From Parker to the Australia Acts: Sir Victor Windeyer and the Short-Lived Triumph of the Independent Australian Britons

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Abstract

In 1986, the last vestiges of Australia’s imperial common law past was
eradicated by the passage through the Commonwealth, State and
Westminster Parliaments of the Australia Acts.1 Eminent judges noted
the sense of liberation that this legislation provided.2 On its face,
however, this sense of throwing off the imperial yoke is difficult to
understand. Whatever the formal limitations that were removed by the
Australia Acts, Australian courts had, since the end of the Second
World War, been increasingly free to mould the common law to meet distinctly Australian conditions. In this sense, there is more continuity
with the past than those who see 1986 as a liberation acknowledge.
Original languageEnglish
Pages (from-to)61-99
Number of pages38
JournalCurrent Legal Problems
Volume74
Publication statusPublished - 1 Aug 2021

Keywords

  • Tort Law
  • Legal History
  • Australia
  • Empire

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