. 28 Law students in Queensland were then, in the main, admitted from courses established by the Bar Association of Queensland and the Solicitors Board. Those who gained their BA were exempt from Stage 1 of such studies and only had then to pass the ;professional subjects to be eligible for admission. For a review of the development of legal education in Queensland see White, M. “The Development of the Divided Legal Profession in Queensland” (2004) 23 University of Queensland Law Journal 296-318.

7

T.C.Beirne School of Law: A History, 2nd ed.

Professor Cumbrae-Stewart with law students in the BA Degree in 1929 The names of those in the photo are written on the back of the original and, as far as it can be discerned, they are:. Back Row: P H Bowden, M McAlpine (?), J McCormack, C Sutton, J(?) Gaffney, B P Mahoney, A L Bennett, C B Byrne, B Leoanden (?). Centre Row: D N Gredden, D S Maxwell, R F J Cormack, R Hamilton, G H B Eagles, N S Stable, E I Sykes, H Lanlon (?). Front Row: R F Carter, Professor Cumbrae-Stewart, E L Johnson. Source: University of Queensland Archives: UQA S177 P1393 In August 1928, a petition to the Supreme Court Chief Justice James William Blair29 by 14 students for the establishment of a fully functioning faculty of law reinvigorated the debate.30 It was pointed out that under the arrangement at that time it was necessary for students to go to southern universities in order to obtain a degree in law. Bachelor of Arts student that availed themselves of all the law subjects then on offer still required an

29

The Honourable Sir James William Blair KCMG (16 May 1870 – 18 November 1944), politician, lawyer and judge. He was a judge of the Supreme Court of Queensland from 1922 and Chief Justice 1925-1940, Wikipedia online https://en.wikipedia.org/wiki/James_Blair_(Australian_judge); Australian Dictionary of Biography Vol.7, 1979, online at http://adb.anu.edu.au/biography/blair-sir-james-william-5266. In the parliamentary debates on the establishment of the University of Queensland Blair had argued unsuccessfully for the waiving of all fees and in 1915-16 he became a member of the University Senate. He was reappointed in 1926 and was elected Chancellor in 1927 and moved to improve the university's primitive accommodation and by 1930 it had accepted a gift of 200 acres (81 ha) at St Lucia from Dr J. O. Mayne. The work of creating a new campus occupied much of his time, but World War II prevented its completion before his death in 1944, see ADB fourth last para. 30 Petition on a Proposed Faculty of Law for the University of Queensland, dated Wednesday 1 August 1928. The fourteen students that signed the petition were: Reg. F Carter, D.S Maxwell, D.N Gredden, E.Q Sykes, Norton Stable, G.H.B Eagles, Percy F Wright, Marian B Walker, E.A Francis, R Hamilton, M Hanger, M.J Boge, Ralph F.J Cormack, and E.C Johnson.

8

T.C.Beirne School of Law: A History, 2nd ed. additional two years to seek admission as a barrister and at least an additional three years to become a solicitor.31 As the only educational authority in Queensland affording tertiary education and instruction in law, the need for the full university faculty of law was apparent to all.32 1.3 Simple Beginnings With finances still inadequate to maintain a functioning faculty of law, the early 1930s were spent lobbying a variety of interests throughout the State to meet the necessary costs.33 Despite the efforts of senior people such as Professor Cumbrae-Stewart and Chief Justice Blair requests for assistance were all unsuccessful. By the end of 1934. however, the University had approached Thomas Charles Beirne, the proprietor of a large Brisbane department store and local business personality. Mr. Beirne was at this stage also Warden of the University and had on prior occasions commissioned legal works from members of staff,34 thereby forming a natural focus for requests of assistance. Aware of the acute educational and utilitarian benefits to Queensland of an established faculty of law at the University, Mr. Beirne was originally willing to donate a sum of £10,000 towards its establishment. While this sum would have proved more than sufficient to ensure the establishment and future survival of the faculty, Professor Cumbrae-Stewart and Chief Justice Blair convinced Mr. Beirne to increase this to an endowment of £20,000 paid in installments of £5,000 per annum for the subsequent four years. In a letter dated 13 April 1935 Mr Beirne advised the Senate of his intention to make the gift in this amount to meet the ‘urgent need of the University in establishing a faculty of law’.35 With its only impediment removed, the University Senate gratefully accepted the offer on 10 May 1935 and approved the Law Faculty. The first payment was made shortly thereafter and the University received the final instalment on 29 March 1939.36

31 The reason for this anomaly was that the Barrister’s Board had granted exemption to graduate students from the intermediate bar examination while those who intended to become solicitors were not exempted from the intermediate solicitors’ examination, despite its lower educational status. 32 An impassioned report of the Committee of the Board of Faculties and accompanying Explanatory Memorandum by Garrick Professor Cumbrae -Stewart in 1928 summarised the scope of studies in law at the University at that time and the pressing need for further legal instruction to become available in order to maintain the standard of the legal profession within the State. The arguments put forward were similar to those that had been voiced on numerous occasions in the proceeding years; Report of the Committee of the Board of Faculties on Matters Relating to the Establishment of an Active Faculty of Law in the University of Queensland, 1928. 33 File Note, Re Requirements Faculty of Law, Batch No 23/977, UQA S130. 34 For example, in 1933 Mr Beirne guaranteed the cost of £400 for the publication of a book by Professor A.C.V Melbourne entitled “Early Constitutional Development in Australia”; University of Queensland Senate Minutes, 2 January 1942. 35 Letter dated 13 April 1935 from the Hon. T.C Beirne to the University of Queensland Senate. 36 File Note, ‘Bequests TC Beirne School of Law’, Batch No.35/518, UQA S130, March 1939.

9

T.C.Beirne School of Law: A History, 2nd ed.

TC Beirne and others c.1935 L to R: Archbishop James Duhig, T C Beirne, Dr W N Robertson, Sir James Blair (Chancellor), Professor Steele, J McCaffrey, Professor Hawken, W. L’Estrange. Source: University of Queensland Archives: UQA S177 P7 With adequate funding firmly secured, the Senate was able to implement plans that had been on hold for almost a decade and quickly organized resources and rooms to house the new faculty. There was, however, some debate amongst the Senate as to the composition of the new faculty, with guidance being sought from the way in which the southern universities had gone about staffing their law schools. The University of Melbourne’s law school for example consisted of only one professor and four part-time lecturers and the University of Sydney consisted of two professors and nine full-time lecturers. The practicality of the situation faced by the Senate meant that it was decided, for the time being at least, that the Faculty of Law at the University of Queensland should be run only with the Garrick Professor, supported by a small staff of full-time academics. Remaining staff was to be drawn from part-time specialists from the legal profession who could impart practical knowledge to the student body. Professor Robert Yorke Hedges replaced Professor Cumbrae-Stewart in the Garrick Chair, whose appointment to the position expired at the end of 1935 and who decided to retire at 71 years of age. In May 1936, six students commenced studies for a Bachelor of Laws within the newly formed Faculty of Law under the direction of Professor Hedges, the second Garrick Professor of Law.37

37

The University of Queensland Book of Statistics, 1959, p61.

10

T.C.Beirne School of Law: A History, 2nd ed.

Professor Robert Yorke Hedges Source: University of Queensland Archives: UQA S135 P Hedges, Garrick Professor from 1936 to 1945, was born in Manchester, England in 1903, educated at Manchester High School and Victoria University, Manchester where he won many academic prizes, graduating in 1924.38 He then had research positions in Harvard University, USA and Geneva, Switzerland and was awarded his LLM from Manchester for a thesis on arbitral settlements in international law and he returned to Manchester as a lecturer in law in 1928. He graduated LLD in 1932 becoming a Senior Lecturer.39 He arrived at UQ to the newly established Law Faculty in May 1936 as a brilliant young professor. War broke out in 1939 and he became a Major in the British Army in 1942 and left Brisbane to undertake special military tasks in Britain. After the war he did not return as had been expected, but resigned from UQ in 1945 and held judicial position in various Colonies in the British Civil Service, dying in England in 1963.40 The Faculty of Law provided fairly rudimentary legal education in its first year of operation. With the Senate still seeking applications for additional staff, Professor Hedges was left with the task of teaching all of the classes that were on offer. With only six students commencing their legal education for the first time, only general introductory subjects (many the same as those previously available under the old Faculty of Arts course) were made available, with the intention of expanding the curriculum as the first cohort of students advanced in their studies.

38

Helen Gregory Vivant Professores, above, 48. Helen Gregory Vivant Professores, above, 48-49. 40 Helen Gregory Vivant Professores, above, 27. 39

11

T.C.Beirne School of Law: A History, 2nd ed. The commencement of the 1937 academic year saw enrolments in the Law School double and the introduction of additional courses.41 Alongside the first-year staple subjects of Roman Law, Constitutional Law and Jurisprudence, additional courses in areas such as Equity, Criminal Law, Contracts and Torts law were also made available.42 This necessitated the expansion of the staff to include a new full-time lecturer, Dr. Thomas P. Fry, and several other specialist lecturers drawn from the local legal fraternity. For the next few years enrolments continued to increase, as did the number of legal academics who taught the various courses. The introduction of the Bachelor of Laws degree meant that students now satisfied the requirements for admission in Queensland and September 1938 saw the first awards ceremony for students graduating with a Bachelor of Laws. Chief Justice Blair and Professor Hedges presented the awards in alphabetical order to Una Bick, Lex Seymour Dunn and Lionel Morrison as the Faculty’s first graduates. Reginald Francis Carter, later a District Court Judge, was awarded his Master of Laws.43 In April the next year, Harry Talbot Gibbs44 and Thomas George Matthews45 were awarded their Bachelor of Law with First Class Honours. They had been part of the first class but the requirement for their Honours First Class involved extra study and exams, so their graduation occurred the next year. Una Bick was the first UQ female law graduate and in 1946 she married Anthony Prentice, a graduate of the 1940 graduating class, after he returned from his war service. See Section 1.3.3 in this chapter for further information on Una Bick. With the graduation of these students, not only had the dream of a fully functioning law school been realized, but it also marked the maturation of the University of Queensland and its alignment with southern institutions in providing a sound university law degree.

41

The University of Queensland Book of Statistics, 1959, p61. Calendar of the University of Queensland, 1937, p196. 43 The list of law graduates is set out in Appendix I. 44 The Right Honourable Sir Harry Talbot Gibbs GCMG., AC., KBE., BA., LL.B., LL.M., Hon LL.D., Hon D.Univ., QC, Chief Justice of the High Court 1981-1987. 45 Later the UQ Legal Officer for many years. 42

12

T.C.Beirne School of Law: A History, 2nd ed.

Garrick Plaque Source: University of Queensland 1.4 Garrick Bequest and Chair of Law James Francis Garrick (1836-1907) was born on 10 January 1836 at Sydney, the second son of James Francis Garrick who migrated in the early 1830s to manage a flour-mill.46 Like his elder brother, James was articled to a Sydney solicitor. He was admitted to practice in December 1860 and his brother practised in Christchurch, New Zealand. In 1861 Garrick moved to Brisbane, where only four attorneys were then in practice. He went into partnership with Charles Lilley,47 built up a flourishing practice and became solicitor to the City Council. Garrick represented East Moreton in the Legislative Assembly in 1867-68. In 1869 the Lilley ministry appointed him to the Legislative Council but he soon left for London and after an absence of two sessions his seat was declared vacant. In London he resumed his legal studies and was called to the Bar of the Middle Temple in 1873. Next year he returned to Brisbane and was admitted to the Queensland Bar. He became a Queensland 46

The sources for this history of the Garrick Chair are taken from the Australian Dictionary of Biography Entry by Professor Ross Johnston (using sources from RS Browne, A journalist’s memories (Brisbane, 1927); C Lack, ‘Colonial representation in the nineteenth century’, JRHSQ, 8 (1965-66); Argus, 12 May 1890; The Times, 14 Jan 1907; Col Sec letters to and from agent-general (QA); Griffith papers (Dixon Lib, Sydney).); The Brisbane Courier 9 March 1926; material held in the UQ Archives, researched by Ms Megan Lyneham, especially the UQ Senate papers.; material held in UQ Records Management Services, researched by its manager, Ms Marguerite Stringer. 47 Later Sir Charles Lilly (1827-1897), Chief Justice of Queensland (1879-1893). Lilley resigned after an uproar over his conduct in and judgment on a trial in which he set aside the verdict of the jury, was partisan in his judgment against some of the defendants, favoured his son who had appeared in the trial and was overturned in severe terms by the Court of Appeal; see entry in Australian Dictionary of Biography Vol. 5, 1974; online adb.anu.edu.au/biography/Lilley-sir-charles-4020.

13

T.C.Beirne School of Law: A History, 2nd ed. crown prosecutor. Meanwhile in 1877 he had re-entered politics for East Moreton. In February 1878 he was appointed secretary for public lands and mines in the ministry of John Douglas48 and in December he became attorney-general which office he held for two months before the government fell. From 1879 he was prominent in the Opposition led by Samuel W. Griffith to the McIlwraith government until November 1883 when Griffith took over the government and appointed Garrick temporarily as colonial treasurer. In 1882, whilst in politics, he was appointed Queen’s Counsel. In 1883-84 he was postmaster-general, a post that customarily involved leadership of the government in the Legislative Council, to which he was duly appointed. In June 1884 Griffith appointed Garrick as agent-general for immigration in London as minister without portfolio while still holding a seat in the Executive Council. Apart from an interruption from June 1888 to December 1890, Garrick held his post in London until October 1895 and was very active in the many and various immigration programs. He was appointed CMG in 1885 and KCMG in 1886.49 In 1895 he was appointed a judge of the Queensland Supreme Court but did not assume office. He was a director of several companies and he remained in London until he died at his home on 12 January 1907. He was survived by his wife Catherine, daughter of Dr JJ Cadell of Brisbane, whom Garrick had married on 3 January 1865 and from which marriage there were three children.50 Described as a ‘brilliant lawyer, a well set up handsome man, cultivated and of great personal charm’, Garrick was also a fine speaker, very courtly and diplomatic. Sir James Garrick’s daughter, Katherine Cecie Garrick, left provision in her Will51 to endow a professorship in law or medicine and also to construct a tablet in the memory of her father in the following terms: ‘My Trustee shall hold one moiety of my Residuary Estate UPON TRUST to pay the income to my mother Dame Catherine Garrick if she shall survive me during her life and from and after the death of my said mother UPON TRUST to pay free of all duties to the Senate of the University of Queensland the sum of Fifty pounds to be expended in setting up a tablet in the buildings of the University to the memory of my late father Sir James Francis Garrick K.C.M.G. and the further sum of Ten thousand pounds free of all duties for the purpose of founding a Professorship either of law or medicine as may seem best to the University to be entitled the James Francis Garrick Professorship of Law or Medicine as the case may be ……’.

48

John Douglas was the founder of the Queensland ‘legal’ Douglas family which has produced many prominent judges, barristers and solicitors. 49 The British and Colonial Honours of Companion of the Order of St Michael and St George and Knight Commander of the Order of St Michael and St George respectively. 50 The three children were Katherine Cecie Garrick, James Cadell Garrick and Francis Cadell Garrick. 51 The Will was dated 22 November 1916.

14

T.C.Beirne School of Law: A History, 2nd ed. In 1923 the Senate decided on a Chair in Law, in the Faculty of Arts, to be called the ‘James Francis Garrick Professorship of Law’, and appointed to it Professor Francis W. S. Cumbrae-Stewart, details about whom are set out above. A bronze tablet was constructed and it was unveiled on 15 March 1926 by the then Lord Mayor of Brisbane. Also as mentioned, the first Garrick appointment was made in 1926 to Professor Cumbrae-Stewart until he resigned in 1936 when Professor Hedges was appointed head and dean of the new Law Faculty. Hedges resigned in 1945 and Acting Honorary Professor A.D. McGill (a practising barrister) held the Garrick Chair from 1945 to 1948. In 1948 Professor W.N.L. Harrison became Garrick Professor of Law and also dean and head. From 1 January 1962 Professor E. I. Sykes was appointed Professor of Public Law but the Garrick chair stayed with Harrison until his death on 16 July 1966.52 The Garrick chair was then transferred to Sykes, he then being head of the Law Faculty, with the Vice-Chancellor’s approval given for it on 2 August 1966. Professor Tarlo was appointed the acting head and dean on 30 April and Sykes’ resignation, previously offered but delayed until 11 May 1967 for the new head to settle in, then took effect53 on which date the Garrick Chair then lapsed. In November 1968 the UQ Senate decided on a fourth chair in law and advertised for a Garrick Chair of Law associated with the Headship of the Department of Law, to which the existing three chairs could apply. However, after a report was made by the president of the Professorial Board (E C Webb) the Senate resolved to appoint a fourth chair and after that appointment was made then to allocate the Garrick Chair. On 13 October 1969 Professor Kevin W Ryan54 was appointed Head of Department for five years and, after a recommendation by a committee to that effect, Ryan was appointed to the Garrick Chair for five years from 1 December 1969 and then it lapsed until he was reappointed to that chair from 1979 to 1985. It then lapsed again until Professor Gabriel Moens held the chair for five years from 14 October 1999. The appointment of Professor James Allan was made by the UQ Senate from 5 February 2004 which chair he still holds.55 1.5 Thomas Charles Beirne (1860-1949). Donation One of the first millionaires in Australian history and a founder of the Brisbane business community, Thomas Charles Beirne, was born on 9 July 1860 at Ballymacurly, Roscommon, Ireland. The son of a farmer, he received very little in the way of formal 52

In July 1967 the Senate appointed Mr D J Whalan of the Australian National University, to the chair previously held by Harrison. 53 Professor Sykes took up a position at the Melbourne University Law School. On 14 December 1967 the Senate approved that Dr K C T Sutton, senior lecturer in law, University of Sydney, be appointed to the chair. 54 Dr Ryan had been a Reader but resigned to join the Australian Department of Trade as an Australian Trade Commissioner and Councillor in Rome, Italy, being familiar, amongst other languages, with Italian. 55 Much of this information on the Garrick Chair was taken from the UQ Archives with research done by Megan Lyneham, a UQ library researcher and archivist. Further detail on the holders of the Garrick Chair may be found in Michael White “History of the Garrick Chair at the TC Beirne School of Law” (2010) UQ Law Journal 335-346.

15

T.C.Beirne School of Law: A History, 2nd ed. education before being apprenticed as a draper to his cousin Dominick Owens. In March 1881 he joined M. D. Piggott who convinced the young T.C. Beirne to migrate to Australia.

