Ceremonial - Tribute to the Late James D Merralls AM QC [2016] HCATrans 227 (4 October 2016)

Last Updated: 17 October 2016

Replacement Transcript

[2016] HCATrans 227

H I G H C O U R T O F A U S T R A L I A

TRIBUTE

TO

THE LATE JAMES D MERRALLS AM QC

AT

CANBERRA

ON

TUESDAY, 4 OCTOBER 2016, AT 2.15 PM

FRENCH CJ: The Court wishes to take this opportunity, at the commencement of its October sittings, to pay tribute to the life and work of James D Merralls AM QC, who made an unsurpassed contribution over decades to the publication of the Court’s judgments, to the legal profession, the academy and the wider Australian community.

James Merralls was born on 16 October 1936 in Canberra. He was educated at King’s School, Parramatta, and later at Melbourne Grammar School. He enrolled in law at Melbourne University in 1954, and graduated with Honours and numerous awards in 1960. He was one of the founding members of the editorial board of the Melbourne University Law Review.

He signed the Victorian Bar roll in April 1960. In that year, he commenced his association with the Commonwealth Law Reports when he was appointed as one of the reporters. His name first appeared in volume 103. In the same year he commenced service, which he continued until 1961, as associate to the then Chief Justice of the High Court, Sir Owen Dixon.

In May 1969, James Merralls became the editor of the Commonwealth Law Reports, an office he retained until his death earlier this year. When he began as editor, there was a large backlog of cases awaiting report. He found tea chests containing transcripts of arguments and judgments in more than 100 cases. The backlog was cleared, publication times shortened, and the utility of the headnotes enhanced.

James Merralls’ long-term commitment to the editorial task has been acknowledged over the decades by leading practitioners and judges. Sir Anthony Mason, in a foreword to volume 180 of the Reports, containing previously unreported cases which had subsequently acquired greater significance, observed of James Merralls that he had provided “more than just the string to bind this historical collection of cases . . . He is largely responsible for the very high standard we have come to expect of the Reports”.

Chief Justice Murray Gleeson, in a foreword to volume 200 of the Commonwealth Law Reports, warmly repeated Sir Anthony Mason’s tributes, adding “Mr Merralls has made an invaluable contribution to the Australian judiciary, the legal profession, law teachers, and all users of the Reports”. In 1999, James Merralls was made a Member of the Order of Australia “for services to the judiciary and to the legal profession as the editor of the Commonwealth Law Reports”.

It should not be thought that James Merralls’ career was defined by his editorship. He was a leading counsel in this Court and other Australian courts in a number of fields including equity, taxation, administrative law and intellectual property law. There are 48 cases reported in the Commonwealth Law Reports in which he appeared, in the majority of them as leader.

In 2013, James Merralls was awarded an Honorary Doctorate in Laws by Melbourne University. In 2014, the James Merralls Visiting Fellowship in Law was established by the University and launched by the Honourable Michael McHugh AC QC, a former Justice of this Court.

The Court marks its sadness at the passing of a fine Australian lawyer who practised his profession at the highest levels, and gave unstintingly of his time and talents in the public interest. We extend our deepest sympathy to his wife, Rosemary, and to their children, Nora and James.

AT 2.19 PM THE MATTER WAS CONCLUDED