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The Adelaide Law Review at (Volume) 40: Reflections and Future Directions

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The Adelaide Law Review at (Volume) 40: Reflections and Future Directions Matthew Stubbs* THE ADELAIDE LAW REVIEW AT (VOLUME) 40: REFLECTIONS AND FUTURE DIRECTIONS I INTRODUCTION t is an enormous pleasure and privilege to introduce this special issue to mark the publication of volume 40 of the Adelaide Law Review. In the 59 years since Iits establishment in 1960, the Adelaide Law Review has become the pre-eminent home of legal scholarship in South Australia, and its alumni (consisting of former academic and student editors) have made remarkable contributions to the law not only in Adelaide but around Australia and the world. Every author contributing to this special issue has been involved with the Adelaide Law Review and Adelaide Law School. It is a testament to the impact of the Review, and the wonderful scholars who have been involved with it, that the authors of this volume include current and former judges of the International Court of Justice, High Court of Australia, Federal Court of Australia and Supreme Courts of South Australia and Queensland. As is well known, relationships between academia and the judiciary are not universally friendly.1 One of the important lessons of the con- tributions to this special issue is the ability of the Adelaide Law Review to continue to be of service to practitioners, judges and academics. The Review has been living proof of Lord Wilberforce’s observation that ‘no single strand in the tapestry of the law, however brilliant, can do without the support of others’.2 Indeed, the interac- tion between the scholarship published in the Review and the legal profession and judiciary is an essential aspect of the strength of the Review. The Review is also, of course, a quintessentially academic endeavour, and contributors to this special issue also include distinguished academics from leading law schools around Australia, North America and the United Kingdom. The diversity of authors and topics in this volume reflect the extensive scope of contemporary legal scholarship, and the ability of the Adelaide Law Review to address a great range of important legal matters. The theme for this special issue is ‘The Adelaide Law Review at (Volume) 40: Reflec- tions and Future Directions’. Our intent was to bring together diverse contributions which look back on the previous 39 volumes of the Review and look forward to the * Associate Professor and Associate Dean (Learning and Teaching), Adelaide Law School, University of Adelaide; Editor in Chief, Adelaide Law Review (since 2015); BFin, BEc, HonsLLB, GDLP, PhD (Adel). 1 See, eg, Frank Maher, ‘Ivory Towers and Concrete Castles: A Hundred Years War’ (1986) 15(4) Melbourne University Law Review 637. 2 Lord Wilberforce, ‘The Academics and Lord Denning’ (1985) 5(3) Oxford Journal of Legal Studies 439, 445. STUBBS — THE ADELAIDE LAW REVIEW AT (VOLUME) 40: 2 REFLECTIONS AND FUTURE DIRECTIONS next 40 volumes, the common link being that each contribution is situated in relation to the Adelaide Law Review. I hope all readers will find intellectual food for thought in the following pages. II A BRIEF HISTORY OF THE ADELAIDE LAW REVIEW IN THE WORDS OF ITS EDITORS There is no extant history of the Adelaide Law Review, and this piece does not attempt to offer a comprehensive story of the evolution of the Review.3 Nonetheless, on the occasion of the publication of its 40th volume, it is appropriate to reflect on the path of the Review. I do so here in the words of some of those who have been involved with the Review over its history. The Adelaide Law Review was established in 1960,4 during the Deanship of Norval Morris, as a joint project of Morris and Alex Castles, and with a student editorship. As the Honourable David Bleby QC, one of the early student editors,5 recounts the principal drivers of the publication were Norval Morris and Alex Castles – mainly the latter who was the consistent Faculty Adviser, at least for the first three years. The Editor and Assistant Editors were graduates of the previous year, having done most of the work on the Review during their final year. Other Committee members were spread over all years from second year onwards. I am unaware of the process of selection of the Editorial Board within the Faculty, but I am fairly sure that all were invited to hold their positions by Alex. Major contributors were either persons well-known by Alex, staff members, or practitioners who lectured at the time, I think mostly enlisted by Alex. I think there were few editorial decisions made by the students themselves without Faculty advice or assistance. The principal functions of those of us who were “Committee” members was to write case notes or notes on personal injury awards or legislation, and to prepare a draft index of the previous year’s edition. As Bleby notes, whilst in theory a student-run journal at its establishment, academic guidance was never far away. The Review formally ceased to be student-run and became faculty-run instead from volume 4(2) in 1972, although in practice this has 3 Very brief details can be found in: Alex Castles, Andrew Ligertwood and Peter Kelly (eds), Law on North Terrace 1883–1983 (Faculty of Law, University of Adelaide, 1983) 61; Victor Allen Edgeloe, ‘The Adelaide Law School 1883–1983’ (1983) 9(1) Adelaide Law Review 1, 37. 