Thomas Charles Beirne Source: Notable Men of Queensland, 1950; courtesy of Mr. Bruce Ibsen, UQ Archives After migrating aboard the Lusitania Beirne arrived in Melbourne in February 1884 before heading to Brisbane to enter into a partnership with Piggott in opening a drapery store in Stanley Street. After marrying Ann Kavanagh in April 1887, Beirne opened his own store in Fortitude Valley in 1891. The phenomenal success of his store resulted in expansion into other retail endeavors and an extensive portfolio of shares and bonds. By the 1900s, T. C. Beirne had become one of the most influential men in Queensland and helped to transform Brisbane into a major retail centre. His financial success and corporate acumen meant that he was also a welcome addition to many of Queensland’s company boards of the time, including the Brisbane Tramway Co, Queensland Trustees, the Atlas Assurance Co and the British Australian Cotton Association. Beirne enjoyed the confidence of many in the business community and he was also heavily supportive of the educational development of the State, giving generously to Catholic Church schools and the fledgling University of Queensland. He was elected to 16

T.C.Beirne School of Law: A History, 2nd ed. the University Council in 1927 and was Warden from 1928 to 1941. The name T.C. Beirne was to become synonymous with the University’s law school when, in 1935, he donated £20,000 to establish a fully operational faculty of law, although the name ‘T.C. Beirne School of Law’ was not popularized until the name was promoted by Professor Geoffrey De Q Walker in the late 1980s. The amount bequeathed was double that originally intended after Beirne was persuaded to increase the bequest by Chief Justice of Queensland, Sir James Blair, and the Garrick Professor of Law, Francis CumbraeStewart. The donation enabled rectification of the lack of effective tertiary legal education in the state of Queensland. During his time as Warden, Beirne continued to be closely involved with the development of the law school and commissioned various works to be written by the academic staff of the law school. After resigning from the University Council in 1941, Beirne retained an active interest in the school until his death on 21 April 1949. At his death, T.C. Beirne’s business acumen was demonstrated by his leaving an estate was sworn for probate at £1 251 574 in Queensland alone. There were also assets outside the State.56 1.6 Una Gailey Prentice (nee Bick) (1913-1986). First Female Gradate As the state of Queensland’s first ever female law school graduate, Una Bick was to enjoy numerous distinctions as the first woman to succeed in various aspects of the legal profession. Una Gailey Bick grew up within the City Botanical Gardens where her father was its curator and they lived in a house in its grounds. Completing her secondary education at St Margaret’s College, Una gained a university scholarship to study for a Bachelor of Arts. She was awarded her Arts degree in 1935. The year 1936 was the first time the University of Queensland offered a Bachelor of Laws and the idea of continuing her studies in law appealed to Una. She enjoyed the support of her parents and others but she was to find the male legal establishment was not then encouraging to women, something she was to battle with for most of her professional life. In September 1938, because the degree awards of the first three law school graduates were presented in alphabetical order, Una Bick became the state’s first law degree graduate and subsequently the first woman to be admitted to the Bar of the Supreme Court of Queensland.57 While women in Queensland had been given the right to practice and train as lawyers since 1905, Una found that the reality was very different. After numerous rejections for jobs as a solicitor or barrister and no response from any of the government departments to which she applied, Una settled for a job cataloguing the collection of Sir James Blair in the beginnings of a Law Library. The outbreak of World War II in 1939 brought with it mixed blessings. With the number of practicing lawyers dwindling as men signed up for war service, the Commonwealth 56

See Australian Dictionary of Biography Vol 7, online at adb.anu.edu.au/biography/beirne-thomas-charles 5186, and research done by Ryan Gawrych. 57 The first woman admitted as a solicitor was Agnes McWhinney, in 1915.

17

T.C.Beirne School of Law: A History, 2nd ed. Deputy Crown Solicitor needed legal officers and responded to Una’s long-forgotten application. Una was initially employed as a temporary clerk but later became the Commonwealth’s first female prosecutor. Amongst those who joined the armed forces at that time was Una’s future husband, Tony Prentice.58 With the end of the war in 1945, Una left the Commonwealth Crown Prosecutor’s office in anticipation of dismissal once male legal officers returned to work and she joined the private firm of Stephens and Tozer in Brisbane. The following year Una and Tony were married upon his return from the war and for a short time both husband and wife practised law. Notwithstanding this, Una’s legal career was short-lived and she opted for the role of homemaker after the birth of the couple’s son, Roger, in 1952.

Una Prentice after receiving a Doctor of Laws, Ad Honoris Causa, in 1986 Source: University of Queensland Archives: University News 254 No. 4699 In 1985, Una Prentice received an honorary doctorate from the Law School in recognition of her contribution to women, the legal profession and the university. She died in 1986. The Women Lawyers Association of Queensland Inc. has an annual Una Prentice Award in her memory in collaboration with the College of Law, Sydney.59

58

Anthony Graham Prentice graduated with his Bachelor or Laws (UQ) in 1940. Mostly derived from research done by Ryan Gawrych, then a UQ law student and Research Assistant to the author; Heather Grant, Great Queensland Women, 2005, Qld Office for Women, Dept. of Local Government, Planning, Sport and Recreation; Susan Purdon and Aladin Rahemtula (eds) A Woman’s Place, Supreme Court of Queensland Library, 2005. For the Women’s Lawyers Association Queensland see; www. http://wlaq.com.au. 59

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Michael White T.C.Beirne School of Law: A History, 2nd ed.

Chapter 2 World War II and the Move to St. Lucia: 1939-1950 2.1 2.2

2.3

Preparation for War World War II (1939-1945) 2.2.1 Secret Operations Room and Offices 2.2.2 UQ Lawyers Lost 2.2.2.1 Alexander Charles McNab (27 July 1918-2 May 1943) 2.2.2.2 Chester James Parker (29 July 1916-11 August 1942) 2.2.2.3 George Douglas Rutherford Avery (24 July 1918-22 October 1942) 2.2.2.4 Charles Stumm (29 August 1913-13 May 1944) 2.2.2.5 Harrold Graham Pace (31 October 1916-13 May 1942) New Law School Home at St Lucia 1948-1949

2.1 Preparation for War With its first graduates having only graduated in 1838, 1939 marked a period of great challenge for the fledgling Law Faculty and the University as a whole. With the outbreak of war in Europe on 3 September 1939, Australians were once again called upon to join the imperial war effort and send troops, ships and aircrew to the fighting in Europe and later North Africa. Until the Japanese attack on the USA fleet at Pearl Harbor on 7 December 1941, Australia’s commitment to the war mirrored its role in World War I (1914-1918) in that it focused on Europe. However, in early 1942 Japanese forces invaded the territory of Papua New Guinea and then in February 1942 mainland Australia came under attack when Japanese forces commenced air raids on Darwin and the war in the Pacific was on Australia’s doorstep and the likelihood of invasion loomed. For the first two years of the war at least, the Law Faculty presented its courses much as normal. Even though some of its students left to join the Armed Forces, the classes continued and the rate of enrolment was steady1 for 1940 and 1941 as the newly founded Faculty tried to expand and evolve. The American war effort gradually escalated after Pearl Harbour but the Pensacola naval convoy had already arrived at Hamilton Wharves in Brisbane on 22 December 1941, having been redeployed from the American territories when the Japanese forces invaded the Philippines. Australia was in a vulnerable position, with no independent foreign policy or diplomatic corps and only a limited defence capability. Moreover the faith in the British fortress at Singapore had given a false sense of security. British Prime Minister Winston Churchill had promised in August 1940 that naval aid would be forthcoming if Australia and New Zealand were attacked by Japan, but with the proviso

1

According to University statistics, the number of enrolments for the LLB course in 1941 was 28, which was only 3 less than in 1940 and the same as in 1939; see under for the rapid expansion of students after the conclusion of WWII.

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Michael White T.C.Beirne School of Law: A History, 2nd ed. that the mother land had to be defended as a first priority.2 In late 1941, little did Australian leaders know that secretly Churchill and President Roosevelt had agreed to a “Beat Hitler First” strategy that left the British Dominions weak without the armed support promised to them.3 The British navy had sent the battleships Prince of Wales and Repulse but they were unsupported by an aircraft carrier and had been sunk off Malaya by Japanese aircraft in December 1941. The Commonwealth government had already started moving Australia on to a war footing and the Queensland government responded to the initial crisis by promulgating the hard-hitting Public Safety Act of 1941, which gave the executive unlimited powers without resort to Parliament or public scrutiny. Within days of the Japanese attack on Pearl Harbour on 7 December 1941 the Queensland government released its plans for civil defence which ranged from the provision of extensive air raid shelters, the training of women defence wardens and the use of salt water to fight fires from direct incendiary attacks.4 Urgent preparations, from the boarding of windows to the digging of emplacements and trenches, began all across the city.5 Fortifications and huts erected for temporary military accommodation also appeared as the very fabric of Brisbane changed to respond to the sense of dread anticipation. Major streets in Brisbane like Elizabeth and Anne contained large public air raid shelters. Plans were also afoot for the mass evacuation of women and children by the Army.6 But the physical structure of the city was not the only thing to change in response to events of the day. By August of 1942 almost 60,000 US troops were based in Brisbane and the surrounding area; all under the command of General Douglas MacArthur who established his headquarters in the AMP building in Queen Street.7 The precinct of Queen Street from Edward to Creek Streets became the operational centre of the war effort in the south Pacific. The State and Commonwealth Censors, the Department of Aircraft Production, the Department of Information and the Allied Press Office operated from the Commonwealth Bank Chambers at 239 Queen Street, with a US senior officers’ planning division, the Allied Work Corps, Department of the Interior (Works and Services branch), the Australian Air Corps Training Office and the Commonwealth Oil Refineries Ltd in the National Mutual Life Building at number 239. US senior officers, the Australian Army Inventions Directorate and the Department of Labour and National Service were housed at number 289 in the Colonial Mutual Life Building, with the secret 2

David Day, The Politics of War, 1939-45: from Churchill to MacArthur, Harper Collins, Sydney, 2003, p.72; Graham Freudenberg Churchill and Australia, Macmillan Australia, 2008. 3 Christopher Bayly and Tim Harpur, Forgotten Armies: The Fall of British Asia, 1940 -45, Harvard University Press, 2005. 4 File on state civil defence, Queensland State Archives (QSA) Premiers Department, PRE/6432. 5 Bevan, Scott, Australian Artists at War: Battle Lines, Random House, Sydney, 2004, p186. 6 Report on the evacuation plans for Queensland, 19 May 1942, national Archives of Australia (NAA), Department of the Army, Secret Correspondence, multiple series, (class 401), file 16/402/91. 7 Figures quoted in Bevan, Scott, Australian Artists at War: Battle Lines, Random House, Sydney, 2004, p186 in Thompson, Peter A. and Macklin, Robert, ‘The Battle of Brisbane’, ABC Books, Sydney, 2000, p159.

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Michael White T.C.Beirne School of Law: A History, 2nd ed. allied propaganda unit in the Penny building, Queen Street diagonally across from the AMP. The GPO acted as the central communications hub of the combined Allied war effort in the South West Pacific region. The role played by the Australian Army headquarters in the newly constructed university buildings at St Lucia is set out under. Still then based in the George Street Precinct, the Law Faculty was placed near all of these changes for the war effort. Suddenly Brisbane was a centre of global importance in the defence of the Allied effort against the Japanese forces. The pressures to defend the nation and not simply the distant Empire dramatically impinged on the Law School. At the start of the 1942 academic year, enrolments in law dropped by half.8 Many students suspended their law studies to take up active service, while others postponed the commencement of their university study.9 Some members of staff traded academic gowns for military uniforms. While other departments in the University had staff on active service during the World War I, 1942 was the first time that people in the newly established Law Faculty had to manage service to their country with the demands of academia. Dr Thomas P Fry took up active service with the Army from 1942-1945 and was forced to give up teaching constitutional history, equity and property full-time, although he was still a member of the faculty during the war years and resumed teaching duties at its end. Mr. Mostyn Hanger, a barrister and special part-time lecturer in company law, continued teaching despite his enlistment with the RAAF.10 Many other barristers and solicitors also suspended teaching to go to war. For those that remained, the need to forge ahead and ensure the survival of the Faculty was paramount. With fewer students and a curriculum that was only a few years old, it was necessary to refine some subjects while others, such as the law of the sale of goods, were temporarily dropped altogether.11 While the curriculum as a whole remained relatively unchanged, the war-footing of Brisbane presented challenges to those that undertook the study of law. Classes in torts, jurisprudence and legal ethics were supplemented with instruction in basic first aid and air raid drills, while daily travel to classes in the city meant navigating the maze of troops and temporary military structures.12 Many in the Faculty looked forward to the promised move to the new site at St.Lucia, construction of which began in 1938, but this was put on hold during the war years. 2.2 World War II (1939-1945) On 10 July 1942, the University of Queensland Senate was informed that the Australian military authorities desired to have the use of and enter into occupancy of the Main Building at St Lucia (renamed the Forgan Smith Building in 1967).13 The Vice8

The University of Queensland Book of Statistics, 1959, p62. The author is working on a book about the lives and careers of the UQ lawyers killed in WWI which is expected to be published in mid-2017. A short history of them is set out in this chapter. 10 Later Sir Mostyn Hanger, Chief Justice of Queensland. 11 Calendar of the University of Queensland, 1944. 12 ‘Pomp & Circum’, The University of Queensland Graduate Contact, Summer 1995, p14. 13 University of Queensland Senate Minutes, 31 July 1942. 9

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Michael White T.C.Beirne School of Law: A History, 2nd ed. Chancellor informed the military that while the building was planned to become university property, the Queensland Government had not yet handed it over to the Senate and it was therefore a matter to be handled by the Premier. It was also pointed out that part of the building had already been allocated to the Brisbane and South Coast Hospital Board as an emergency facility and preparations had been made for that purpose.14

Australian Women’s Army Service on Parade Outside Main (later Forgan Smith) Building for review by Lady Gowrie, Honorary Colonel, May 1943 Source: University of Queensland Archives: UQA S178 B54; Australian War Memorial P00884.001 Queensland Premier Forgan Smith gave formal permission on 17 July 1942 for Australian military authorities to take over the new University of Queensland buildings at St.Lucia in order to accommodate the Advanced Land Headquarters for Allied Land Forces in the South West Pacific Area (Landops).15 Preparations for the emergency hospital were suspended and the University was given several weeks to vacate. Nearly all of the books, university documents, records and various works of art from the University Art Gallery, which had been stored in the new buildings at St. Lucia, were relocated to the basement of the old Masonic building in the city.

14

Details of the design and construction of the St Lucia campus, including over these war years, are set out in John W East No Mean Plans: Designing the Great Court at the University of Queensland, 2014. Also see Clive Moore The Forgan Smith: History of a Building and its People at the University of Queensland, 2010. 15 Michele Helmrich & Peter Spearritt, Artists at Wartime St Lucia [exhibition didactic panel] in Defending the North: Queensland in the Pacific War, University Art Museum, The University of Queensland, St Lucia, 2005; John W East No Mean Plans, p.56.

22

Michael White T.C.Beirne School of Law: A History, 2nd ed. Commander-in-Chief of Australia’s Military Forces and Commander Allied Land Forces South West Pacific Area General (later field Marshall) Sir Thomas Blamey established his Landops at St Lucia, along with some of over 2,000 military staff,16 on 1 August 1942. For this the military occupied of the Main Building, except for a few rooms in which the University had stored equipment, and the Chemistry building. Most of the personnel who worked on the St Lucia site were women, some seconded into the Australian Women’s Army Service (AWAS) from the public service for the war and others recruited directly from other sources.17 A controversial figure, Blamey had previously served as Deputy Commander –in –Chief of British forces in the Middle East in 1941.18 Blamey had major headquarters and staff in Melbourne and later in New Guinea but the St Lucia Landops headquarters became the largest Allied communications centre in the South-West Pacific, the Law Faculty’s future home in the western end of the Forgan Smith building served a key role in the war in the Pacific before its eventual owners were to grace its halls. In the operations rooms, General Blamey and his staff planned campaigns including Borneo, Balikpapan and Lae, while members of the Australian signals section monitored military operations from all over the South-West Pacific, including the first US landing in the Philippines and the re-capture of Singapore.19 In the rooms detailed maps of New Guinea, Borneo and enemy movements were drawn up for intelligence reviews which were taken to the AMP building in the city for daily briefings. In other parts of the Forgan Smith building, personnel examined captured Japanese equipment and members of the AWAS daily handled up to 80,000 administrative and strategic messages in cryptic code.20 General Blamey’s dual responsibilities as Commander Allied Land Forces South West Pacific Area and Commander-in-Chief of the Australian Military Forces meant that he had to travel frequently, mainly between Melbourne, Canberra, Brisbane and New Guinea.21 As the Pacific war moved north so did Blamey and his operational staff, with them going first to New Guinea and then to Hollandia, Dutch New Guinea, in May 1944.22 However, the bulk of the communications, intelligence and planning was done in Brisbane and the Army continued to have possession of the site until it vacated the St 16

These figures would also seem to include members of the Royal Signals No.4 Ship Signal Section of the British Army who were posted to General Blamey’s staff and also members of the Australian Women’s Army Volunteers. 17 Clive Moore, above, p.27 and following. 18 Blamey, Sir Thomas Albert (1884 -1951), Australian Dictionary of Biography, 1940 -80,Melbourne University Press, 1993, Vol 13, pp. 196 – 200; online at http://adb.anu.edu.au/biography/blamey-sirthomas-albert-9523. 19 ‘Pomp & Circum’, The University of Queensland Graduate Contact, Summer 1995, p15. 20 ‘Pomp & Circum’, The University of Queensland Graduate Contact, Summer 1995, p15; Michele Helmrich & Peter Spearritt, Artists at Wartime St Lucia [exhibition didactic panel] in Defending the North: Queensland in the Pacific War, University Art Museum, The University of Queensland, St Lucia, 2005; Bevan, Scott, ‘Australian Artists at War: Battle Lines’, Random House, Sydney, 2004, p187. 21 Clive Moore, above, p.23. 22 Clive Moore, above, pp.34-36.

23

Michael White T.C.Beirne School of Law: A History, 2nd ed. Lucia premises in December 1944. A commemorative plaque commissioned by General Blamey23 was affixed in the main foyer of the Forgan Smith building.24 Another plaque, located in the corridor on Level 3, before the refurbishment in 2016, commemorated the Royal Australian Corps of Signals that operated in Forgan Smith during the war. 2.2.1 Secret Operations Room and Offices During refurbishments of the Law School in the early 1990s, construction workers found that one of the rooms in the Law wing of the Forgan Smith building (the Main building was re-named the Forgan Smith in 1967) had been soundproofed. The soundproofed room, Room W343 on Level 3, is believed to have been General Blamey’s operations room in which a secret topographical model of the Lae-Salamaua area was kept under constant guard. General Blamey’s own office was down the hall in what became Room W306.25 A plaque in the corridor was later erected which read: “In recognition of the service given by the men and women of the Royal Australian Corps of Signals at this site during World War Two. –– They passed this way ––”.26

Sergeant M.R. Angus (left) and Lieutenant J.E. Maher work on a model of New Guinea in the Operations Room c.194327 Source: Australian War Memorial Id no: 060694.

23

University of Queensland Memorandum, 24 October 1944. Which reads: “From 1st Aug. 1942 to 31st Dec. 1944 General Sir Thomas Blamey G.B.E., K.C.B., C.M.G., D.S.O., E.D. Commander Allied Land Forces in S.W. Pacific Area and Commander-in-Chief Australian Military Forces occupied these precincts as his Advanced Headquarters. This was the first use to which these buildings were devoted.” 25 Clive Moore, above, p.26. 26 Peter Dunn, ‘Advanced Land Headquarters Allied Land Forces, South West Pacific Area, Queensland University, St.Lucia, Brisbane, Qld’. 27 Exactly which room in the Main building housed this model is unclear, but it was likely on Level 3; Clive Moore, above, p.36. This photo is also reproduced in Clive Moore’s book, p.35. 24

24

Michael White T.C.Beirne School of Law: A History, 2nd ed. However, there is some doubt about exactly where the various rooms were in what is now the law school for their separate roles during the war. The best description seems to be that from Mr Damian Eckersley, BVN Architecture, when researching the point for the 2016 refurbishment. ‘The World War 2 uses of several Level 3 rooms are noted, based on the Forgan Smith - History of a Building and Its People at the University of Queensland by Clive Moore. Moore notes that W343 was used as the Commander-in-Chief's meeting room and has "expensive panelling" (p26). The room was in fact designated on the original floor plan as a "broadcasting room", which explains the additional wall linings and the built-up floor, and probably why it was selected to be a meeting room during the war. Similarly, Moore says that a room "A93 (now W306A)" was a "vault with six inches of extra concrete reinforcing on all of the walls". The room he is probably referring to is W306, formerly Room 98A, and designated as a "music room" on the early drawing. Like the broadcasting room, the music room was detailed with additional acoustic wall and ceiling linings (not concrete), built-up floors, baffled windows, and indirect access to the central corridor. Room W340, now used by the head of the law school, was General Blamey's office but had originally been designated for use by the University as a lecture room.’28 In summary about this aspect of the rooms during the war, it seems clear that the Battle Room was in the basement and that the main offices of the senior staff were on what was the Law School level 3, along the corridor to the west of the Tower space.29 However, the whole of the Main building was put to use for the war effort and there were communication, meeting, briefing and other rooms all adapted to special purposes from 1942 to the end of 1944. The rest of this story about the Law School after the war and its move to the St Lucia Campus is set out under in this chapter but it is appropriate first to devote some space to summaries of the lives and careers of the five UQ lawyers killed in World War II. This is only a summary and a separate and more complete book is being researched and written by the author and will be published by the Law School in 2017. 2.2.2 UQ Lawyers Lost During WWII there were five UQ lawyers who were lost. Also there were six BA graduates who had done the law elements in their BA who were lost (see the forthcoming book). For present purposes it seems appropriate to include sufficient about the lives of each of the five lawyers who were killed during the war. 2.2.2.1 Alexander Charles McNab (27 July 1918 - 2 May 1943) Alexander Charles McNab (known by friends and family as Lex) grew up in Brisbane and attended the Brisbane Boys' College. He entered the University of Queensland's 28 29

Damien Eckersley, BVN Architecture, email to author or 26.9.16. Clive Moore, above, p.26.

