New Chief Justice of the High Court is French

The Honourable Justice Robert Shenton French has been appointed by the Federal Government as Chief Justice of the High Court of Australia. He will replace the Honourable Murray Gleeson, who retires on 29 August.

Announcing the appointment yesterday, the Attorney-General, Robert McClelland, said:

"He brings to bear an interest in the practical development of the law but in accordance with legal principles".

In a speech entitled "Making Your Own Fun In Intellectual Property Law" in September 2006, Justice French (then a Federal Court judge) provided some insight into his interest in the law, declaring:

"Those of us who practice law know that we do it because we can’t do other things. I cite my own case. I studied physics before I studied law and was told in my final year, after delivering a seminar on elementary particles and mathematical group theory:

You express yourself magnificently but I’m not sure you know what you are talking about.’

This encouraged and qualified me to enter the Law School. After graduating I became a lawyer, the kind of person who is the boring imaginary friend of some really interesting people. Some of the most interesting people in intellectual property law are the clients. They are scientists, artists, writers, musicians and dramatists – people of creative spirit and drive which we may assume vicariously and temporarily as our own."

Nicholas Weston, the law firm behind the Australian Trade Marks Law Blog, is not like that. By the way, check out our recent article about how we successfully acted in the Supreme Court of New South Wales for the promoter of a couple of Queen tribute acts, HERE.

Justice French continued:

"Despite its many boring words and unimaginative imaginary friends, the work of intellectual property law is engaging, for its subject matter, the interesting people we meet and increasingly the international dimensions of the work. It is challenging, but not beyond the capacity of practitioners and judges in this State (WA) to provide advisory and dispute resolution services at a high level of excellence. There is, of course, ongoing pressure from the profession in the Eastern States which tend to market Sydney and Melbourne as centres of specialist excellence.  Excellence is a matter of doing the work. Specialisation may aid efficiency but taken to extremes is a questionable virtue in such a shifting and dynamic field."

It seems to me the new Chief Justice values that a 21st century law firm should not be too precious about what we do, or comprise battery-lawyers practising in blinkered specialisms, for the reason that quality and clarity of thought are a direct product of diverse experience. If you agree, contact us for a job at this firm. The speech -- worth reading for its amusing insights on evidencing erectile dysfunction (Justice French sat in the Full Court of the Federal Court 'Viagra' decision) and other thigh slapping IP anecdotes -- is located HERE.  He may well be an antipodean Richard Posner.

Hat tip to Emma Page Campbell of ACMI for bringing the speech to my attention.

Nick Weston