"Anomalous occurrences in unusual circumstances"? Extra-judicial activity by High Court justices: 1903 to 1945

Abstract

The conventional wisdom is that, with some important exceptions, the justices of the High Court of Australia have generally refrained from extra-judicial work. This has been to preserve their independence from government, in particular by avoiding association with political matters. This article, however, challenges this dominant reading of the historical record. Focusing on formal assignments outside the courtroom � such as service by High Court justices as Royal Commissioners, on other executive bodies, or in diplomatic roles � it argues that when the court�s first 40 years are considered, there is evidence of a more substantial history of participation by its members in outside work than is frequently acknowledged. In advancing this viewpoint, the article shines a light on several largely forgotten instances of extra-judicial service by members of the court in its formative decades. It also explores some of the factors shaping the early court�s engagement in such work and the contrast with High Court practice today