25

Michael White T.C.Beirne School of Law: A History, 2nd ed. Faculty of Arts in 1936, taking Arts and Law subjects offered by the Faculty at that time, including Latin, English and Philosophy. During his school and University years he was well known as an outstanding sportsman in cricket and tennis. Lex McNab was awarded his Degree of Bachelor of Arts in April 1939. In the same year he was awarded a Freemason Scholarship for his studies and went on to complete his Law degree at the end of 1940. He had previously volunteered for the 2/14th Queensland Mounted Infantry (Militia) and in March 1941 he was accepted into the Royal Australian Air Force. With the degrees of BA and LLB, he had qualified for admission to the Queensland Bar, but his departure for war service prevented his actually being admitted. He entered the Empire Training Scheme for pilots for which many Australian aircrew volunteered. After training in Tamworth, NSW and Ontario, Canada he proceeded to England where he served for more than a year, flying Hurricanes with the RAF. With the Japanese advance on Australia, Lex McNab and other Australian service personnel were recalled and he was posted to Darwin in 1942. As a Flying Officer he flew Spitfires with 452 Squadron from Northern Territory bush airstrips. In May 1943, during operations against a Japanese air attack on Darwin he was lost over the Arafura Sea when his plane went down. The Commonwealth War Graves Cemetery at Daly Waters, Northern Territory, bears a War Memorial Cross listing those who died in war service for whom there are no graves, including Flying Officer A. C. McNab. Lex McNab died at the age of twenty-four. Lex had married Margaret Enid Macdonald, daughter of an MP, at St John's Cathedral, Brisbane in August 1940, shortly before he left for England. Their only child, a son (Ross), was barely one when his father died. Flying Officer McNab was to have been the third lawyer in succession in an established legal family. To this end prior to the war he had been an Associate to Sir Roslyn Philp, the Senior Puisne Judge of Queensland ( the most senior judge in the State after the Chief Justice). McNab’s great grandfather had started the law firm Chambers McNab & McNab, later Chambers McNab Tully & Wilson, and his grandfather and father had been members of 26

Michael White T.C.Beirne School of Law: A History, 2nd ed. the firm. Although Lex McNab did not survive the war to join the firm, his son Ross did and was a partner for almost two decades before retiring from the firm to be an academic in the T.C. Beirne School of Law. The firm was later merged to become Corrs Chambers Westgarth, which was established on 2 April 1991 following the merger of Corrs Australian Solicitors, Westgarth Middletons (Sydney) and Chambers McNab Tully and Wilson. The family association with the University of Queensland has continued on in the McNab family. Lex McNab's granddaughter, Catharine McNab, graduated in Arts and then in Law with Honours from the University of Queensland in 1999. His first grandson, Alexander McNab, graduated from UQ in Economics with First Class Honours and a University medal and graduated in Law with Honours. His third grandchild, Malcolm McNab, studied Architecture at UQ and later changed to Arts and Commerce, graduating in 2002. The late Frank Glynn Connolly, barrister and friend, wrote in Lex McNab's obituary, in the first edition of the Queensland University Law Journal (1951), that: "The Law was his ambition. He had a strong personality, and his rare sense of humour made many friends. To them such a brief career, with ending so different from its pre-war promise, may well serve as an epitome of that time. Lex, no doubt, would have been the first to smile with Horace saying: Vitae summa brevis spem nos vetat incohare longam. (One translation is: The total of our days is small and forbids us to commence hope for a distant future.)"30 2.2.2.2 Chester James Parker (29 July 1916 – 11 August 1942) Chester James Parker entered the University of Queensland's Faculty of Arts as an Open Scholarship holder (he came fourth in the State) in 1935, after having attended Townsville Grammar School. From the outset he had decided upon a legal career, and enrolled in Arts-Law at UQ. He chose to do Honours in English Language and Literature as it was considered good preliminary training for life at the Bar. Chester Parker took up residence at St John's College, then at Kangaroo Point. He wrote in a scholarship application that his initial experience of college and University life quickly led him to conclude, "that preparation for specialised examinations was not the sum total of what the University offered to its students". He further wrote that, as he had 30

The bulk of the material on Lex McNab was research by Megan Lyneham, University of Queensland Archives, working from the UQ Archives and material from the McNab family. More detailed attribution of the research and resources will be set out when the book on UQ lawyers killed in WWII is published.

27

Michael White T.C.Beirne School of Law: A History, 2nd ed. chosen Law as a profession, he "was therefore eager to take advantage of the many opportunities for self-expression which the various University Clubs and Societies provided". He went on to become an active member of the debating and dramatic societies and served on both committees. He was also Secretary of the Student Union in 1936 and its President in 1937. A keen sportsman during his three years at St John’s College, Chester Parker was active in inter-college sport, representing St John's in football, cricket and tennis, and gaining a College Blue. He represented the University in rugby and captained the B grade team in 1936, which won the inter-varsity carnival that year. Parker graduated with his Bachelor of Arts with Second Class Honours on 29 April 1938 and the same year he headed for Oxford University, having won the Rhodes Scholarship for Queensland in 1937. He knew where he wanted his career path to go and had written in his Scholarship application that he intended to "read at Oxford for a Bachelor of Arts degree in the Honours School of Jurisprudence, proceed to the degree of Bachelor of Civil Law at the end of the third year, be admitted to the English bar, and return to practise in Queensland." His Rhodes Scholarship application reveals how highly Parker was generally regarded. The Headmaster of Townsville Grammar School wrote in his testimonial that: "In a long experience, I have never known a more resolute worker. If genius is the art of taking pains, he has it. … He showed courage both physical and moral; a fine type of young manhood; quiet, strong, sincere. … His unassuming manner, his tact, his sterling good sense, his loyalty, his very real ability, together with his altogether unusual capacity for hard work, and the healthy body which accompanies his healthy mind, should go far…" In November1939 he volunteered from Oxford for active service in the British Navy. In 1940 he was commissioned in the R.N.V.R. as Sub-Lieutenant and posted to the Armed Merchant Cruiser Dunvegan Castle. In August that year she was torpedoed in the North Atlantic and many of the crew lost their lives but Chester survived the ordeal in icy waters and was among those rescued. Then he was posted Navigator in the Corvette H.M.S. Pheony and in November 1940 arrived at Alexandria. Geoffrey Williams, another officer on board, laer wrote a small book, One Eye on the Clock, describing service in this ship. Chester, the only Australian, became the Digger of the piece. Ever adventurous, he volunteered for submarines and after training he was posted in 1942 to H.M. Submarine Thorn, a large submarine, with a crew of 50. Thorn was in the midst of the fighting in the Mediterranean and left Haifa on special patrol duty in late July and was lost with all hands off North Africa in a battle with an Italian destroyer. Parker’s university colleague Frank Glynn Connolly wrote of him in the first Queensland Law Journal (1951): In a short while he was … distinguished, as an all-rounder with a magnetic smile. Indeed it is his personal charm one recalls most easily. He was a favourite, with 28

Michael White T.C.Beirne School of Law: A History, 2nd ed. popularity wider than is usual. He became President of the Union, and most University people before the war knew him well."31 2.2.2.3 George Douglas Rutherford Avery (24 July 1918-22 October 1942) George Douglas Rutherford Avery was born 24 July 1918, the second son of a pastoral family of Mt Ryde, Longreach. Avery grew up in Western Queensland and after completing primary school at Longreach attended high school in Rockhampton. As a high school student Avery impressed the principal, Robertson, as "a lad of definite ambition and of remarkable independence of thought and ideas". Before the age of 14 he presented to the principal "a suggested outline of his future life". One of the schemes related to a career in journalism - the other to service in the Australian Air Force. In March 1935 Avery moved to Brisbane and enrolled as an undergraduate in Arts-Law at the University of Queensland. He took up residence in Emmanuel College, having been granted a bursary by the College Council.32 Throughout Avery's education he was a very keen sportsman. In his junior and senior school years he especially excelled in athletics having captained his School athletics team and won inter-school competitions. At the University of Queensland his sporting career continued and he represented Emmanuel College in athletics, hockey and rugby and represented the University at inter-varsity athletics and hockey carnivals. For his high achievements in athletics, Avery was awarded his University "Half Blue" in 1937. From the outset, George Avery demonstrated an interest in and commitment to community, political and social life. He became a regular member of the International Relations Club and was elected Secretary/Treasurer of the club in 1936 and later President. He was elected Secretary of the Men's Club in 1937 and in 1938 President. Avery was also involved in the University Debating Society. 31 The bulk of the material on Chester Parker was research by Megan Lyneham, University of Queensland Archives, working from the UQ Archives and material from the Parker family. 32 Emmanuel College was established by the Presbyterian Church of Queensland in 1911 with its first students taking up residence in Wickham Terrace in 1912 and it moved to its current location at UQ St Lucia campus site in 1956. In the 1970s, with amalgamation of churches, it came under the Uniting Church. It was all male until 1975 when women were first admitted and in mid-2016 it numbers 340 students of whom about half are female; Emmanuel College records.

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Michael White T.C.Beirne School of Law: A History, 2nd ed.

An academic scholarship application provides a glimpse of another aspect of his character and personality and his active social life. He wrote, with the customary restraint and formality of the time, "I am fond of dancing and attended as many University dances as I considered possible without prejudicing my work." Perhaps it was at one of these dances that a campus romance between Avery and Kathleen Madgwick began. Kathleen was a student in the Faculty of Science at the time. They later married and had a daughter. Kathleen completed her Bachelor of Science in April 1943 after Avery’s death. Henry Alcock, University of Queensland Professor of History and Economics 19221948,33 described Avery as having "a good deal of drive, combined with an insouciance that often makes it rather charming". In 1938 Avery received a Freemasons Scholarship and also graduated with his Degree of Bachelor of Arts and, by the end of that year, he had completed one section of the Law subjects. In 1939 he carried on his studies externally, having started teaching primary school classes at The Scots College, Warwick. He had already served with the Army militia in Warwick part time and on 24 May 1940 he transferred to the RAAF. After basic training Avery embarked for the Middle East and saw active service in Libya, Greece and Malta. In February 1942 he was sent to South Africa and then home to Australia to join 100 Squadron which was the first RAAF squadron to be equipped with Australian built Beaufort Torpedo Bombers. During 1942, mixed in with training for different aircraft and different types of warfare, Avery flew sorties off the Australian coast and in New Guinea. On 22 October 1942 Flying Officer Avery was amongst those six aaircraft from 100 squadron carrying out mock torpedo attacks on a hulk lying close to the shore off Magnetic island, near Townsville. His aircraft appeared to strike the top of its mast and his aircraft crashed killing him and he was buried in the service portion of the Townsville cemetery. He was 24 years old and was survived by his wife and young daughter Janie. In an obituary published in the first Queensland University Law Journal (1951) a friend of George Avery wrote: "Mr Avery, during his College, University and Service life, showed great energy and singleness of purpose, he put his whole effort into whatever he undertook and spared nothing in his aim to give his best."34 2.2.2.4 Charles Stumm (29 August 1913 – 13 May 1944) 33

For details about Professor Alcock see Helen Gregory, Vivant Professores: distinguished members of the University of Queensland, 1910-1940, UQ Library, 1987, pp.1-5. 34 The bulk of the material on George Avery was from research by Megan Lyneham, University of Queensland Archives, taken from the UQ Archives and material from the family.

30

Michael White T.C.Beirne School of Law: A History, 2nd ed. Charles Stumm was born in Gympie on 29 August 1913, only son to the Stumm family, of the property "Penlan Downs" in the Longreach area. After completing his schooling at The Southport School, Stumm enrolled at the University of Queensland in 1932 to study Arts-Law. Stummtook up residence at St John’s College at Kangaroo Point and quickly became involved in University life. He represented the College in rowing, cricket and athletics, the University in rowing and rugby union and was a member of the Combined Australian Universities' Rugby Football Team which toured Japan in 1934. He was also an active member of the dramatic and debating societies. Stumm met his future wife, Lorraine Streeter, also a student of the University of Queensland, at a rugby match at the Brisbane Exhibition ground. She wrote in her autobiography entitled I saw too much: a woman correspondent at war that he impressed her as "a tall, handsome man, with dark curly hair, a cheery smile and a big voice". In Stumm's application for the 1935 Rhodes Scholarship the headmaster of The Southport School wrote: "Generally I consider him to be a splendid type of young Queenslander - sincere, manly and honourable, who would not only hold his own at Oxford but would strongly commend Australian manhood at that university." He completed his final examinations in November and while studying to be admitted to the Queensland Bar he read in the Chambers of barrister Mr B.F. Fahey. Stumm was admitted as a barrister on 3 May 1935. Having won the Rhodes Scholarship, he set sail for England in August 1935. They had arranged that after Lorraine graduated with her Degree of Bachelor of Arts and a Diploma of Journalism, she too would set sail to England to join him. In November 1936 she subsequently sailed in the Orion and in London earned her living and made a career for herself as a journalist. At Oxford Stumm entered Balliol College, studied Law and read at Lincoln's Inn in London. He was awarded his Bachelor of Arts with third class honours in Jurisprudence in 1937 and his Bachelor of Civil Law in 1938, and was admitted to the English Bar. In the "Report for Year 1936/7 on Rhodes Scholars from Queensland" the Warden of Rhodes House wrote that Stumm was: 31

Michael White T.C.Beirne School of Law: A History, 2nd ed. "Of sterling quality and character, who has a high sense of responsibility, and whose industry has been untiring. He radiates honesty and good nature, and is esteemed by everybody." During his time at Oxford Stumm joined the Oxford University Air Squadron and took flying lessons, gaining his Certificate of Competency in June 1936. They subsequently returned to Brisbane and Lorraine and Stumm married on 1 July 1939 at St Mary's Church, Kangaroo Point and lived in a little flat at Kangaroo Point. Only six weeks later Stumm received a cable stating he was to report immediately to RAF Headquarters in Singapore and he left on his 26th birthday. His wife later joined him in Singapore where again she supported herself as a journalist and she wrote that at that time, "No one dreamed that Singapore was in danger". He was naturally literate and in his spare time Stumm wrote and his manuscript After Victory was printed while he was in Singapore. In this he argued that only a world union, starting with a union in Europe, would prevent world wars from occurring. At the time his ideas were considered idealistic and wishful, with advent of the European Union has given some weight to his vision. He also published A Rifle and Kay, an adventure/love story whose two main characters were based on himself and Lorraine. On 22 June 1941 their daughter Sheridan was born. On 8 December 1941 the first Japanese planes raided Singapore. In January 1942 Lorraine and baby Sheridan were evacuated to Australia, just before the fall of Singapore on 14 February 1942. Stumm flew on 70 raids against the Japanese and his squadron moved from its Singapore base to Sumatra and when Sumatra was about to fall the squadron moved again and Stumm flew an old Hurricane to their new base but the aircraft lost power over Central Java and landed heavily in a paddy field. He fractured every bone in his face and was knocked unconscious, but was revived by some Javanese who rescued him from the wreck and took him by ox cart to the nearest police station. From there he was transported to an Australian hospital ship evacuating the wounded to India and Ceylon (Sri Lanka). After he recovered in a hospital in Colombo he was posted to the RAF 11 Squadron of Blenheim Bombers and in November 1942 became its new Commanding Officer, promoted to Acting Wing Commander. The Squadron carried out many operations against the enemy over Burma, and in July 1943 as a result of these operations, Stumm was awarded the Distinguished Flying Cross (DSC). Lorraine was determined to join her husband and she and their daughter survived the many war time hazards of the sea voyage and arrived in Colombo Harbour in 1944. 32

Michael White T.C.Beirne School of Law: A History, 2nd ed. Stumm had not seen his daughter, now three, since she was six months old. Against all the rules Stumm flew down from India and the family flew back to Delhi together in his squadron Mosquito bomber. On arrival at the military airport, Lorraine Stumm wrote, "A young RAF airman ran across to the bomber and said, "Who are these civilians, what are they doing in a military aircraft?" Stumm, now a Wing Commander in charge of 45 Squadron, said: "This (pointing at his wife) is a war correspondent (which was true) and this (pointing at Sherry) is her typewriter. That is an order." "Yes sir," said the airman…He got away with it, heavens knows how…" About six weeks after their arrival in India, on 13 May 1944 two Mosquitos, one of which was flown by Stumm, were engaged in a fighter operational training exercise with some B25 aircraft. Witnesses said the Mosquitos turned together after passing through the B25s but when executing a half loop Stumm's "machine seemed to just break up" in a major mechanical failure. His plane became uncontrollable and crashed and he and his co-pilot died in the accident.35 Lorraine was devastated and she and Sheridan returned home to Brisbane and later continued with her career and eventually remarried. 2.2.2.5 Harrold Graham Pace (31 October 1916 – 13 May 1942) Harrold Graham Pace (Graham) was born in Brisbane on 31 October 1916. His father, Arthur H. Pace, was a solicitor, and his mother, Jeanie Christine Butler, daughter of William Butler of Kilcoy Station, Kilcoy. Pace attended Windsor State School, obtaining a state scholarship to attend Toowoomba Grammar School as a boarder for his secondary schooling. He won an open scholarship to the University of Queensland in the Senior Examinations. During his early schooling he took part in several sporting activities and was an NCO in the Toowoomba Grammar School Cadet Corps. Choosing to follow his father into law, Graham Pace entered the University in 1934 in the BA degree and chose law subjects where they were available. He was a sound scholar and in the 15 subjects which made up the three final years of his course he received merits in 11 and passes in three and this in a period when only outstanding efforts were rewarded with grades above a pass. He was awarded a Masonic Scholarship in 1937 and in that year he graduated with his Degree of Bachelor of Arts.

35

The bulk of the material on Stumm was research by Megan Lyneham, University of Queensland Archives, taken from the UQ Archives and material from the family.

33

Michael White T.C.Beirne School of Law: A History, 2nd ed.

Pace continued on at UQ with his Bachelor of Laws in 1939 and in 1940 he sat for the Honours examination in Law and was awarded Honours (2nd class). On 23rd April 1940 he was called to the Bar. At UQ he played a full part in undergraduate affairs - in social life, through the activities of the Union and the Law Students' Society, and in the Debating Society, where he was a lucid and forceful debater. He was also a keen tennis player, sailed with the sixteen-foot skiffs and was fond of golf. Pace's mother inherited from her father a property near Kilcoy where he spent nearly all his holidays, enjoying riding, camping and shooting. It was during his University years that he met his future wife, Ida Frances Keenan, also a graduate of the University of Queensland (BA 1938). Pace enlisted in the RAAF in February 1940. After he and Ida were married in St Andrew's Church of England, South Brisbane they travelled to Perth where she stayed while he trained at Pearce Air Force base. After his training, Graham served as a pilot in Australia until 1941 and then with his Squadron in active operations in North Africa during a critical time in that conflict. On 13 May 1942, in his twenty-sixth year, Flying Officer Pace was shot down in action at Derma, Libya and his memorial is at the El Alamein War Cemetery, Marsa Matruh in Egypt. His wife and daughter, born a month before his death, survived him. Graham's sister, daughter and grandchildren all went on to study at UQ. His sister Ella Loranthe Greenup graduated with a Bachelor of Science in 1942 and his daughter, Judith Pace (later Nave), was awarded her MBBS in 1966. His granddaughter, Helen Tuttle, was awarded her BE Hons in 1992 and her ME in 2000, and his grandson Mark Nave was awarded his BE Hons in 1995 and PhD in 2004. “With his early record of all-round attainment, his clear and able mind, his strength of character and personality, the Bar and the community lost in Graham Pace a man of great talent.”36 2.3 New Law School Home at St Lucia 1948-1949 Returning now to the history of the Law Faculty and the move from George Street to the St Lucia Campus, the vacation of St.Lucia by the Army occurred towards the end of 1944.37 Many in the Law Faculty believed that the long-promised move to St Lucia after the war would be fairly immediate but shortages in manpower and construction materials 36

The bulk of the material on Graham Pace was from research by Megan Lyneham, University of Queensland Archives, taken from the UQ Archives and material provided by the family. 37 Clive Moore, above, p.40.

