Justice Alfred Lutwyche and the early supreme court

Justice Alfred Lutwyche and the early supreme court

This article studies the contribution to the Queensland legal system of Alfred Lutwyche, the first judge of the Queensland Supreme Court. It considers his relationship with Sir James Cockle and examines the claim that Cockle's influence was instrumental in quelling the conflict between Lutwyche and his supporters, and the Herbert ministry. The article concurs with assessments of Lutwyche as a man of the people, who would not have been easily persuaded to give up his voice in political matters. It thus considers the hypothesis that Lutwyche continued to issue his political views anonymously in Theophilus Pugh's publications. Part one provides a summary of the formation of the Queensland Supreme Court. Part two considers Lutwyche's pre-judicial life, including an examination of his writings on the wreck of the Meridian. Part three discusses Lutwyche's tenure as sole judge of the Queensland Supreme Court, culminating in a conflict between Lutwyche and the Herbert ministry as to the right of judges to issue political comments as private citizens and the legitimacy of the first Queensland election. Part four discusses how Cockle's appointment as second (and Chief) Justice ameliorated this conflict, achieving an uneasy peace between the branches of power in colonial Queensland.

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