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Chief Justice Stephen Gageler’s recent inaugural Sugerman Lecture was both a centenary reflection and a challenge: the rule of law is sustained not by institutions alone, but by lawyers who recognise responsibilities extending beyond the immediate interests of a client, writes Nathan Buck.
I left the inaugural Australian Law Journal Sugerman Lecture, held earlier this month, edified and energised. Delivered in the Banco Court of the Supreme Court of NSW to mark the Journal’s centenary, Chief Justice Stephen Gageler’s address, Reclaiming the Founding Vision, urged lawyers to renew the profession’s public purpose.
His Honour traced the founding of the Australian Law Journal in 1927, the Law Council of Australia in 1933, and the first Australian Legal Convention in 1935 to a common project: building a national profession united by high standards, uniform law, and values, and commitment to law reform and the community. Although the Law Council is our national body formally tasked to carry out these roles on our behalf, the vision was for individual practitioners to commit to them in our professional and civic lives.
A founding vision awaiting fulfilment
His Honour lamented that this vision is unfulfilled. He noted it was particularly important in 1927–35 when these institutions were established, at a time of authoritarianism in Germany, Russia, and Italy, and that we are not immune from this threat today. His Honour quoted John Latham, then Attorney-General and later Chief Justice, who said in 1935: “[t]he effective protection of the rights of the citizens depends very largely upon the existence of a body of lawyers who are independent, honourable, capable and fearless.”
I was reminded that democratic institutions are again under pressure in many parts of the world. Public confidence is fragile; corruption and disregard for legal constraint can become normalised; and digital platforms can amplify misinformation and extremism. Lawyers should not assume that Australia’s liberal democracy is immune.
Privilege and responsibility
His Honour noted we are a profession of about 100,000 people, of a national population of 28 million, in a global population of 8 billion. Australian practitioners are in a privileged position in a functioning liberal democracy and have a role to play in maintaining it here and abroad. We understand how institutions operate, how power is constrained and how rights are vindicated. That privilege has a corresponding role to help maintain those institutions.
The Law Council’s inaugural John Emerson AM Oration in 2019 dealt with similar themes. Entitled Lawyers and their influence under the public spotlight, its premise was that Royal Commissions and changing community expectations were pushing the profession towards a broader conception of responsibility. As we approach the Law Council’s centenary in 2033, there is a good chance these themes will be revisited then, meaning now is an opportune time to start getting involved.
To this end, the Journal will publish up to five articles by practitioners aged 30 or under, with a shared prize pool of $10,000. The articles must address Australian law, or international law as it relates to Australia, and should offer original, rigorous analysis for a generalist legal readership.
The Law Council’s federal structure provides another route to participation through its constituent bodies, including state and territory law societies and bar associations. For most practitioners, the immediate opportunities are straightforward: join a committee, respond to a consultation, contribute to a submission or support public legal education.
Interesting times, increased opportunities
Practitioners who take up the Chief Justice’s call may be doubly rewarded. As AI increasingly performs the technical part of our jobs better than us, our value increasingly lies in understanding of our role in society, our compliance with our ethical codes and the strict accountability for our compliance with these codes. Accountability cannot be delegated to a machine.
Legal and ethical governance of AI, together with faster-paced law reform, may also be growth areas for legal work in a shrinking market.
We are living through an AI revolution of immense scale while still grappling with many of the challenges of the digital age, declining institutional trust and renewed threats to the rule of law. Our experience conjures the apocryphal “may you live in interesting times”, thought to be a Chinese curse.
But troubled times also create genuine opportunities. Lawyers are well-placed to meet them by leaning into professional ethics and public responsibility. His Honour’s centenary address was a timely reminder that we are not merely technical advisers, but custodians of professional standards, the rule of law and the institutions of liberal democracy.
Nathan Buck is a partner at Kennedys. The full text of the inaugural Sugarman Lecture can be viewed on the High Court of Australia’s website.