34

Michael White T.C.Beirne School of Law: A History, 2nd ed. meant that work to complete the St.Lucia campus was very slow. Adequate funding was a main issue as was a shortage of building materials throughout Australia as it was widely needed for construction of so much after the war ended. One of the other issues was that Professor Hedges did not return after the war but resigned his position in 1945. Fortunately, one of the barristers was willing to fill the role and Acting Honorary Professor A.D. McGill, a practising barrister, held the Garrick Chair from 1945 to 1948. Many of the difficulties of the mover of the Law School to St Lucia, therefore, fell on his shoulders. By the end of 1945 general sentiment among the University population was reflected in a Semper cartoon depicting students in the old George Street precinct exclaiming: “Good Lord! Didn’t you know? Moving to St. Lucia is a university legend – one of those Dream Homes you hear so much about!”

Aerial view of St Lucia site with the Main Building and some early construction’, July 1946 Source: University of Queensland Archives: UQA S178 B55 Early in 1945 work resumed on the St Lucia buildings on a small scale beginning with repairs from the Army occupation. Blackout curtains had to be removed as did fittings on walls to hold maps and charts and much of the parquetry floor needed repair to prepare the buildings for academic uses. In all Landops used 229 rooms in the Main and Chemistry buildings and in the Main building alone some 185 rooms needed repair

35

Michael White T.C.Beirne School of Law: A History, 2nd ed. and/or modification.38 As well much of the work had to be completed just to get the buildings around the Great Court finally completed. The Engineering Faculty was the first to move to St. Lucia which occurred in 1946, with various other Faculties following over the next few years. The Department of Physical Education was the first into the Main building in 1948 and in December 1948 many departments started to move during the Christmas break and in early 1949. Classics, Economics, History, English, Modern Languages, Music, Philosophy and Law all moved into the main building so that teaching could commence at St Lucia from the beginning of the 1949 academic year.39 The University Administration moved into the tower in the Main building in 1952.40 A decade after construction first began on the St. Lucia campus, Premier E.D. Hanlon officially opened the Main building on 5 May 194941 and the Law and other Faculties gradually settled into their new home.42 Despite the official move, the centre of gravity of the University remained in the George Street precincts for several more years and pressure of numbers within the Law Faculty meant that several classes were maintained at other sites, including company and bankruptcy law being conducted in the Bank of New South Wales building in the city. In 1949 Professor Walter Harrison, as to whom see Chapter 3, was appointed as the fourth Garrick Professor of Law and Dean, marking the beginning of a period of considerable growth for the Law Faculty in the post-war period. Enrolments had swelled with the return of men and women released from military service.43 The number of teaching staff also increased with the greater availability of specialist part-time lecturers in areas such as probate, divorce and admiralty law, pleading and practice and company law. These part-time lecturers were volunteers from the profession and they would become increasingly important in subsequent years, not only for the practical legal knowledge they imparted, but in performing the teaching duties during the transition to more full-time academic staff.44 The expansion of the whole University with the return of servicemen to take up tertiary studies was significant. In 1939 there were a total of 1,163 students, of which 28 were in the Law Faculty, and in 1945 there was a total of 2,207, of which 63 were in the Law Faculty, and of which total about 1,000 were in first year. As they were released the numbers kept growing so that my 1949 the total was 4,400 enrolled thereby doubling the number of students in just five years.45 Many of the students were funded under the 38

Clive Moore, above, p.40. John W East No Mean Plans, p.66; Clive Moore, above, p.43. 40 Clive Moore, above, p.43. 41 John W East No Mean Plans, p.66. The Main building was re-named as the Forgan Smith in 1967. 42 Thomis, Malcolm, ‘A Place of Light and Learning: The University of Queensland’s First Seventy-Five Years’, University of Queensland Press, Brisbane, 1985, p211. 43 The University of Queensland Book of Statistics, 1959, p63. 44 The legal profession who taught into the law subjects included such brilliant lawyers who later became leading Silks and then eminent judges, Sir Harry Gibbs, Sir Walter Campbell and Justice Peter Connolly. 45 Clive Moore, above, pp.40, 41. 39

36

Michael White T.C.Beirne School of Law: A History, 2nd ed. Commonwealth Reconstruction Training Scheme and the former relationship between staff and students of master-pupil style was replaced by one where the returned servicemen and women were not so compliant.46 Also of note during this period was the generous donation of ₤ 700 for the establishment of ‘The John Macrossan Memorial Library’ in 1949. Vincent Macrossan, on behalf of his late mother Mrs John Murtagh Macrossan and his brothers Hugh and Neal, provided the funds in memory of John Murtagh Macrossan47 and his son John Macrossan. Before the refurbishment in 2016 the Macrossan book cabinet was displayed in the Law Library entrance foyer. The end of the war and the move to St.Lucia marked the rise of the Faculty in placing itself in a central position to educate the legal leadership of Queensland and, though naturally to a lesser extent, the Australian nation. One example of this leadership and the vigour of those returning from the war was that in 1951 the Faculty published the University of Queensland Law Journal, the equal first university law journal to be published in Australia (along with the University of Western Australia).48 The very first issue commemorated those five lawyers from the Law Faculty who had been killed on service during World War II (McNab, Parker, Avery, Stumm and Pace; as set out above).

46

Clive Moore, above, p.41. The contribution of the Macrossan Family to the Australian community is too large to set out here, but John Murtagh Macrossan’s life, and sudden and unexpected death during the 1891 Constitutional Conference in Sydney, is set out in the Australian Dictionary of Biography Vol 5. 1974, online at http://adb.anu.edu.au/biography/macrossan-john-murtagh-4138. 48 I am indebted to Mr William Holbrook for research on the early Australian Law Schools’ Journals; email to author of 19.8.16. 47

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Michael White T.C.Beirne School of Law: A History, 2nd ed.

Chapter 3 Restructuring,Relegation and Revolt: 1950-1979 3.1 3.2 3.3 3.4 3.5

Changing Curriculum Inter-Administrative Difficulties and the Martin Report Accommodation Inadequacies and the Law Library Civil Disobedience and Student Riots Noteworthy Figures 3.5.1 Professor Walter Norwood Leslie Harrison (1904-1966) 3.5.2 Sir Harry Talbot Gibbs GCMG AC KBE (1917-2005) 3.5.3 Sir Walter Benjamin Campbell AC (1921-2004)

3.1 Changing Curriculum The post-war years were vital not only to the development of the Law Faculty’s burgeoning reputation, but also to the advancement of legal education within the State of Queensland. With the reconstruction effort well under way and the disappearance of special post-war conditions, the Faculty began considering the complete revision of the course for the LLB degree with a view to eliminating gaps and overlapping courses in the curriculum and improving methods of teaching. In a series of meetings beginning in October 1950, the Faculty undertook a general revision of the system of law studies that had been in place since the School was established in 1936. With over a decade of experience, it was felt by many within the Faculty, especially the then Head of Department, Professor Walter N.L. Harrison, that the time was right for an overhaul although there was some trepidation about the introduction of a new curriculum with special ex-service students still completing their studies.This was because, of the 4,245 students enrolled at the University of Queensland in 1950, exservice personnel studying under the Commonwealth Reconstruction Training Scheme accounted for 1,084 students. The new structure was implemented to coincide with first year students commencing studies in 1952. In a report tabled at the Faculty of Law Board meeting in March 1951, and eventually approved by the University Senate in early 1952, the changes to the existing degree structure were outlined. A five-year Bachelor of Laws degree was to replace the former five-year combined Bachelor of Arts and Bachelor of Laws degree, thereby severing the close links with the Faculty of Arts that had characterised the School’s early development. The changes allowed for a more systematic coverage of subjects which was similar to the structure implemented by the University of Sydney Law School and entailed a significant increase in the number of lectures and seminars. Similarly, the final two years of the course were designed as evening courses in order to encourage students to supplement their studies with practical legal experience and to enable those students who were working to get to lectures. 38

Michael White T.C.Beirne School of Law: A History, 2nd ed.

Combined with the five-year degree structure, it was considered prudent also to offer a six-year combined Bachelor of Laws and Bachelor of Arts degree course. Despite initial expectations that most students would opt for the shorter five-year course, in 1952 almost half of the new full-time students elected the six-year degree and in 1953 nearly all of them did so.1 This was despite the fact that Commonwealth Scholarships could only be offered for a maximum of five years study. During this period, Commonwealth Scholarships were quite common and they offered students the opportunity to study their respective courses free of financial liability. Ordinarily a BA/LLB student could only obtain benefits for five years (the period then necessary for professional qualification), although by 1953 provision was made for the introduction of four special six-year scholarships to be awarded on the basis of first year results. The restructuring of the law curriculum revealed the need for further full-time academic staff and provided the catalyst for fundamental changes to the composition of the Faculty. Accordingly, Mr. Kevin W. Ryan was appointed as a full-time lecturer in 1953 in order to meet the new teaching demands that had arisen.2The recommendation made in 1948 by the Australian Universities Law Schools Association was that all law schools should consist of at least three-full time staff.The three full-time members of staff in 1952 were Professor Walter N.L. Harrison, Edmund I Sykes, and Harry Ross Anderson.3 By the middle of 1969 there were 20 full-time members of staff4 and 38 by the end of 1979.5The forces at work during this period meant gravitation towards a fully established and permanent academic staff to replace the part-time professional lecturers who had provided so much to the founding years of the Law School.

1

University of Queensland Faculty of Law Annual Report,1953, p.1. University of Queensland Faculty of Law Annual Report,1953, p.1 The achievements of the Honourable Kevin W Ryan CBE RFD, academic, barrister and judge are too numerous to set out here. They may be found on the Queensland Supreme Court web site at http://www.sclqld.org.au/judicial-papers/judicialprofiles/profiles/kwryan. 3 Hyman Tarlo, ‘Law School in the Sixties: A Fragmented Memoir’ (1985) 14(1) The University of Queensland Law Journal, pp. 14-25, 15. 4 The University of Queensland Statistics, 1969, Table. 41, p.166. 5 The University of Queensland Statistics, 1979, Table. 61, p.86. 2

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Michael White T.C.Beirne School of Law: A History, 2nd ed.

Barrister K.W. Ryan c.1950 Source: University of Queensland Archives: UQA S177 P409 During the 1950s and 1960s, the part-time professional lecturers continued to have a significant impact upon the development of the Faculty. Many of Queensland’s and Australia’s best legal minds, including H.T. Gibbs, W.B. Campbell, P.D. Connolly, R. F. Carter, F. T. Cross and C.E.K. Hampson offered their expertise and services as part-time lecturers throughout this period. These distinguished figures, under the guidance of the Dean, Professor Walter Harrison, imparted enormous wisdom, passion and legal insight, helping to foster an unprecedented quality of legal education in the State. It was this small but well qualified cadre of part-time lecturers, supported by the capable and experienced staff, such as Drs. Fry, Sykes and Ryan that forged a reputation of legal excellence that was recognised across the nation. To this end, in August 1955 the annual conference of the Australian Universities Law Schools Association was held for the first time at the University of Queensland.6 The composition of the Faculty of Law Board also changed quite substantially. In 1954, the then Mr Harry Gibbs and Mr Walter Campbell were appointed to the Faculty as the first graduates of the University to rise to the position.7 On the suggestion of Mr. Justice Philp, it was considered that the inclusion of recent graduates would be advantageous in meeting the needs of the student body and such new additions to the Board could also provide an effective bridge between the Faculty and legal profession. The Faculty

6 7

University of Queensland Faculty of Law Annual Report, 1955, p.1. Faculty of Law Minutes, 3 December 1953.

40

Michael White T.C.Beirne School of Law: A History, 2nd ed. considered that appointments on such grounds should be made on the understanding that the persons appointed would, after some years, be replaced by more recent graduates.8 3.2 Inter-Administrative Difficulties and the Martin Report Between the late 1950s and early 1960s very little changed in the Faculty aside from the introduction of the first elective subjects of Taxation Law and Industrial Law in 1957. The subjects were optional electives in the sense that students could choose between one or the other, although the selection of one of them was a necessary part of the law curriculum. It was originally intended that there would be an equal number of students in both subjects, but there was an overwhelming preference amongst students for Taxation Law, with the number of students selecting Industrial law too small to warrant teaching the course immediately. 9By 1961 the number of enrolments had risen to 199, increasing again to 267 the following year.10 At a meeting at the end of 1961, it was predicted that student numbers were likely to rise by 80% over the next four years and that it was doubted whether the School possessed the accommodation and teaching strength to meet such an unprecedented expansion.11Such concerns proved the precursor to the fight for better accommodation and improved library facilities that were to plague the development of the Law Faculty into the 1980s. Despite the determination of the small but highly qualified staff of the Law School, requests for better working conditions,12 reasonable teaching loads, adequate facilities, finance for research and additional library resources were all rejected by the university administration. In other States, law teachers were evolving into a respected branch of the legal profession and law schools were undergoing dynamic changes. In Queensland the Law School was regarded by university administration as “just another Arts-type department”13 and was funded and generally treated accordingly. This treatment was attributable to the lack of comprehension by the university administration of the needs of law schools as well the prevailing attitude by somein the profession that one could not truly learn law at a university but only in a legal office. In August 1964, the Australian Universities Commission (AUC)Report of the Martin Committee on the Future of Tertiary Education in Australia(the Martin Report) strongly refuted this restricted view and supported the benefits of higher education which many on the Faculty had been arguing for years, with this then to be followed by practical

8

Third Report of the Faculty of Law, 1953, p.5. University of Queensland Faculty of Law Annual Report, 1957, p.1. 10 The University of Queensland Statistics, 1979, Table. 1, p.1. 11 Faculty of Law Minutes, 2 November 1961, p.1. 12 One of the working questions related to staff teaching late at night. By 1965 the T.C Beirne School of Law was the only law school in the country to offer evening classes for part-time students. Teaching for part-time students was mainly between 6pm and 9pm, although classes often ran considerably later. In 1966 there was intense discussion among the Faculty staff over timetable changes and by 1969 it had pushed for a general 4pm starting time. Under the 1969 timetable, 15 scheduled lectures began at 4pm, 20 began at 5pm and only three began at 6pm. 13 Hyman Tarlo, ‘Law School in the Sixties: A Fragmented Memoir’ (1985) 14(1) The University of Queensland Law Journal , p17. 9

41

Michael White T.C.Beirne School of Law: A History, 2nd ed. instruction and experience in the profession.14 The Committee’s detailed examination of legal education in Australia and its far-sighted and progressive conclusions and recommendations had an important effect on the entire structure and substance of Australian legal education.15 Although the curriculum changes of 1952 had gone a long way in establishing a reputation of academic excellence at the Law School, the recommendations of the Martin Report and the increasing advancements in legal education throughout Australia, Canada and the United Kingdom meant that the newly appointed Dean, Professor E.I Sykes, was faced with, once again, reviewing the content and structure of the Bachelor of Laws degree. Unlike the previous revision, however, the Law School faced an uphill battle with university administration over funding for appropriate staff and facilities and only a very few of the recommendations were carried out during this period.16

Professor E.I. Sykes Source: University of Queensland Archives: UQA S135/P

14

A copy of this AUC Report is Item 88 –“AUC Committee on the Future of Tertiary Education in Australia (Martin Committee) Draft Documents for Report and Three Volumes of Report also list of Committee Documents”; online at http://archivescollection.anu.edu.au/index.php/auc-committee-on-futureof-tertiary-education-in-australia-martin-committee-draft-documents-for-report-and-three-volumes-ofreport-also-list-of-committee-documents. 15 Report of the Martin Committee on the Future of Tertiary education in Australia (1964), Volume II, Chapter 11. 16 Of those recommendations that were carried out (aside from the updating of the syllabuses of individual subjects), the Faculty of Law started to introduce tutorials and seminars to supplement lectures. The Faculty had experimented with the idea in 1958 but discovered that with the smaller sized classes of the period the lectures had effectively taken on a ‘lectorial’ character. However, with the explosion of student numbers experienced in the early 1960s a more formal system of tutorials, seminars and lectures were introduced in 1965.

42

Michael White T.C.Beirne School of Law: A History, 2nd ed. One of the key changes brought about by the Martin Report related to the University’s approach to the issue of the articled clerks course that was being taught and examined by members of the legal profession, but not to university standard. The Martin Committee had considered submissions that solicitors did not require a university education; the minimum requirements of legal education were satisfied by five years of apprenticeship/clerkship experience supplemented by formal academic instruction on a part-time basis at levels lower than any Australian university was prepared to accept. The Martin Committee categorically rejected this proposition, asserting that while practical experience remained essential, formal education to a University standard was paramount in maintaining appropriate professional standards. Under the direction of Professor Walter Harrison, the Law School had offered a part-time Articled Clerks’ Course since 1962, catering to those that were training within the articled clerks’ system but still wished to gain some form of University level instruction.17 The course was largely responsible for raising the standard of entry into the solicitors’ profession in Queensland, although a higher standard of academic learningwas, of course, achieved with the five-year Bachelor of Laws degree. By 1966 however, the Articled Clerks’ course had been discontinued by the Faculty of Law at the insistence of the University as it was no longer prepared to offer such programs in light of the Commonwealth Government’s refusal to finance sub-degree or non-matriculation courses. The Law Faculty attempted to make concessions within the framework of the University’s policy in this regard and proposed that the course be converted, after much revision and strengthening, into a degree course tentatively called the Bachelor in Law (B.Law) degree. Nobody was particularly enthusiastic about such a proposal because, although the proposal for the degree came from the Faculty, they were perhaps the least enthusiastic about it. The Faculty was supportive of the findings of the Martin Committee but it was concerned that the B.Laws degree would only serve to perpetuate a system of part-time study with evening studies being pursued at the same time as five years’ articles, and could possibly also endanger the popularity of the LLB degree. 18 However, by 1968 changes to the Solicitor’s Admission Rules meant a reduction in the period of articles for those enrolled in a law degree course at the University from three years to two years.19 This was a major concession for which the Faculty had been striving for a number of years. It meant that degree students could attend full-time for the first three years of the five years’ law course and did not need to enter into articles before the fourth year, thereby implementing what had been sought under the Martin Report. 3.3 AccommodationInadequacies and the Law Library 17

Hyman Tarlo, ‘Lawyers in the Making’ (1967) 5 University of Queensland Law Journal, p. 233. Hyman Tarlo, ‘Law School in the Sixties: A Fragmented Memoir’ (1985) 14(1) The University of Queensland Law Journal, p. 19. 19 Proceedings of the Eighth Symposium of the Queensland Law Society Incorporated, 1968, p.1. 18

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Michael White T.C.Beirne School of Law: A History, 2nd ed. In August 1966, the Third Report of the Australian University Commission referred to the outstanding proposals for the 1967-1969 Triennium relating to law. The Commission supported recommendations for that Triennium for funding for the erection of new law school buildings at Sydney, Melbourne, Monash, Adelaide and the Australian National Universities. These recommendations which were, in due course, accepted by the Federal Government were in response to specific requests for law school buildings from each of those universities. There was no such request from the University of Queensland. The UQ administration instead proposed to provide space for its Law Faculty within a new Arts Building on the western end of the Forgan Smith building (which was to become the Michie Building). The tentative plans for the Arts Building had indicated a completely inadequate law area which would have sufficed for staff offices and a few tutorial rooms but nothing else.20 By 1967 the idea of including accommodation for law in the new Arts Building was abandoned and it was instead proposed that law would occupy the entire area to the west of the tower in the Forgan Smith Building on completion of the new Arts Building. While such a proposal would finally justify the noble lettering carved in stone over the entrance to the Law School,21 the University was somewhat lethargic in relation to its building program and the Arts (Michie) Building was not completed until the early 1970s.22 While increases in staff and students had made further accommodation necessary, it was the state of the law library that caused the greatest concern. The heart of any respectable law school, the law library, was in a woeful state at UQ in early 1968. Although it had increased its holdings to 18,000 volumes23 the library had reached its limit for space for book holdings despite the move to larger quarters at the western end the Main building in 1966.24With an annual allocation of only approximately $3,300 the library was unable to maintain its existing collection with many of the commonly-used volumes becoming dilapidated from constant over-use. With seating space at an absolute premium, students were forced to arrive before the library opened each morning in an effort to secure a place in the library. It had seating for only 84, despite the fact that 590 students were enrolled in the School.