4 The first tranche of Australian university law journals were established in the period 1948–64: see Michael Blakeney, ‘The University of Western Australia Law Review — The First Seventy Years’ (2018) 43(1) University of Western Australia Law Review 1, 1. 5 LLB student 1959–1962, member of the Editorial Committee of the Review 1960–1963 (vols 1(2) –2(1)). (2019) 40 Adelaide Law Review 3 meant only that editorial decisions as to the selection of articles are managed by academic staff of the Adelaide Law School using a double-blind peer review process. Student editors remain the lifeblood of the Review, as the article by Isabella Dunning, Irene Nikoloudakis and Caitlyn Georgeson in this volume details. Emeritus Professor Horst Lücke AO, among the longest serving members of the academic staff of the Adelaide Law School,6 and a contributor to this special issue, recalls the establishment of the Review as one of Morris’ important reforms: Morris remodelled the Law Course and took three further important initiatives: he had Latin abolished as a prerequisite for legal studies, thus opening the Law School to a greatly enhanced influx of law students, he established theAdelaide Law Review and he set up the Committee for Continuing Legal Education. The initiator [of the Review] was Norval Morris, probably assisted by Alex Castles. … One of the great supporters of the Review was Commissioner John Portus who taught Industrial Law from 1961 to 1981. He donated all his fees to the Law School for the benefit of theLaw Review. … It would be nice if the generosity of John Portus could be recognised. For a time, the Adelaide Law Review issued each year a John Portus Prize for the author(s) of the best article. This tradition had fallen into disuse, but will be reintro- duced from 2019, to be awarded by the Student Editors of the Review at the end of each year to the author(s) of the best work published that year in the Review. Michael Harris, whose association with the Review spans service on the first editorial board as a student followed by extensive involvement as a long-time member of academic staff,7 has reflected on the significance of the establishment of the Adelaide Law Review to the development of the research reputation of Adelaide Law School: The creation and first publication in 1960 of a scholarly journal under the auspices of the Adelaide Law School was, in my view, the greatest contribution to the school’s emergence as a crucible of world legal excellence. Henceforth the high quality of legal scholarship, always nurtured in our school but not as well-known as it deserved, would be made manifest to the legal world at large. When I reflect on my association with the Adelaide Law School, first as student and later as teacher, two things I am proudest of are that I was a student member of the first editorial board of the Adelaide Law Review and thereafter served over many years as a faculty member and editor. Anthony Moore reflects on his involvement with the Adelaide Law Review from 1977–1981 and 1985–1994 elsewhere in this special issue, explaining how the Review has changed and grown in sophistication since its early days. He further 6 Academic staff Adelaide Law School 1959–1984; Emeritus Professor since 1984; Editor, Adelaide Law Review 1983. 7 LLB (Adel) and LLM (Adel) student 1959–1963; Member of academic staff 1964–1994. STUBBS — THE ADELAIDE LAW REVIEW AT (VOLUME) 40: 4 REFLECTIONS AND FUTURE DIRECTIONS highlights the value of the Review as a platform for the presentation of research, and the opportunities it provides for students to develop their legal writing and analytical skills. Emerita Professor Rosemary Owens AO,8 who with Emerita Professor Judith Gardam was Editor of the Review from 1995–1999, recalls this period in the life of the Review: As editors our aim was always to publish the highest quality material, and thereby to enhance the reputation of the [Adelaide Law Review] as one of the premier legal journals in Australia. Some of the noteworthy aspects to the way we approached our role: First and foremost, we were resolved to ensure that reviewers we selected were first rate scholars in the relevant fields, and that their advice was always followed.
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