Mark Lunney, A History of Australian Tort Law 1901–1945

A common assumption of the historical development of Australian private law is its deference to the English common law tradition. The Australian judiciary’s submission to English case law has been axiomatic in understanding the development of Australian tort law, at least for the first half of the twentieth century. Mark Lunney challenges this dominant narrative and explores this rather neglected area in the history of Australian tort law. The book is a superb Australian counterpart to Paul Mitchell’s A History of Tort Law 1900–1950, which is focused roughly on the same period in the English jurisdiction. The book argues that Australian contributions to the common law must take into consideration the unique cultural, intellectual and geographical milieu of Australia from the Federation of Australia in 1901 to the end of World War II in 1945. The time period reflects the emergence of Australian nationhood during a period when the Australian judiciary had to find its voice and identity within the British Empire. Lunney is careful not to overstate any notion of Australian exceptionalism, since Australian tort law was significantly influenced by English decisions and the Australian judiciary did not engage in outright conflict with English precedents. However, it was not uncommon for Australian judges situated in the Antipodes to deviate or to set new precedents distinct from mother England.

Common law · English law · Jurisdiction · Legal history · Narrative · Political science · Servant · Sociology · Tort · History · Law · Law in Society and Culture · Legal principles and applications