20

Hyman Tarlo, ‘Law School in the Sixties: A Fragmented Memoir’ (1985) 14(1) The University of Queensland Law Journal , pp.22-24. 21 Over the main entrance is the word ‘LAW’ and above that are the names of six of the great jurists; Bacon, Socrates, Blackstone, Aristotle, Hobbes and Coke. 22 Construction of the Michie Building itself was somewhat of a saga. Delays in approvals, construction and difficulties with contractors meant that the project took far longer than was expected. In order for the building aesthetically to match the rest of the buildings around the Great Court, it had to be clad in sandstone which was not finally achieved until 1979. For a more detailed account of the construction of the Michie Building refer to Malcolm I. Thomis, A place of Light and Learning: The University of Queensland’s First Seventy-Five Years (1985), pp.263-64, 351-52, 355. 23 This included a complete set of the Laws of Fiji that was donated to the library by the Solicitor-General of Fiji, Mr. D. McLoughlin. 24 Hyman Tarlo, ‘Law School in the Sixties: A Fragmented Memoir’ (1985) 14(1) The University of Queensland Law Journal, p.23.

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Michael White T.C.Beirne School of Law: A History, 2nd ed. By October 1968 the chorus of protests from students and staff alike appeared to register with the University Senate, which submitted a request to the Australian University Commission for an additional grant for a new law building. However, the earlier tide of approval for new law buildings had passed and the Commission’s Fourth Report in May 1969 brought no relief for the UQ Law School. Incensed that the University’s preoccupation with physical, biological and medical sciences at the expense of other disciplines had resulted in a lost opportunity to improve the Law Faculty, the Faculty members continued to lobby for improvements. In a piecemeal effort to appease the Law Faculty, the university approved the construction of a mezzanine floor to provide temporary relief to the law library in May 1970.25 The years following were marked by a constant struggle between the Faculty and university administration over improvements to the library and solutions to the growing accommodation crisis. It is, however, indicative of the attitude of the University administrationat the time that law was not even included in the list of 20 priorities in the University’s submission for the 1973-1975 triennium. By March 1975 the University had finally recognized its responsibility and Deputy Vice Chancellor Ritchie proposed a scheme for the construction of a building complex to house the Law Faculty and law library as well as the Education and Psychology Departments.26 This would have alleviated the immediate accommodation problem but in 1976 the entire university building program was suspended nationally by the Federal Government and never fully restored.27With funding restricted and little capital works occurring, the Faculty of Law was left to endure its conditions. 3.4 Civil Disobedience and Student Riots While the staff and students of the Law Faculty were subjugated to their own departmental woes, the late 1960s and early 1970s also brought out forces that were that resulted in student unrest and civil disobedience.Student unrest and riots began in western European universities in the late 1960s and gradually spread. The reasons varied from country to country and university to university but for UQ they resulted in wide-scale student protests that assumed proportions never previously encountered in Queensland.28 It is considered that the event that marked the beginning of this period of civil disobedience and student rioting was in May 1963 when a UQ student Commemoration Week prank developed into an incipient mass political protest about high fares on public transport. In the largest street demonstration seen in Brisbane for many years, over 3,000 students boycotted trams and buses, marching on the Queensland Department of Transport. This event, and many like it during the period, often provoked negative responses in the media with students often referred to as “louts” and “thugs” but the

25

University News, May 1970, p.10. Malcolm I. Thomis, A Place of Light and Learning: The University of Queensland’s First Seventy-Five Years (1985), p.351. 27 University of Queensland Senate Annual Report, 1976, p.1. 28 Malcolm I. Thomis, A Place of Light and Learning: The University of Queensland’s First Seventy-Five Years (1985), pp.313-334. 26

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Michael White T.C.Beirne School of Law: A History, 2nd ed. media later exposed deliberate police over use of harshness with incidents of outright brutality by some police officers.

Student Protest – 5 September 1967 Source: University of Queensland Archives: UQA S909. While the period is characterised by civil disobedience29 withstudents challenging ‘the establishment’ and the demand for better facilities, three principal issues dominated the University during the late 1960s and early 1970s; a. the student movement for greater participation in university government; b. opposition to continuing Australian participation in the war in Vietnam; and c. the South African Springbok rugby tour of Australia in light of the continuing apartheid in South Africa. As part of this trend on Thursday 12 June 1969 a group of 25 students occupied the Senate room in the J.D Story Building in protest against the University’s administrative 29

For a detailed history of the student protests in Brisbane at the time refer to Carole Ferrier and Ken Mansell, ‘Student Revolt, 1960s and 1970s’ in Raymond Evans and Carole Ferrier (eds.), Radical Brisbane: An Unruly History (2004), pp.266-272.

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Michael White T.C.Beirne School of Law: A History, 2nd ed. power structure.30 Marking the start of increasingly militant and confrontational tactics, the students demanded greater representation in the Senate of both student and staff members. While no arrests were made, and changes to the Senate did not occur for a number of years, several students were allowed to address the Senate meeting that evening to voice their concerns. This action marked the high-water mark of student protests about representative university governance and the issue thenshaded into that of Australia’s increased involvement in the Vietnam War. In September 1970, a destructive attack was made on the University of Queensland Regiment headquarters which was followed by violent clashes between students and police when the First Secretary of the South Vietnamese Embassy in Canberra visited the University. The press condemned what was described as the University’s ‘day of shame’ and deplored the failure to uphold the traditions of free speech and academic freedom that the University was supposed to embody.31Justice Walter Campbell, then a member of the Supreme Court of Queensland, on the University Senate and a board-member of the Faculty of Law, was requested to conduct an inquiry into the events.32 What resulted was the most rigorous disciplinary proceedings in the University’s history and students protested against the hearings, suspensions and court convictions of some student leaders.

Student Moratorium in Great Court 8 May 1970 Source: University of Queensland Archives: UQA S909

30

Carole Ferrier and Ken Mansell, ‘Student Revolt, 1960sand 1970s’, above, p.271. The Courier Mail, 5 September 1970. 32 Malcolm I. Thomis, A Place of Light and Learning: The University of Queensland’s First Seventy-Five Years (1985), p.321. 31

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Michael White T.C.Beirne School of Law: A History, 2nd ed. One event seemed to follow the other and in July 1971 anti-apartheid sentiment had reached fever-pitch with the proposed Springbok rugby tour of Australia because of the continuing apartheid regime in South Africa which had resulted in international boycotts of its government.33 Opposition to the tour reached such levels that the Bjelke-Petersen State Government34 declared a ‘State of Emergency’ to give itself extraordinary powers in an effort to dissuade protestors from marching on the day of the rugby test match in Brisbane. Subsequent events impacted heavily upon the University with numerous staff striking in protest and many students boycotting lectures. These events were exacerbated by the heavy-handed tactics of the police. During the 1971 confrontations between police and protesters some of the law students formed into observer groups to attend the main events. Dressed in borrowed white laboratory coats, they took notes and photographs of events in a public way in an endeavour to exert a moderating influence and record accurately any police or student misbehaviour.Finally, with the departure of the Springboks from Australia the university life returned to some semblance of normality. For law students the unrest of the period was to continue to some extent as the situation of the law library failed to improve and library staff themselves constantly bemoaned their position and criticised the lack of action on behalf of the university administration. The Library Annual Reports from 1975 to 1979 contained scathing attacks on the University administration for its failure to rectify the chronic shortages and inadequacies within the Law School and the Law Library in particular. In one report, it is stated that a visitor to the law library remarked that the University of Queensland facilities “reminded him of libraries he had seen in underdeveloped countries.”35 Students themselves brought matters to a head in 1978 with a small-scale protest over Law School conditions. While little came of the protest in the intervening years, it was to be the watershed that would spark the events that would later force the university administration to improve the situation. These events mark the end of the 1970s except to note three cameos of important figures during these years. 3.5 Noteworthy Figures 33 Malcolm I. Thomis, A Place of Light and Learning: The University of Queensland’s First Seventy-Five Years (1985), p.323. 34 Sir Johannes "Joh" Bjelke-Petersen, KCMG (13 January 1911 – 23 April 2005) was an Australian politician. He was the longest-serving and longest-lived Premier of Queensland, holding office from 1968 to 1987, during which time the state enjoyed considerable economic development. His uncompromising conservatism (including his role in the downfall of the Whitlam federal government), his political longevity, and his leadership of a government that, in its later years, was revealed to be institutionally corrupt, made him one of the best-known and most controversial political figures of 20th century Australia. Bjelke-Petersen's Country (later National) Party controlled Queensland despite consistently receiving the smallest number of votes out of the state's leading three parties, achieving the result through a notorious system of electoral malapportionment that resulted in rural votes having a greater value than those cast in city electorates; Wikipedia online at https://en.wikipedia.org/wiki/Joh_Bjelke-Petersen. 35 University of Queensland Library Annual Report, 1975, p.3; University of Queensland Library Annual Report, 1976, p.20; University of Queensland Library Annual Report, 1977, p.19; University of Queensland Library Annual Report, 1978, p.22; University of Queensland Library Annual Report, 1979, pp.8-11.

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Michael White T.C.Beirne School of Law: A History, 2nd ed. 3.5.1 Professor Walter Norwood Leslie Harrison (1904-1966) Well known for his gentle and tolerant personality, Walter Norwood Leslie Harrison was born 28 October 1904 at Ravenswood, North Queensland. He received his secondary education at the State High School and at All Soul’s School, Charters Towers prior to commencing his undergraduate studies at the University of Queensland in 1923, boarding at St John’s College.

Professor Walter Harrison Source: University of Queensland UQA S916 Harrison completed his Bachelor of Arts in History graduating with second class honours in 1926 and was selected as Queensland’s Rhodes Scholar for that year, proceeding to the University of Oxford where he graduated in 1929 with first class honours in jurisprudence. A striking feature of Harrisons’s career,apart from his outstanding academic achievements, was his success on the athletics field. At the University of Queensland he broke the Varsity and State record for the 440 yard sprint in 1925 and won both the Inter-Varsity and Queensland State Championships for the 440 yard sprint and long jump. While at Oxford he was awarded a Blue for athletics over three consecutive years from 1927 to 1929 and was a member of the Oxbridge team that competed against Harvard and Yale in 1927. Harrison was also one of the few Australians that represented the British Empire against the United States in 1928.36 Returning to Queensland after time spent teaching in Armidale in NSW, Harrison studied for and was called to the Queensland Bar in 1933 and at the final Bar examination was 36

Harrison’s son, Lister Harrison QC has been a leading member of the Queensland Bar for many years in commercial, equity and taxation areas having been admitted in 1968 and taking Silk in 1983. I am indebted to Lister Harrison for assistance with some of the facts concerning his father’s life and career.

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Michael White T.C.Beirne School of Law: A History, 2nd ed. awarded second class honours, the only honours to be awarded in the State since T. J. Ryan in 1901. He supplemented his income by teaching part-time at the University of Queensland’s Department of History and eventually came to prefer academic life and accepted a full-time position at the University as a Lecturer in Law and Social Science beginning on 1 January 1939.37 As a lecturer in the Law School, his appreciation of history marked him as an authority on the topics of legal history and land law. He published numerous works including a land law casebook which was to become the main textbook of the subject for many law schools across the country. In 1948 Harrison was appointed as the forth Garrick Professor of Law, after the resignation of Mr A.D. McGill, and he became the fourth Dean of the Faculty of Law and Head of the Department. His benign personality directed the fortunes of the growing Law School and in many respects he was responsible for the success of the School over the following decades. Perhaps one of his most lauded achievements in this regard was the introduction prior to the Martin Report recommendations of 1964 of the Articled Clerks’ Course in 1962 which extended University instruction under non-degree courses to those trainees not engaged in tertiary legal education. The introduction of the course did much to raise the standard of legal education for solicitors in the State and raised the Law School’s prominence in the University.38 Alongside his role as lecturer and administrator of the Law School, Professor Harrison also devoted a large part of his time to the functions of University drafting and furnishing legal advice on University administration generally and was responsible for many of the statutes and rules implemented by central administration. Professor Harrison retired as Dean and Head of Department of Law at the end of 1964 due to a heart complaint but he continued as a professor and his lecturing until May 1966.39 On 16 July 1966 Professor Walter Norwood Leslie Harrison died. The Law Library now bears his name in recognition of his services to the School throughout his distinguished career.40 3.4.2 Sir Harry Talbot Gibbs GCMG AC KBE (1917-2005) One of the most famous University of Queensland alumni, Harry Talbot Gibbs (Bill to his early friends), was born in Sydney on 7 February 1917 to prominent Ipswich solicitor Harry Victor Gibbs. Growing up in Ipswich, he attended Ipswich Grammar School before commencing studies at the University of Queensland in 1934. During his time at University Harry Gibbs was extensively involved in a wide range of activities and was inaugural President of the University of Queensland Law Society, President of the 37

The Courier Mail, 21.5.1938 “Mr W.N. Harrison to be Full Time Lecturer”, p.2; Trove web site. The Bar Admission courses and examinations were usually conducted by members of the Bar who were, for the most part, university law graduates. 39 Email from Mr Lister Harrison QC of 30.9.16. 40 This section was mainly written by Ryan Gawrych using a number of sources including Ross Johnston, ‘History of the Queensland Bar’ (1979) and ‘University of Queensland Gazette’, July 1966. Further detail on the holders of eh Garrick Chair may be found in Michael White “History of the Garrick Chair at the TC Beirne School of Law” (2010) UQ Law Journal 335-346. 38

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Michael White T.C.Beirne School of Law: A History, 2nd ed. University Student Union and Vice-President of Emmanuel College. On one specific occasion, Gibbs disturbed the Women’s Club AGM to have fun by exposing an anomaly in the club’s constitution to insist that he was entitled to be a member. This was conceded and they changed the constitution.

Portrait of Sir Harry Gibbs Source: University of Queensland Archives UQA S916 Gibbs was awarded a Bachelor of Arts degree First Class Honours in English Language and Literature in 1937 and he was awarded the P. J. McDermott Memorial Prize for that year. The prize was created in 1925 by the Mrs McDermott to honour her husband and was to be awarded to a candidate receiving a Degree of Bachelor of Arts with Honours in English Language and Literature. In 1939 Gibbs was awarded his LLB First Class Honours and in 1946 his LLM, as to which see under. Gibbs’ fellow student, Thomas George Matthews, was awarded a Bachelor of Arts degree in 1937 and an LLB First Class Honours in 1939 for which Matthews was awarded a University Medal.41 Gibbs and Matthews were part of the first cohort that had started the new LLB degree course and of which three had graduated in 1938 but they had to undertake longer study for their honours and so graduated the next year; see Appendix I. Called to the Bar in 1939, Sir Harry Gibbs’ first period in practice was somewhat brief 41

I am indebted to Mr Bruce Ibsen and Dr Margaret Hammer for research into the degrees awarded to Sir Harry Gibbs and Mr Tom Matthews.

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Michael White T.C.Beirne School of Law: A History, 2nd ed. due to the advent of World War II (1939-1945). Enlisting on 2 December 1939, he was given the rank of Staff Sergeant but was then commissioned and served in Australia and New Guinea and finished the war in the rank of Major. He was awarded a Mention in Despatches (MID) for his service in New Guinea. On 17 November 1944Harry Gibbs married Muriel Dunn, a 1942 law graduate, whom he met while studying at the Law School. With the conclusion of the war, Gibbs returned to the Queensland Bar and part-time academic life at the University of Queensland. During the war he had assisted in planning unified post-war government for the then territories of Papua and New Guinea and it was this practical knowledge that led to his Master of Laws thesis entitled ‘The Laws of the Territory of New Guinea – Their Constitutional Sources and Basic Content,’ awarded in 1946. He also lectured part-time in the Law School from 1948, lecturing in commercial law, evidence and legal interpretation, until he was appointed to the Supreme Court of Queensland in 1961. He was a member of the Board of the Faculty of Law from 1954. After the war he and other prominent returned service personnel established and edited the first edition of theUniversity of Queensland Law Journal in 1951. In 1937 he had been the first president of the UQ Law Students’ Society, see Appendix III. During his time as a University lecturer, Harry Gibbs’ pupils included some of Queensland’s most prominent jurists, including Sir Gerard Brennan andthe His Honour Ian Callinan, later a Chief Justice and a Justice of the High Court respectively. It was Gibb’s professional reputation as a learned and formidable advocate that resulted in his success. He took silk on 7 February 1957, his practice further developing with a formidable reputation in appellate, constitutional and opinion work. He appeared in the High Court on 28 occasions and in 1960 argued before the Privy Council, which was his last case as a barrister. He was elevated to the Supreme Court in 1961 at the early age of 44 years, serving on that bench until 1967. Justice Gibbs demonstrated a capacity for manifest fairness and intellectual integrity and his broad experience stood him in good stead. He was the first of the University of Queensland’s Law School graduates to be appointed to the Supreme Court. During his time on the Supreme Court he presided over the 1963 Inquiry into the Australian Sugar Industry. He was also the Commissioner of the1963-1964 Royal Commission into allegations made against members of the Police Force in relation to their corruption at the National Hotel in Brisbane.He was criticised for being naïve over the National Hotels Commission report findings as there definitely was police corruption over the prostitution carried on there, but he always maintained that his findings were consistent with the evidence laid before him.42 In 1967 Justice Gibbs left Queensland for Sydney as a judge of the Federal Court of Bankruptcy in Sydney and Melbourne and shortly after he was also appointed to the Supreme Court of the Australian Capital Territory. The appointment to the Bankruptcy Court was made, and taken, in the expectation that he would become the first Chief 42

Conversation with the author c. 1990.

