Three. That was the number of Attorneys practising in Melbourne when Charles Joseph Latrobe arrived in the Port Phillip colony in 1839. The legal infrastructure of the colony was similarly scant. It included a Police Magistrate, a civil magistrate, mounted police, two justices of the peace, a police court, a gaoler, a flagellator, two clerks of court but no dedicated court-house. That was it for a population of 5,822. When Latrobe left in 1854, some 15 years later, the scene was quite different. The now independent colony of Victoria had seen 186 attorneys/solicitors and 63 barristers admitted to practise in that period. There was also a substantial Supreme Court building (and bluestone gaol) with three justices (including a Chief Justice) who had the capacity to hear and interpret the new Victorian statute book. There were also the stirrings of an organised legal profession. The rule of law had been firmly established.
So, what can we say about the evolution of Victoria’s legal system during Latrobe’s time? What prompted its start, who were the key personalities and what were key moments?
Leading legal scholar, Dr Simon Smith AM FRHSV, will be addressing the above questions when he delivers the 2021 AGL Shaw Lecture which forms part of the RHSV’s Distinguished Lecture series. This lecture is jointly presented by the C. J. La Trobe Society and the RHSV and is always a convivial and lavishly-catered evening. The event will be held in the RHSV’s Gallery Downstairs which is totally accessible and does not involve any stairs.
Simon Smith is an Adjunct Professor with the Sir Zelman Cowen Centre at Victoria University. He is also a leading legal history scholar and a Fellow of the Royal Historical Society of Victoria (RHSV). He was Vice-President of the RHSV in 2009-2011. In 2016 he edited Judging for the People: A Social History of the Supreme Court in Victoria 1841-2016.
His other recent published works include Solicitors and the Law Institute In Victoria 1835-2019: Pathway To A Respected Profession which was commended in the Victorian Community History Awards, Barristers Solicitors Pettifoggers: Profiles in Australian Colonial Legal History (2014) and Maverick Litigants: A History of Vexatious Litigants in Australia 1930-2008 (2009).
As a Monash University law undergraduate in the 1970s, Simon helped establish Australia’s first community legal centre, the Springvale Legal Service. In that context he was a founding editor of a leading practice text, the Lawyers Practice Manual (Vic). After completing his legal training in Oxford, he was admitted to practice in 1975. In 1978 he became the first full-time clinical legal education academic in Australia, based at Springvale.
Through that clinical programme, for a decade, he helped introduce Monash undergraduates to the practice of law in a supervised poverty law setting. Over 40 years of that programme, the power of ‘first impressions’ on those future practitioners has contributed to the better practice of law in Australia.
In the 1980s, Simon was a pioneer in alternative dispute resolution and was the first Ombudsman in the Australian financial services sector. In 1991 he helped establish the Society of Consumer Affairs Professionals in Business (SOCAP). He was President in 1996. Later he was Senior Counsel with a top-500 insurance company and a curator of the nationally significant insurance archive, the Suncorp Insurance Archive, now in the hands of the State Library of Victoria.
Simon holds the degrees of B Juris. LL M and PhD from Monash University. In the 2019 Australia Day honours he was appointed a Member of the Order of Australia for significant service to the law particularly in consumer affairs, to higher education, and to history.
RHSV members please note the later than usual start time for this event.