Monday, March 06, 2006

I, My Lords, embody the Law

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

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

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

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


Anonymous Anonymous said...

looked , couldn't find any !

10:45 pm  

Post a Comment

<< Home