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Michael White T.C.Beirne School of Law: A History, 2nd ed. Justice of a proposed new Commonwealth superior court, but that proposal did not proceed. In 1970 he was appointed to the High Court of Australia to replace Sir Frank Kitto and was created a Knight of the British Empire (KBE). In 1972 Sir Harry Gibbs was appointed a Privy Counsellor and went to London on three occasions to sit on the Judicial Committee. Within six years of appointment, deaths and retirements meant that he had become the senior member of the High Court and with the eventual retirement of Sir Garfield Barwick in 1981, the Fraser Government appointed Gibbs as the new Chief Justice. Retiring in 1987, Sir Harry Gibbs’ 17 years on the High Court were characterised by a belief in the development of the law by judicial decision, but he remained clear in his conviction that the courts were an inappropriate vehicle for major social change. After retirement Sir Harry and Lady Gibbs lived in Sydney and he became quite active in public affairs, including discussion of constitutional law and related issues and he took part against the proposal for an Australian Republic in the 1999 Australian referendum. Heremained active in the wider legal community after his retirement and was Chairman of the Committee Reviewing Commonwealth Criminal Laws from 1987 to 1991 and served as President of the Kiribati Court of Appeal. He was involved with several Queensland Parliamentary inquiries and Chairman of the Australian Tax Research Foundation from 1990. Sir Harry Gibbs also remained heavily involved with the University of Queensland Law School after his retirement. He would often assist as a guest judge in numerous mooting competitions, having a profound impact upon mooters who greatly benefited from his years of experience. It was in this regard that the Sir Harry Gibbs National Constitutional Moot Competition was established at the University, reflecting Sir Harry Gibbs’ passion for the law and commitment to the development of young legal practitioners. Sir Harry Talbot Gibbs died on 25 June 2005, at the age of 88. His commitment to the University of Queensland Law School and to the advocacy skills of its students is reflected in the Sir Harry Gibbs Moot Court.43 Sir Harry Gibbs’s robes and decorations were donated by Lady Gibbs and his family to the Supreme Court of Queensland Library in 2006. 3.4.3 Sir Walter Benjamin Campbell AC (1921-2004) Walter Benjamin Campbell was born at Burringbar, New South Wales, on 4 March 1921, son of a distinguished World War I soldier, Major A.E.G Campbell DSO MC. He attended Downlands College, Toowoomba where he was school captain before receiving an open scholarship to attend the University of Queensland in 1940. In 1941 he interrupted his studies to serve as a RAAF pilot and was awarded his wings on This section on Sir Harry Gibbs was mainly written for the 1st edition by Ryan Gawrych using a number of sources including Res Ipsa (2005) and D.F. Jackson ‘Sir Harry Gibbs’ (2005) 79 Australian Law Journal 651-654. I am indebted to Mr Listesr Harrison QC, Sir Harry Gibbs’ Associate when he was a Supreme Court judge, for assistance with some of the facts. 43

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Michael White T.C.Beirne School of Law: A History, 2nd ed. 7 December 1942, the day of the Japanese attack on Pearl Harbour. Regarded as a natural pilot he was appointed as a flight instructor and was posted to the flying school near Launceston, Tasmania where he was badly injured when the plane in which he was instructing crashed. His leg injuries were so serious it was doubted he would ever fly again and it was a testament to his characteristic will and determination that only 12 months passed before he was fit enough to do so. While recovering from his injuries and later while still flying, Campbell continued his university studies and graduated with a Bachelor of Arts in 1944. With the end of the war, he returned to his scholarship and accepted an earlier invitation to undertake a Master of Arts which he completed in 1947 with a thesis entitled ‘Utilitarianism and its Effect on Legal and Political Theory’. He continued his legal education graduating in 1948 in his LLB with first class honours. Walter Campbell approached university life with the same enthusiasm and commitment that marked him as a gifted scholar; playing A-Grade rugby union for the University of Queensland, serving as the President of the University of Queensland Law Society, leading the University debating team and editing Semper Floreat. He received the Virgil Power Prize for topping the final two years of his law course, as to which prize see Appendix X. In late 1948 he was admitted to the Bar and he steadily built a busy and eminently successful practice eventually taking silk in 1960. He was regarded as a well-rounded generalist, within reach of the State’s leading Queen’s Counsel at the time including Harry Gibbs and Peter Connolly. It was also during this period that he maintained close connections with the University of Queensland Law School, lecturing part-time in a variety of subjects from 1948 to 1965. He was one of the first practising barristers and recent graduates (along with Harry Gibbs) to be appointed to the Board of the Faculty of Law in 1954 and served on the University Senate from 1963 to 1985. He was University Chancellor from 1976 to 1985 and, as the Queensland Governor,was the University Visitor and the Honorary Colonel of the University of Queensland Regiment and the Royal Queensland Regiment. Appointed to the Supreme Court of Queensland in 1967, Sir Walter Campbell’s time on the bench was characterised by his clear and forthright judgments and a commitment to reforming the administration of the court. He became Chief Justice in 1982 and took the initiative to introduce measures to streamline the allocation of cases in order to reduce delay and increase efficiency, establishing the foundations of the case management strategies that still exist today.

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Michael White T.C.Beirne School of Law: A History, 2nd ed.

Sir Walter Campbell with (L to R) Professor Darrell Lumb, Sir Harry Gibbs and Professor Kenneth Sutton Source: University of Queensland Archives UQA S916 Sir Walter Campbell resigned from judicial office in 1985 to accept an appointment as Governor of Queensland, serving a full five-year term and subsequent re-appointment for another two years. He expected Ministers to brief him on matters where his assent was sought and, in an effort to encourage merit-based appointments, requested reasons for the nomination of particular individuals to public positions. His service and judicial background stood him in good stead in terms of the ceremonial aspects of the office; even donning with equanimity the obligatory woggle as the State’s Chief Scout. As Governor, it was his legal knowledge of the reserve powers and his personal skills that averted a constitutional crisis when the Premier of the time, Sir Joh Bjelke-Petersen, lost the confidence of his party and the Parliament. Premier Bjelke-Petersen called on Sir Walter Campbell in an attempt to manipulate Cabinet appointments. The Governor adroitly refused to accept the Premier’s advice, deliberately delaying any response until the Parliament resolved the matter in its own constitutional manner. It is, however, interesting to note that in light of these later developments, Sir Walter Campbell as Chair of the Honorary Degrees Nomination Committee and Chair of the University of Queensland Senate had earlier takena prominent part in the controversial award to Premier Bjelke-Petersen of an honorary LLD in 1985 which generated considerable unrest on campus and elsewhere. After a short illness Sir Walter Campbell diedon 4 September 2004 aged 83. A bronze bust of Sir Walter Campbell was commissioned in 1992 to mark his long and distinguished association with the University of Queensland and his portrait as its 55

Michael White T.C.Beirne School of Law: A History, 2nd ed. Chancellor44 hangs in the Senate Room, between the portraits of former Chancellors Sir James Foots and Sir Alan Mansfield,in the Brian Wilson Chancellery at the St Lucia Campus.45

44

Email to author from Stephen Holden, Senior Manager Advancement, UQ dated 19.9.16. Most of this section was written by Ryan Gawrych for the 1st edition using various sources which included Michael White ‘Sir Walter Campbell’ (2004)78 Australian Law Journal 826-828 and ‘Sir Walter Campbell’, The Times, 20 September 2004. 45

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Michael White T.C.Beirne School of Law: A History, 2nd ed.

Chapter 4 Rejuvenation, Success and Expansion: 1980-2006 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13

Rumblings of the Past and Library Refurbishment 1990 Academic Advancement Centres of Excellence Established International Expansion Law Faculty Merged into the Business, Economics and Law Faculty 1997 Second Law Library Refurbishment 2000 Sir Gerard Brennan Chair Established Research and Course Development Seventieth Law School Anniversary 2006 Sir Harry Gibbs Moot Court Mooting Successes University of Queensland Law Society Women Law Students Association; Women and the Law Society; Justice and the Law Society

4.1 Rumblings of the Past and Library Refurbishment 1990 This chapter covers the period 1980 to 2006 and, while there are too many matters for the chapter to cover them all, it attempts to set out sufficient of them to give a representative framework for this period. With the austerity and unrest of previous years still very much a reality, the early 1980s marked the beginning of significant changes for the T.C. Beirne School of Law and the University of Queensland. Under the guidance of Vice-Chancellor Brian Wilson the perennial issue of declining funding was addressed and the University recommenced its building initiatives and, in September 1981, the psychology building was the first to be completed since the University building program was suspended in 1975.1 At the same time University Chancellor Sir Walter Campbell2 was fighting for greater post-graduate research funding from the Commonwealth Government,3 the number of overseas students increased dramatically, land acquisition projects continued4 and the overall number of students remained above the 18,000 mark. The extension of international enrolments was reflected in several graduation ceremonies being held abroad, with ceremonies held in Manila and Bangkok in early 1981.The University was also attracting a very large share of the best academically qualified Queensland school leavers to undertake study.5 1

University News, 30 September 1981, p.5. See Chapter 3 for details of Sir Walter Campbell’s career. 3 University News, 22 April 1981, p.4. 4 In fact, in 1982 the University of Queensland was accused of a St. Lucia land grab, having acquired 11 local houses in an effort to acquire new land for its new expansion. 5 Malcolm I. Thomis, A place of Light and Learning: The University of Queensland’s First Seventy-Five Years (1985), p.385. 2

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Michael White T.C.Beirne School of Law: A History, 2nd ed.

A string of other projects were to follow and the ominous portents that had appeared on the horizon in the 1970s were disappearing with the injection of substantial capital in new grants.6 Despite the University’s economic reinvigoration, the Law School remained in a dire position. In April 1982 the circumstances at the Law School culminated in the highly publicized occupation of the Law Library and all night ‘study-in’.7 Organized by then University of Queensland Law Society President Paul O’Shea it was supported by Dean Dr. Jim O’Donovan.8 Dr. O’Donovan was present when the students took over the Law Library, when Paul O’Shea made his “impressive television debut” and also later he formalized his support in the form of a letter to the editor of the University Newspaper. The protest involved over 150 law students demanding greater allocation of resources to the deficient Law Library. While this was not the first time students had protested about the Law Faculty’s situation, the overwhelming support received from University staff and members of the legal profession, in addition to the television coverage of the event, meant that it was to provoke immediate action. Following the ‘study-in’, senior members of the Law Faculty and University Administration debated the relative responsibilities of the Commonwealth Government and the University over the lack of financial allocation by the UQ Senior Management for the Law Faculty.9 What resulted was an increase in the allocation of funding to the Law School but the lack of significant support from the Commonwealth Government made it difficult to effect fundamental changes. However the Pearce Report,10 released by the Commonwealth Tertiary Education Commission in 1987, galvanized both the University and the Commonwealth Government to take substantial measures to rectify the inadequacies of the Law Library.11 The report, which reviewed the status of law schools throughout Australia, was particularly critical of the resourcing of the University of Queensland Law Library and deemed it “the most inadequate of any of the university law schools in Australia, given the number of students enrolled”.12 Academically, the Law School was one of the most respected in the country and yet it remained hampered by poor facilities and inadequate funding. This changed a little in 1989 when the University announced a $3.25 million redevelopment of the Law School 6

Malcolm I. Thomis, A place of Light and Learning: The University of Queensland’s First Seventy-Five Years (1985), pp.375-379. 7 University News, 7 April 1982, p.3. 8 University News, 5 May 1982, p.5. Dr O’Shea was later on the Law School staff for many years but returned to private practice as a solicitor in 2015. 9 Malcolm I. Thomis, A place of Light and Learning: The University of Queensland’s First Seventy-Five Years (1985), p.385. 10 D.C. Pearce, Australian Law Schools: A Discipline Assessment for the Commonwealth Tertiary Education Commission (1987). 11 A review of the outcomes of that report commenced in 1992 and was published in 1994. Craig McInnes, Australian Law Schools After the 1987 Pearce Report (1994). 12 D.C. Pearce, Australian Law Schools: A Discipline Assessment for the Commonwealth Tertiary Education Commission (1987), p.759.

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Michael White T.C.Beirne School of Law: A History, 2nd ed. and Law Library. The redevelopment doubled the space of the Law School, while preserving the sandstone home of the Forgan Smith Building and included the addition of new lecture theatres and office space for teaching staff. The design, which won an award from the Royal Australian Institute of Architects for the University and Brisbane architect Mr. Robert Riddel, added an upper level to the western wing of the building, above the site of the law library, enabling the library to increase law space by over 50%13 and capacity from the previously inadequate 69,000 volumes to a potential 170,000.14 The refurbishment of the library also included the addition of new study areas and hightech facilities and inspired a phase of vigorous library acquisition.15 Accordingly, what resulted was one of the best housed law collections in the country and the state of the new facilities attracted the attention of Queensland University of Technology law students and those of the newly established Griffith University Law School, who found that their own facilities were not as extensive as those provided at the recently refurbished UQ Law Library.16

Opening of the refurbished library in 1990 Source: University of Queensland UQA S916

13

John W East No Mean Plans: Designing the Great Court at the University of Queensland, 2014, p.139. University News, 17 October 1990, p.16. 15 University of Queensland Library Annual Report, 1990, p.20. 16 University of Queensland Library Annual Report, 1990, p.20. 14

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Michael White T.C.Beirne School of Law: A History, 2nd ed. However funding the expense for all of this was a problem and, unlike other departments within the University that could rely on funding arising solely from University and Government sources, the Law School had to rely on private funding and professional involvement to supplement the fund.17 To this end, a fundraising appeal chaired by Mr. Ken MacDonald, a partner in a leading law firm, was launched in March 1989 to help pay for the redevelopment. A number of sub-committees were formed and through the efforts of members of the legal profession, Judges, Bar and Solicitors, and with the help of various corporations a substantial amount was raised. One of the problems, however, was that some of the alumni did not hold some of the law staff in high regard and refused for that reason to donate.18 A donors’ board listing the names of those individuals and corporations that contributed significant amounts to the fundraising appeal was sited in the centre of the ground floor of the Law Library until the 2016 refurbishment of the Forgan Smith building. A record of all donors that have been able to be recorded over the life of the Law School is set out in Appendix X.

Governor H.E. Sir Walter Campbell AC QC and the Dean of the Law School, Professor Geoffrey Walker, at the opening of the refurbished library 1990 Source: University of Queensland Archives UQA S916 4.2 Academic Advancement While the T.C. Beirne School of Law has always maintained a reputation for academic excellence, the 1990s saw some further advancement in this regard. The Law School approached this decade with a view to advancing legal education, improving facilities, 17

University News, 17 October 1990, p.16. The author was on a Bar sub-committee seeking donations from members of the Queensland Bar and this response was not uncommon.

18

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Michael White T.C.Beirne School of Law: A History, 2nd ed. expanding research output and strengthening international affiliations, while ensuring students were provided with a sound foundation to develop future careers in the law.19 Changes to both undergraduate and postgraduate studies were marketed and developed. Changes in program structure, course flexibility and diversity as well as greater interaction with the legal profession, business, industry and government, reflected the School’s commitment to addressing a complex and competitive environment.20 4.3 Centres of Excellence Established An important part of greater scholarly advancement in this period was the establishment of several Centres of Excellence, as they were then called. In 1991 the Australian Institute of Foreign and Comparative Law (AIFCL), one of the School’s most successful and well regarded research centres, was established to promote research and teaching in foreign law and comparative law with a special emphasis on areas of law relating to international trade and commerce. Several years earlier the Centre for Legal and Economic Study of Institutions had been established which in September 2003 was superceded by the the newly established Centre for Public, International and Comparative Law (CPICL). Throughout the 1990s a variety of other research centres were established. The highly regarded Centre for Maritime Law (CML) was established in 1999 with a group of maritme lawyers which was the strongest group of shipping and Admiralty lawyers in Australia. The author was the Executive Director and Dr Sarah Derrington, now the Dean and Head of School, was the other director. In 2005 this changed its administrative structure into the Marine and Shipping Law Unit (MASLU). They were gradually joined by others and have achieved international recognition for scholarship, research and consultative skills in maritime law, international law of the sea and related areas. Sarah Derrington also established and ran the annual International Commercial Maritime Arbitration Law Moots until Kate Lewins, Murdoch University, Perth, took over in 2006. The moot gradually expanded in numbers and in 2016, when it was held in Essex University, England, 29 university teams competed. See later in this chapter and in Chapter 5 for more on mooting. The Australasian Centre for Intellectual Property in Agriculture (ACIPA) also transferred from another university to the Law School and its research into intellectual property issues in agricultural developments was highly regarded. Run jointly with Griffith University and the Australian National University, the Centre engaged in innovative, independent and critical research, whilst remaining focused on the development of pragmatic and workable solutions. It held conferences and seminars in Brisbane and Canberra and ran a number of Intellectual Property Training Workshops for the grains, horticulture and rural industries throughout Australia.21

19

T.C. Beirne School of Law Handbook, 1990, p.1. T.C. Beirne School of Law Handbook, 1993, p.1. 21 The driving force behind the team at the Law School was Dr Bradley Sherman. 20

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Michael White T.C.Beirne School of Law: A History, 2nd ed. The centres all received national and international recognition, attracting leading scholars and experts from around the world for their courses and conferences and this also enhanced legal teaching more widely. One of the missed opportunities in this period was the failure to establish the Australian Centre for Commerce, Law and Tax (ACCLAT) with particular emphasis on investigating and examining the dynamic between law and economics. Dr Jeff Mann, then a partner in the leading law firm of Mallesons Stephen Jaques,22 proposed it in 2000 and in 2006 he joined the Law School for that and teaching purposes.23 It was strongly supported by the then Law Dean Professor Tony Tarr and BEL Executive Dean Professor Tim Brailsford, and was fully funded from sources that Dr. Mann had organized. Its importance was such that it was decided that it would be better in the larger BEL Faculty and, in collaboration with the economics staff, including Professor John Mangan, it became the Economics and Law Research Unit (ELRU). The ELRU did good work but the support for it faded with a change of BEL Executive Dean and the Head of the Law School and in 2013 Dr Mann resigned from the Law School and returned to the private sector.24 His contribution to the Law School had extended over a lengthy period with him being honoured by the University being created an Academic Fellow in 199225 and Doctor of Laws (Honoris causa) in 2001. 4.4 International Expansion Over these years the Law School also began to focus more keenly on its relationships with law schools throughout the United States, Europe and the Asia-Pacific region. Joint exchange programs such as that with the Marquette University Law School, Wisconsin, United States and University of British Columbia in Canada were established, as were cooperative law programs in Singapore, Malaysia and Thailand. Apart from strengthening its financial position, these programs also served to increase the Law School’s reputation abroad and attracted leading legal academics from across the globe. The Law School also encouraged legal academics from overseas and hosted judges and academics from France, Germany, Indonesia, Egypt and China. In October 1999 the Law School was also the first to appoint a visiting professor in Islamic law when Professor Tarr invited Professor Dr. Haji Mahmud Saedon bin Awang Othman to teach Islamic Law with Dr Ann Black but, sadly, Professor Saedon died before he could take up the appointment.26 22

At time of writing the firm is King & Wood Mallesons with major offices in Brisbane and many other cities. 23 Email Dr.Jeff Mann AM to author dated 27.8.16. 24 Email Dr.Jeff Mann AM to author dated 27.8.16. Professor Mangan became the inaugural director of the Australian Institute for Business and Economics (2014-2015); see UQ web site http//researchers.uq.edu.au/researcher/80. 25 Minutes of Board of the Faculty of Law of 7.10.1992. The title ‘Academic Fellow’ was established by the UQ Senate at its meeting of 4.6.1992 to award ‘distinguished outsiders providing a specialist, part-time teaching service to academic departments’; Board of Faculty of Law Minutes, above; Press Release by Acting Law Dean dated 15.10.1992; Forms of Action, The Staff Newsletter of the University of Queensland Law Department, 9.9.1993 (edited by Professor Geoff Walker). 26 I am indebted to Associate Professor Ann Black for information about the Islamic Law aspects.

