Justice Alfred Lutwyche and the early supreme court

Article


Nugent, Timothy. 2023. "Justice Alfred Lutwyche and the early supreme court ." Queensland History Journal. 25 (7), pp. 575-588.
Article Title

Justice Alfred Lutwyche and the early supreme court

ERA Journal ID41986
Article CategoryArticle
AuthorsNugent, Timothy
Journal TitleQueensland History Journal
Journal Citation25 (7), pp. 575-588
Year2023
PublisherRoyal Historical Society of Queensland
Place of PublicationAustralia
ISSN1447-1345
1836-5477
Web Address (URL)https://search.informit.org/doi/epdf/10.3316/informit.335587091577624
Abstract

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.

KeywordsSupreme Court; Queensland legal system
ANZSRC Field of Research 2020500202. History and philosophy of law and justice
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Byline AffiliationsSchool of Law and Justice
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