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The year 1997 also saw the Law School achieve substantial international accolades. In February the International Academy of Comparative Law in Paris announced, due to the efforts of Professor Gabriel Moens, that the T.C. Beirne School of Law’s Australian Institute of Foreign and Comparative Law had won the right to host the 16th Congress in 2002.27 The event, which was held in July 2002, was attended by more than 1,000 legal scholars, academics, legal practitioners and judges from throughout the world. 4.5 Law Faculty Merged into the Business, Economics and Law Faculty 1997 Administratively, the running of the Law School also changed quite substantially in 1997 when it was subsumed into the newly created Faculty of Business, Economics and Law (BEL).28 Combining the Departments of Management, Commerce and Economics, the Law School and the Department of Hospitality, Tourism and Property Management, the restructuring was part of the implementation of Vice-Chancellor John Hay’s requirement for a more streamlined university administrative structure.29 In 1998 the University of Queensland was named Australia’s University of the Year for excellence in teaching, research and graduate outcomes. This accolade was assisted in part by the Law School with its lecturers being responsible for almost half of the Australian legal teaching awards during the 1990s.30 4.6 Second Law Library Refurbishment 2000 By 1998 it was clear that the broadening fields of research interests in the Law School, in addition to rapid advancements in electronic information delivery, meant that the Law Library was once again in need of refurbishment and development.31 With financial support from the Law School, the BEL Faculty and the University’s research program through the Blair fund, a comprehensive upgrade of the Law Library’s technological capabilities and services was undertaken in a two-stage project.32 With the assistance of Wilson Architects, the first stage commenced over the 1999 July student holiday period and saw the redevelopment of the upper levels to provide computer training rooms, additional study rooms, email facilities, improved print and copy services and accommodation for postgraduate students. At the same time a more logical arrangement of the print collection with seating facilities more suitable for new trends in learning was implemented. The second stage of refurbishment commenced over the 1999-2000 Christmas break and resulted in the development of a new high use service for books reserved for this purpose, 27

University News, 6 February 1997. Judith Nissen and Moya Pennell, Mastering Management: A History of the Department of Management the University of Queensland, 2005, p.88. 29 Much of the preparation and implementation was the sound work of Senior Deputy Vice-Chancellor Ted Brown. 30 T.C. Beirne School of Law Undergraduate Program, 2003, p.3. 31 University News, 14 January 1998. 32 Walter Harrison Law Library, Law Libraries Symposium, November 1999, p.5. 28

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Michael White T.C.Beirne School of Law: A History, 2nd ed. upgraded service points and new office space for Law Library staff.33 Importantly, considering the Law School’s mooting successes, the moot court was renovated and relocated to a new section on the ground floor. Renamed the ‘Sir Harry Gibbs Moot Court’ after one of its most prominent graduates, it was officially opened in July 2000 by Sir Harry Gibbs himself. The moot court provided an invaluable facility in the Law School’s development of student advocacy and competitive mooting. See under for more detail about the Moot Court. 4.7 Sir Gerard Brennan Chair Established Prior to the first stage of redevelopment, the Law School announced the establishment of a new chair in law honouring the former Chief Justice of the High Court Sir Gerard Brennan.34 A graduate of the Law School Sir Gerard Brennan and his wife, Lady (Patricia) Brennan, attended a special function on 26 March 1999 to appoint the Head of School, Professor Anthony A. Tarr, as the first Sir Gerard Brennan Professor of Law. The $1.4 million fund for the chair, provided jointly by the University and private donors from the judiciary and the legal profession,35 was an integral part of the Law School’s continuing process of renewal. 4.8 Research and Course Development The late 1990s and the early 2000s also saw the Law School refocus its attention on the needs and services provided to postgraduate students, resulting in a diverse range of new programs. Aside from increased placements for PhD research in the Law School, including through its relevant research centres, the School provided an increased number of specializations for the Master of Laws coursework program. In1994 a Masters degree of Taxation was established.36 It was proposed by Dr. Jeff Mann who volunteered his services as Founding Co-ordinator and as a part time lecturer while still in practice. It was supported by Professors Kamal Puri, Geoff Walker and Tony Tarr. By 2001 the development of courses included almost a dozen specializations, including commercial law, comparative international law, intellectual property law, maritime and shipping law, public law and taxation law. Similarly, the School began offering postgraduate law studies for non-law graduates in the form of the Master of Legal Science program and commenced the Juris Doctor degree course.37 The JD program offered a structured law course to graduates of other disciplines that would satisfy the academic qualifications for admission to the Queensland legal profession. From 2001 these initiatives were supplemented by the Practical Legal Education and Training Course (PLEAT) that provided the practical legal training for admission so that law 33

University of Queensland Library Annual Report, 2000, p.20. University News, 25 March 1999. 35 In 1997 a Committee was established to raise half of the $1.4 million and through the efforts in 1998 of Justice Glen Williams, Adjunct Professor Dr Jeff Mann and others the funds were raised. A donor board of individuals and law firms that contributed to the fund was located on the level three of the Forgan Smith Building in the corridor outside the Law School office before the 2016 refurbishment. Appendix X has the list of donors over the years. 36 Memo Professor AA Tarr to Dr. Jeff Mann dated 27.1.1999; TC Beirne School of Law 1999.Prospectus. I am indebted to Dr Jeff Man AM for assistance with this aspect of the chapter. 37 University News, 6 September 1999. 34

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Michael White T.C.Beirne School of Law: A History, 2nd ed. students could do the course and be admitted to practice almost immediately on completion of their degree.38 With continual changes in the courses offered under both undergraduate and postgraduate programs to reflect teaching and research specialties, the Law School continued to grow and strengthen its reputation in the years following 2001. In this regard, the School’s commitment to the development of its students was reflected in the fact that graduates of the School were awarded an unprecedented four Rhodes Scholarships in the 2003 to 2005 period (see Appendix VI). The School’s position as a leader in the Asia-Pacific region was also established during this time with the School’s Centre for Public, International and Comparative Law taking up editorship of the prestigious LAWASIA Journal in 2004.39 One of the initiatives from the 1990s was the closer linking of the Law School with its alumni. In 1992 Dr Jeff Mann suggested to the Law Faculty Board (since abolished) that a graduates association should be established. This was taken up and he and others founded the Law Graduates Association, successively chaired by the Honourable Peter Connolly CBE, The Honourable Kevin Ryan CBE and the Honourable Glen Williams AO, all justices of the Supreme Court. It held regular events and was an important link between the Law School staff and its graduates. The LGA is currently chaired by Mr John McKenna QC. 4.9 Seventieth Law School Anniversary 2006 The Law School was founded in 1936 so the 70th anniversary occurred in 2006 at which time the 1st edition of this book was published. At the time, the School comprised over 50 full-time academics and a complement of part-time lecturers together with 21 adjunct professors who lectured on an honourary basis. As well, from time to time there were visiting international academics from New Zealand, Canada, the United Kingdom, France, Singapore, the United States and the People’s Republic of China. Its student body was comprised of 1,800 students, which included over 500 engaged in postgraduate studies. The School rightly claimed that it had educated some of the finest legal minds in Australia with its graduates including Chief Justices of the High Court and of the Supreme Court of Queensland, Governors of Queensland, judges of the High Court, Federal Court, State Supreme Courts, District Courts and Magistracy as well as academics, leaders of the Bar and major law firms. (Appendix VIII lists the superior court judges). Graduates of the T.C. Beirne School of Law also regularly won some of the world’s most coveted scholarships (Appendix VI). It is appropriate to turn now to some particular aspects of the Law School over this period. 38

T.C. Beirne School of Law Handbook, 2001, p.22. The LAWASIA Journal is the scholarly publication of the Law Association for Asia and the Pacific, an international professional association of bar councils, law associations, individual lawyers, law firms and corporations in the Asia-Pacific region. 39

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4.10 Sir Harry Gibbs Moot Court The University of Queensland moot court was and is a source of great pride for the Law School. Preserving some of the atmosphere of Brisbane’s colonial heritage, the moot court consisted of the original red cedar panelling and furniture from the former Supreme Court building which was donated to the Law School after fire severely damaged the courthouse in 1968. Through the efforts of Senior Lecturer in Law Dr. John Forbes and the Queensland Works Department the court panelling and furniture had been first installed in the Law School in late 1973 and was one of the first such purpose-built moot courts in Australia. In November 1979 the first annual moot court competition final was held before a bench comprising the then Chief Justice of the Supreme Court, the Honourable Justice Sir Charles Wanstall, the University Chancellor, the Honourable Justice Sir Walter Campbell and the immediate past president of the Bar Association Mr JM Macrossan QC (later the Honourable John Macrossan AC, Chief Justice of the Supreme Court). During renovations of the law library over 1999-2000, the moot court was located back to the ground level of the library, named after the Honourable Sir Harry Gibbs GCMG AC KBE, one of the Law School’s most distinguished graduates and former Chief Justice of the High Court (1981-1987) and it was officially opened on 14 July 2000. All of the Queensland cedar furniture was extensively refurbished and modern electronic equipment was installed along with a replacement Queensland coat of arms to hang behind the Bench. A portrait of Sir Harry Gibbs, painted by Sir William Dargie, was hung in the court, as were donations of items from various persons and entities, including a photograph of the former Supreme Court building donated by the Supreme Court Library Committee.40

The original research and writing for this section was done for the 1st edition by Ryan Gawrych working from TC Beirne School of Law Newsletter, July 2000. It has been revised by the author who was involved with the installation of the Sir Harry Gibbs Moot Court in 2000 working closely with Professor Tony Tarr, the Law School head who was the originator of many initiatives of this period. 40

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L to R on the bench: Sir Gerard Brennan, Sir Harry Gibbs and Chief Justice Paul de Jersey in the Moot Court in 2000 with mooters Peter Rawlings and Sarah McCosker41 Source: University of Queensland Archives UQA S916 Innumerable mooting competitions and mooting classes have been held in the court and the furniture has born witness to some of the most colourful advocates the Law School has ever produced. The Moot Court precinct was again changed in the Forgan Smith premises renovations in 2016 (see Chapter 5) and the current proposal is to install it in the premises that the Law School proposes it will establish in the city. 4.11 Mooting Successes The T.C. Beirne School of Law has for the most part had a distinguished reputation for mooting success both in Australia and abroad. Since the mooting program began in 1969 under the guidance of Senior Lecturer Dr John Forbes mooting has become an important part of the School’s curriculum and students participate in several moots during their studies. It is testament to the talent of its students and the dedication of the staff and graduate coaches that the Law School has distinguished itself on so many occasions.

41

Peter Rawlings was in the 1999 Jessup team and his wife Emma (Wilke), also a Law School graduate, were recent generous donors to the mooting program. Sarah McCosker, a member of the 2001 Jessup team, is the daughter of the former governor H.E. Penny Wensley AC, a UQ Arts graduate and strong UQ supporter, and her husband Stuart McCosker, a UQ Veterinary school graduate. Sarah is the niece of the late Robert Wensley QC a Law School graduate and long serving member of the University Senate. Sarah currently works for the International Committee of the Red Cross in Geneva and Peter works for a merchant bank in London. I am indebted to Professor Anthony Cassimatis for assistance with these facts.

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Michael White T.C.Beirne School of Law: A History, 2nd ed. In April 1997 the Law School students won the prestigious Willem C. Vis International Commercial Arbitration Moot competition at the University of Vienna’s Faculty of Law, again with the help of Professor Moens.42 With teams from over 50 law schools from across the globe, the University of Queensland team43 defeated the University of Cologne, Germany in the final. In subsequent years the UQ Team was placed first in the 1998, 1999, and 2000 competitions. Unfortunately, due in part to budgetary constraints but mainly because Professor Moens went to another university, a team representing the University of Queensland did not participated from 2002 to 2016 after which they recommenced when Professor Moens returned to UQ as an Emeritus Professor.

Winning 1997 UQ Vis Moot Team with the Governor General and other VIPs L to R: Lisa Ford, Joanne Coates, Dugald Wishart, Lisa Cohn, Darren Peacock, Michael L. Sher,44 The Hon. Sir William Patrick Deane AC KBE QC, GovernorGeneral, Professor Gabriel Moens and the Hon. Sir LLew Edwards AC, UQ Chancellor. Source: University of Queensland Archives UQA S916

42

University News, 16 April 1997. The team was coached by Professor Gabriel Moens who in 1999 won an Australian Award for University Teaching and a UQ Excellence in Teaching Award. I am indebted to Professor Gabriel Moens for assistance with details about the Vis Moot. 44 Mr Michael L. Sher was the co-founder of the Vis Moot. He was an attorney in New York and he was associated with UNCITRAL. He was invited by UQ, as an official representative of the Willem C Vis International Commercial Arbitration Moot, to come to UQ in 1997 to celebrate the spectacular win of our students. He also gave some lectures at UQ. He died several years ago and one of the major prizes in the Moot are named in his honour. 43

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Michael White T.C.Beirne School of Law: A History, 2nd ed. Some of the mooting has been mentioned earlier in this chapter, but in the 2000s teams representing the Law School won the international finals in the following competitions: Willem C Vis International Commercial Arbitration Moot; John Marshall International Moot Court Competition in Information Technology and Privacy Law; Phillip C Jessup International Law Moot Court Competition; International Maritime Law Arbitration Moot and Red Cross International Humanitarian Law Moot Competition. The Law School consistently was placed highly and its teams won on numerous occasions a variety of other domestic mooting competitions including the Shine Roche McGowan Torts Moot, the National Family Law Moot and the Sir Harry Gibbs National Constitutional Moot.

UQ wins the 2005 Jessup Moot competition, in which 517 law schools competed L to R: Nick Luke, Cameron Forsaith, Julian Ensby, Ruth Catts, Stephen Colditz, Dr Anthony Cassimatis (coach) Source: University of Queensland Archives UQA S916 In addition to these external competitions, the University of Queensland Law Society (UQLS) ran its own junior and senior mooting competition each year with finalists representing the Law School at the annual Australian Law Students’ Association (ALSA) conference. The UQLS also ran competitions in client interviewing, witness examination 69

Michael White T.C.Beirne School of Law: A History, 2nd ed. and negotiation and in 2005 had a team win through to the semi-finals of the International Negotiation Competition held in Dublin. Students representing the Law School have also won the International Commercial Online Dispute Resolution Competition on several occasions. Overall the mooting efforts in 2005 resulted in Law School student teams winning an unprecedented number of international and domestic mooting competitions: the Phillip C Jessup International Law Moot Court Competition, the International Maritime Law Arbitration Moot, the Red Cross International Humanitarian Law Moot, the International Competition for Online Dispute Resolution in Arbitration and the National Family Law Moot. Teams were also placed in the semi-finals for the International Negotiation Competition, the Sir Harry Gibbs National Constitutional Moot and the Manfred Lachs Space Law Moot in which he team also won the prize for Best Memorials. The mooting programs covering 2007 to 2016 are dealt with in Chapter 5. 4.12 University of Queensland Law Society The next three sections deal with law student societies and, in order to set out their activities over the whole period, they are taken up to 2015 instead of the most recent decade being dealt with in the next chapter. The University of Queensland Law Society (UQLS) was founded in 1936 by an enthusiastic team, amongst whom was HT Gibbs (Sir Harry Gibbs). Since this time, the UQLS has come to play an integral part in the life of the Law School and law students. It is not possible to set out all of the people involved or the major events in the life of the UQLS since 1936 so a snapshot of activities in 2015 is given which, it is hoped, will give some understanding of its activities. In 2015 the UQLS was the largest student society at the University of Queensland, and it remains one of the biggest student societies in Australia. In recent years, membership has reached 7000 members. The members are drawn from many Schools at the University, but the dominant focus of the Society remains the representation and service of law students, including those law students who are not its members. The society’s activities and programs range across seven key portfolios; Careers & Sponsorship, Competitions, Education, Equity, L Card & Socials, Publications and Sports. The activities of the Society are undertaken by an elected Executive Committee, which is comprised of students who assume responsibility for specific areas or portfolios. The UQLS seeks to represent and advocate the needs of students. One of the key roles of the Education portfolio is to represent students’ interests to staff and to sit on Law School advisory boards; consult with students about academic concerns; the facilitation of educational seminars; and to organise the annual Sir Harry Gibbs Lecture. Further, the UQLS aims to establish links between students and members of the legal profession with a view to creating opportunities for career development and mentoring through, for example, annual Careers Week seminars and a Barristers Work Experience Program. The 70

Michael White T.C.Beirne School of Law: A History, 2nd ed. Society also administers a wide range of legal competitions, including the popular mooting competitions and skills-based activities such as negotiation, witness examination, client interviewing and paper presentation. The Equity portfolio of the UQLS works to ensure that law school and the UQLS events are accessible to all students, with the administration of equity grants and the textbook loan program. This portfolio organises equity forums, postgraduate and international student events and UQLS first year programs. Beginning with the traditional first year dinner and first year barbeques, the UQLS runs the First and Second Year Retreat and the Buddy Program, pairing up older law students with first years. The UQLS also facilitates social interaction and activities for law and other students of the University. By far the biggest event on the UQLS social calendar is the annual Law Ball, which in 2015 had 1500 attendees. Other key events include the Valedictory Law Dinner, the L Card Launch Parties, Pub Crawl, Croquet, Bands Night and Meet-the-Exec events.

University of Queensland Law Society Executive at 2015 Law Ball Source: UQLS; Miranda Neep Membership to the UQLS provides students with an L Card which gives access to a wide range of deals and discounts across Queensland. The L Card is coordinated by the UQLS, but it is through the partnership and teamwork of the UQLS, QUT and Griffith that the L Card is rejuvenated every year with more favourable commercial deals for members. 71

Michael White T.C.Beirne School of Law: A History, 2nd ed. Together with QUT and Griffith, the UQLS hosts several L Card parties throughout the year. Students are provided with an enhanced opportunity to get active and involved in sports. The sports portfolio organises the annual Law Cup, as well as coordinating social sport teams and working with the Law School to create Staff vs Student sporting matches. In 2015 the staff and students went head to head in a cricket match and a volleyball match. On a cultural front, the Society attracts large crowds to the Law Revue, which is a major annual event for the wider university, in which students showcase their acting and musical talents. Publications are produced in a wide range of materials to assist students with their careers and studies. The yearbook Res Ipsa features accounts of law school life and the profiles of graduating students. Directions provides students applying for jobs with vital career advice and the ever popular LLB Guide gives students the chance to review the law subjects on offer, with submissions from their peers reviewing each course. The Society also publishes a satirical publication, Obiter, which in 2015 changed to a website format. Each year the members of a new team of the UQLS executive brings their own vision for new events, programs and fresh ideas on how to improve on existing events to develop and improve the services for its members. . The presidents of the UQLS are set out in Appendix III.45 4.13 Women Law Students Association; Women and the Law Society; Justice and the Law Society The Women Law Students Association (WLSA) was established over 1979-1980 and, after serving a very useful function for several years, it then lapsed in the mid-1980s. Its known presidents during its years included Maria Borsellino (Feeney), Diane Fingleton, Roslyn Atkinson and Diane Soon. The Women and the Law Society (WATL) was formed in 1993 to address some judicial remarks at rape trials indicating bias against women. WATL aimed to address gender inequality before the law, in the legal profession and in the Law School. At the time, although approximately half of the law students were female, less than ten percent of the judiciary and barristers were women, and female partners in law firms were few and far between. Women were also under represented in general legal academia. WATL organised numerous events to advance its aims over the next 15 years and in 2008 WATL was renamed Justice and the Law Society (JATL) to better encompass its growing role in the Law School. JATL is a student society that aims to promote student interest in and discussion of the intersection between the law and social justice, whilst providing opportunities for professional networking and career development. Some of its The original research and writing for the UQLS section was done for the 1st edition by Caitlin Goss now, having completed her DPhil at Oxford on her Rhodes Scholarship, is on the Law School staff. For this edition it has been updated by Georgia Morgan 2015 UQLS President and Keilin Anderson. 45

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Michael White T.C.Beirne School of Law: A History, 2nd ed. focuses include raising awareness of the interaction between the law and social justice, examining the social context surrounding the legal system, facilitating discussion about the law and its implications and professional networking and career development.

Justice and the Law Executive 2016 L to R: Back: Sunny van den Berg, Rin Shimada, Emily McClelland, Jasmine Zamprogno, Prianka Thomas. Front: Rose Leonforte, Madeleine Gifford, Jocelyn Bosse, Chloë Bennett, Kate Pidgeon, Julius Moller. Source: Justice and the Law Society Each year JATL publishes the Pandora’s Box journal, a print edition which includes interviews and articles by both academics and students. This has also been expanded to Pandora’s Blog which is updated throughout the year online on the JATL website. JATL is the only society in the Law School to provide such a platform. JATL's Beyond Eagle Street program features events such as Wigs at the Bar, Speed Networking, Law Beyond the Border and the Annual Professional Breakfast. The program aims to give law students a holistic perspective on the career opportunities before them. Additionally, JATL has expanded its activities to include a year long series of social justice forums focused on current events and the law. In 2015 JATL hosted its inaugural Gala, a charity event for the Law School and the wider legal community. JATL continues to be a vibrant and thriving society promoting gender equality, social justice and professional education. 73

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A note about WLSA and the list of presidents of WATL and JATL are set out in Appendix IV.46

The original research and writing for this section was done for the 1st edition by Kathryn Purcell, the 2005 President of the WATL which has been revised for this 2nd edition by Chloe Bennet, 2016 Secretary, and Keilin Anderson. 46

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Chapter 5 Development, New Courses andRefurbishment2007-2016 5.1 5.2 5.3 5.4 5.5

5.6

5.7

5.8 5.9 5.10 5.11 5.12

5.13 5.14 `

Introduction Heads and Deans of School Legal Education Requirements and Curriculum Changes 5.3.1 New UQ Student Strategy 2016 Practical Legal Training Legal Education Courses 5.5.1 Introduction 5.5.2 LLB and Dual Courses 5.5.3 Honours 5.5.4 Juris Doctor Degree (JD) 5.5.5 Masters Degrees by Coursework 5.5.6 Research Higher Degrees 5.5.7 New Teaching Method from 2017 Research Centres 5.6.1 Centre for Public International & Comparative Law (CPICL) 5.6.2 Australian Centre for Private Law (ACPL) 5.6.3 Marine and Shipping Law Unit (MASLU) Law School Programs 5.7.1 Pro Bono Centre 5.7.2 Clinical Legal Education 5.7.3 Continuing Professional Development Exchanges with Overseas Law Schools Practitioners-in-Residence Law School Intake Numbers Finances Mooting and Competitions 5.12.1 Introduction 5.12.2 Annual David Jackson Dinner 5.12.3 Jessup Moots 5.12.4 Maritime Law Moots 5.12.5 Other Moots 5.12.6 Legal Skills Competitions Law Teaching Excellence Refurbishment of Forgan Smith Building Premises 5.14.1 Refurbishment Works 5.14.2 Forgan Smith Funding Program 5.14.2.1 Mr John Storey AO 5.14.2.2 Hon Dr Margaret White AO 5.14.2.3 Mr James Bell QC 75

Michael White T.C.Beirne School of Law: A History, 2nd ed. 5.14.2.4Fund Raising Committee Members 5.1Introduction The previous chapters have each dealt with various periods in the earlier history of the Law School and this chapter deals with the period from 2007 to the middle of 2016. During this decade a lot of development of courses and structures occurred and, at the time of writing in mid-2016, the 80th anniversary year of the founding of the TC Beirne School of Law (the TCB or Law School), the pace of change continues. These changes are mentioned in this chapter and the current situation is set out as a record for future historians of how matters stood about the middle of 2016. It is not only the Law School that is changing but so is the whole University. One aspect is that in midAugust 2016 the rankings were announced by one of the leading world indices on university rankings and UQ had made prodigious advances up the list to be ranked number 55in the world and second in Australia, after Melbourne University at number 40.1 It is the best result since rankings began in in 2003 with UQ moving up from number 90 in 2012 and from number 77 in 2015.2 5.2 Heads and Deans of School Over the period 2003 to the end of 2016 there were five Heads of School, whichis a fairly high turnover for a law school. At the TCB the positions of Head of School and the Dean were combined into the one person after 1998.After Professor Tony Tarr left for a USA position in 2002, Professor John Devereux was the Acting Headfor about a year. Professor Charles Rickett came from the University of Auckland’s Faculty of Law and took up the position on 1 August 2003. He resignedon 31 December 2007. Professor Ross Grantham came to the TCB also from Auckland University, shortly after Professor Rickett and, having been the Deputy Head under Professor Rickett,was appointed Head from 1 January 2008 until 21 January 2012. Professor Gerard Carney commenced in the position on 30 January 2012 but he resigned on 25 January 2013 because of difficulties in pursuing a change of agenda for which he was not getting the full support of the University hierarchy. Professor Nick Gaskell, who had come to the TCB from the Southampton Law School and was much appreciated for his knowledge and standing in maritime law, was appointed the Acting Head on 28 January 2013 until the 30 June of that year. Professor Sarah Derrington, previously Director of Studies at the BEL Faculty but who had resigned to pursue a full time career at the Queensland Bar, was appointed on 1 July 2013 for a period of five years.3 The names of the Heads and Deans of the TCB from the first appointments in 1936 are set out,along with other senior staff appointments, in Appendix II. 5.3

Legal Education Requirements and Curriculum Changes

1

Academic Ranking of World Universities, web site http://www.shanghairanking.com/ARWU2016.html. ‘UQ Update’ newsletter dated 15.8.16. 3 The dates have kindly been researched from the UQ files by Mr Declan Hughes, Human Resources Manager in the BEL Faculty. 2

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Michael White T.C.Beirne School of Law: A History, 2nd ed. The various methods of teaching law and the content of what the English law students were taught in the common law are set out in numerous histories of the English system from the medieval period.4 They are too lengthy even to summarise in this book and it is sufficient to mention that there was tension between the common law method of teaching in the Inns of Court, London and the civil law taught by the two universities at Oxford and Cambridge. The former taught with a focus on the decisions by the judges under the common law while the latter had a focus more on an intellectual and theoretical level under the civil law. To some extent this tension exists today and a summary of how these tensions have been dealt with and a short history of the development of the Australian legal educational structure is desirable to show the convoluted background for the current Law School teaching and courses. When the British Colony was established in NSW (Sydney) in 1788 there were no lawyers and as the various constitutional and governance structures developed so did the number of lawyers from England. From there legal training in Australia gradually developed. A major speech and paper in 2011 by High Court Chief Justice Robert French, which he called ‘Legal Education in Australia – A Never Ending Story,5 neatly summarised the theme and in the paper he traversed the history of legal education in England and then in Australia. As the title implies his theme was that legal education gradually changed from a focus on the early English Common Law to teaching the Australian developments from it, especially since Federation in 1901 and the constitutional Australian differences with a federation and a written constitution. Overthe more recent period the subject of legal education and training was the subject of a series of major reports and these are well summarised by the Law Admissions Consultative Committee (LACC), from whose web site I have drawn heavily for this information. The LACC is comprised of representatives of the Law Admitting Authority in each Australian jurisdiction, the Committee of Australian Law Deans, the Australasian Professional Legal Education Council and the Law Council of Australia. It is generally responsible to the Australian and New Zealand Council of Chief Justices, which appoints the Chairman of the Committee. The LACC's main role is to forge consensus between the various bodies relating to academic and practical legal training requirements for admission to the Australian legal profession, the accreditation and appraisal of academic and practical legal training institutions and courses, and other matters related to admission to practise law.6

4

The Selden Society book of 2015 publishes the readings (lectures) in the London Inns of Court over 1430 to 1540 and are a valuable resource about the content of teaching in those Inns over that century, see Margaret McGlynn (Ed.), The Rights and Liberties of the English Church: Readings from the Prereformation Inns of Court, 2015, Selden Society, London. Also see Sir John Baker ‘Legal Education in London 1250-1350’, Selden Societey Lecture of 4.7.2005, Selden Society Booklet, 2007. 5 The Hon Robert French AC, Chief Justice of Australia, ‘Legal Education in Australia – A Never Ending Story’ speech to the Australasian Law Teachers’ Association on 4 July 2011,in Brisbane, published on High Court web site at http://www.hcourt.gov.au/publications/speeches/current/speeches-by-chief-justicefrench-ac. 6 LACC web site http://www.lawcouncil.asn.au/LACC/.

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Michael White T.C.Beirne School of Law: A History, 2nd ed. It is the admission to practise law that is the controlling influence in the curricula of law schools and the TCB as a mainly professional law school has usually taken great care since its establishment to meet these requirements.7 In 1976, a National Conference on Legal Education endorsed a suggestion by Justice Charles Bright, then Chancellor of Flinders University, that an Australian Legal Education Council (ALEC) be established. Under the chairmanship of Justice Gordon Samuels ALEC sought to follow in the steps of the Ormrod Committee in the UK (1971), to identify a common "core" of compulsory subjects which all law schools would agree to teach to undergraduate law students, including those who sought admission to the legal profession.8 In June 1978 the Victorian Council of Legal Education established an Academic Course Appraisal Committee under the chairmanship of Justice Richard McGarvie. It proposed amendments to the Victorian Admission Rules late in 1979, which provided for the Council of Legal Education to accredit subjects in a law course that provided a student with basic understanding and competence in most of the areas presently specified in the Academic Requirements, plus some other subjects. Law schools questioned the impact that the new requirements imposed by the Victorian Council of Legal Education would have on student demand and choice and on the academic interests and expertise of staff as well as on other institutional and resourcing matters. As a result of these reservations, the Academic Course Appraisal Committee launched an exhaustive enquiry, culminating in a Report on Legal Knowledge Required for Admission to Practise, presented to the Council in October 1982 (the McGarvie Report). The McGarvie Report took into account a recommendation by LACC's predecessor,to compile significant documents which werefurther developed by LACC and subsequently adopted by Admitting Authorities in each Australian jurisdiction. It also examined work completed by a committee of ALEC, chaired by Professor Horst Lucke,9 in its Report on Core Subjects (February 1981). ALEC's ultimate recommendation in March 1982 recommended that Australian applicants should be required to have studied the areas recommended by LACC's predecessor, plus Evidence, Procedure, Professional Conduct and Trust Accounts. In the early 1990s, problems generated by differing admission rules in the States and Territories led to the establishment of a Consultative Committee of State and Territory Law Admitting Authorities, chaired by Justice LJ Priestley. That Committee released a Discussion Paper on Uniform Admission Requirements in 1992. It did not seek to dictate curriculum requirements or compulsory subjects to universities. Rather, it favoured the specification of broad areas of knowledge in 7

LACC web site, above. LACC web site, above. 9 Professor Lucke was then at Adelaide University and is now an Honorary Professor at the TCB. 8

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Michael White T.C.Beirne School of Law: A History, 2nd ed. which applicants for admission would need to demonstrate basic knowledge and competence. There were 11 such areas, which have become known as ‘the Priestley 11,’10and which remain the basis for subjects offered by law schools for those seeking to be admitted to theprofession. Because of the potential costs to law schools of responding to different regulatory requirements, LACC has also encouraged Admitting Authorities in the States and selfgoverning Territories to participate in, and to adapt to their purposes, accreditation and review processes undertaken by other regulators.11 The Council of Law Deans (CALD) had established Standards in 2009 which had been expected to be used for accreditation of law school courses by Admitting Authorities but in 2013 CALD decided that they should not be used for accreditation purposes. Further, the Law Schools became self-accrediting of their own courses with no independent reviews. In 2011 the Tertiary Education Quality and Standards Agency Act 2011 (Cth) (TEQSA) created a Commonwealth body with power to adopt standards for tertiary qualifications, including law, and to accredit higher education providers against those standards. However, TEQSA required that where professional accreditation of a course of study is required for graduates to be eligible to practise the course of study must still be accredited by the relevant professional body,12so the system for law was back where it started. The task of accrediting law courses against the standards is formidable, so s 49 of the TEQSA Act provided for TEQSA to authorise higher education providers to be selfaccrediting, subject to periodic auditing by TEQSA. As at February 2016, CALD has advised LACC that all 38 Australian law schools are self-accrediting providers.13 Given the importance of law courses to the legal profession and the intense commercial competition amongst law schools, the LACC concluded there was an underlying conflict of interest with law schools being self-accrediting. So the LACC prepared Standards for use by State and Territory Admitting Authorities which are intended to complement, rather than supplant, standards employed by other regulators or external reviewers, including the CALD Standards for Australian Law Schools. The LACC acknowledged that this is intrusive and some burden on Law Schools so undertook that its reviews would not be conducted at less than 5 year intervals. Each Admitting Authority is, of course, free to adopt other mechanisms for more frequent monitoring of law courses and for approving significant course changes.14 All of these requirements has meant that the TCB has had to work hard and carefully to implement its courses to formulate them for its graduates to be admitted to practise by the Queensland Supreme Court in the main, but also the other Australian Admitting Authorities. 10

Chief Justice Robert French AC ‘Legal Education in Australia – A Never Ending Story,’ above, 21. LACC Accreditation Standards Paper, Introduction, above, 1-2. 12 TEQSA, Higher Education Standards Framework (Threshold Standards) 2015, Part A, item 3.1, para 5. 13 LACC Accreditation Standards Paper, above, 1-2. 14 LACC Accreditation Standards Paper, above, 1-2. 11

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Michael White T.C.Beirne School of Law: A History, 2nd ed. Events are still developing and in mid-2016 the LACC, established by the Council of Chief Justices, issued a draft paper on the future proposals. This paper will almost certainly become the basis on which Australian Law Schools must focus their law courses (LACC Accreditation Standards Paper).15 5.3.1 New UQ Student Strategy 2016 To the many changes required by the LACC and the Australian Admitting Authorities that the Law School has to deal with are added the new Uuniversity changes and especially the recent UQ Student Strategy 2016-2020. This Student Strategywas the result of major consultations with UQ staff over several years and publication of green and white papers. On 19 July 2016 the UQ Vice Chancellor and President, Professor Peter Hoj, announced a five year program which he stated would be ‘at the forefront of a learning revolution’.16 His announcement included a summary of the purpose of the program: The program is designed to deliver innovations and new initiatives in graduate employability, student facilities as well as integrated digital learning techniques, more flexible study options, and broader support for students and graduates including those who wish to start their own businesses.17 There are four major planks to the new strategy, which are enhanced programs and support for employability of graduates, more flexible and new course study options, more student consultation and mentoring and further development of the campus.18 It remains to be seen what changes the new Student Strategy will mean for the Law School, but one new aspect will be that law students who have found it difficult to find suitable accommodation may be able to live at the new 1300 bed student precinct that will be built on the expanded UQ campus in St Lucia. This proposed further expansion of the campus, it should be mentioned, is much to the chagrin of the nearby St Lucia residents whose peaceful enjoyment of their suburb will be detrimentally affected. 5.4 Practical Legal Training By the law schools meeting the requirements of the Priestly 11 they satisfy the academic requirements of lawyers seeking admission. The tension betweenthe academic requirements and the practical training needs of practitionerscontinues of course and this the latter’s needs are met by the Practical Legal Training (PLT) bodies whose courses law graduates are required to complete for admission. It should be noted that even after admission as a Legal Practitioner both the Bar Association19 and the Queensland Law

15

Law Admissions Consultative Committee, Accreditation Standards for Australian Law Courses, AUSTRALIA/SDC/238832380.09. 16 UQ web site https://www.uq.edu.au/news/article2016/07/uq-poised-make; and www.studentstrategy.uq.edu.au for the Strategy paper. 17 UQ web site, Student Strategy, above. 18 UQ web site, Student Strategy, above. 19 See Qld Bar Association web site https://www.qldbar.asn.au/#/practising-certificate.

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Michael White T.C.Beirne School of Law: A History, 2nd ed. Society20 have further requirements under the Legal Profession Act 2007 (Qld) to be met before practitioners are granted a Practising Certificate as a barrister or as a solicitor respectively. Before about 1970 the PLT requirements had been met by law trainees serving as Articled Clerks or by the Barristers and Solicitors Admission Boards giving courses and setting examinations. As the number of law students increased, however, the ability of law students to securearticles decreased and the PLT courses eventually replaced Articles of Legal Clerkship and Barrister Board examinations in the various jurisdictions.In 1992 the LACC developed Uniform Admission Rules, which were designed for the guidance of the Boards and other Admitting Authorities in each jurisdiction. 21 The background to the current PLT system is that by February 1993, the various systems for acquiring practical legal training that had developed in different jurisdictions led the Standing Committee of Attorneys-General (SCAG) to ask the Law Council of Australia to forge a national agreement among the various jurisdictions as to the requisite elements of practical legal training. The Law Council reached agreement on general heads of practical legal training, but could not agree on whether the necessary training should occur before or after admission. Twelve broad heads were endorsed, which actually mirrored the contemporary offerings of the various existing PLT courses.22 In February 1994, the LACC released a proposal for uniform PLT requirements, which drew upon the work that had been done by a Working Group established by the Law Council of Australia. Apart from prescribing areas of practice for PLT courses, the Committee also recommended, in lieu of PLT, a minimum requirement of two years’ practical experience of which at least one year must be gained after admission. The Committee provided for 12 practice topics, sometimes referred to as the ‘Priestley 12’.23 All of the law schools struggled with these numerous changes to accommodate the requirements for admission. During the decade under consideration in this chapter, from 2007 to 2016, the TCB grappled with the tension between offering what might be considered a more theoretical curriculum and one which was able to combine both deep theoretical learning and sufficient grounding in professional skills and attributes. When Professor Carney became Head on 30 January 2012 he changed the emphasise back to the importance of the TCB being a ‘professional’ law school and that focus has continued under Professor Derrington. TCB has retained its emphasis on thorough and deep learning in the core Priestley 11 areas and currently encourages the involvement of the judiciary and the legal profession in all aspects of the curriculum.Whilst it is true that only slightly more than one half of Australian law graduates are working in legal practice after about 10 years from graduation, a recent survey of TCB students revealed that the 20

See QLS web site http://www.qls.com.au/For_the_profession/Your_legal_career/Practising_certificates. LACC web site, above. 22 LACC web site, above. 23 Monahan, Geoff; Lliffe, Bronwyne ‘Competency-Based Education And Training For Law Students’ [2001] UTSLawRw 14; (2001) 3 University of Technology Sydney Law Review 181. 21

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Michael White T.C.Beirne School of Law: A History, 2nd ed. overwhelming majority enter law school with the intention to practise and nearly all TCB graduates wish to be admitted and gain some experience of practice even if later they branch out into other areas. At TCB the Priestley 11 subjects are currently compulsory for the LLB degree. It is desirable, therefore, to record the courses and degrees offered by the TCB towards the end of 2016 to preserve a snapshot of the situation for future historians. 5.5 Current Legal Education Courses 5.5.1 Introduction During 2014-2015 the Law School courses being offered were revised and significant changes made to emphasise the focus on the legal profession as well as post-graduate academic skills. After considerable consultation, both internally and externally, an updated LLB(Hons) curriculum to commence from 2017 was approved by the Academic Board of UQ and has been submitted to the Law Practice Admissions Board(LPAB) for the approval of the Board and the Chief Justice.24 5.5.2 LLB and Dual Degrees The courses offered at the TCB during 2016 are co-extensive with the Priestley 11 in addition to offering numerous elective courses. The students have a choice of the ‘straight’ LLB or they may combine it with a degree in Arts, Commerce, Business, Business Management, Science, or Economics. Degree courses done in other disciplines or from other universities are assessed on their merits and credit given towards an LLB as may be appropriate. The dual degrees are the norm for the undergraduates with about 80% or so taking dual degrees.25From the first year entries in 2015 all LLBs will be graduating with Honours. Students wishing to study the new LLB(Hons) or one of the dual degree options must meet the entry requirements. From January 2015, those requirements were a pass in senior English and a final achievement at school of an OP1/rank 99/ATAR 99.00.26All entries are controlled through applications to the Queensland Tertiary Admissions Centre (QTAC).See under for discussion of the 2016 new teaching method. Only students with excellent academic results, therefore, now manage to gain entry into the TCB law degree course. 5.5.3 Honours The TCB approach to the requirements for the award of honours has varied over its 80 years of teaching. In the first cohort, those not taking honours graduated in 1936 but the two students taking honours (Sir Harry Gibbs and Mr Tom Matthews) had to stay enrolled into the following year when they were both awarded First Class Honours. (See Appendix I).Over the years the argument that the LLB was already long enough prevailed and so the requirement for an extra year was abolished and honours wereawarded on a 24

LACC web site, above. Professor Fiona Rohde to author, email 4.8.16. 26 UQ web site http://www.law.uq.edu.au/bachelor-of-laws, ‘Bachelor of Laws (Honours) Program.’ 25

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Michael White T.C.Beirne School of Law: A History, 2nd ed. student’s final Grade Point Average (GPA)27 in various grades or classes. (Class I: 6.000 and above, Class IIA: 5.500-5.999, Class IIB: 5.000-5.499).A student who gained the degree with results below Class IIB was awarded a Pass degree. As part of the Australian Qualities Framework (AQF) the LLB (Graduate Entry) was changed to the LLB (Hons) from 2015 and CAPP approved the discontinuation of the LLB(Hons) from Semester 1, 2017. Approval was based on declining enrolment numbers; the fact that the Queensland Tertiary Academic Centre (QTAC) conversion of post-graduate (PG) qualifications to Overall Position (OP) meant that the graduate cohort included students with an academic achievement level not comparable to the incoming undergraduate cohort and the fact that the program required students to undertake four substantive law courses in their first semester without prior knowledge of any law or legal technique.28 So all those who entered the LLB in early 2015 and 2016 will come under the new Honours regime whereby all those who pass the degree course will be awarded Honours of one class or another. They will, however, be taught under the current model of lectures followed by tutorials. From the beginning of 2017 the new LLB students will come under the new Teaching Method, see Section 5.5.7 under. However, for them this same Honours system will prevail and they will be awarded honours of one class or another based on their final GPA. (Class I 6.2 and above; Class IIA 5.650-6.199, Class IIB 5.00-5.649, Class IIIA 4.00-4.99, Class IIIB

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