Living in the shadows of Dixon: Isaac Isaacs contribution to the development of an Australian law of tort

Abstract

It is widely accepted that Sir Owen Dixon was Australia's most significant judge of the first half of the twentieth century. While not challenging the strengths of Dixon's judicial method, it will be argued in this paper that an earlier member of the High Court, Sir Isaac Isaacs, made a more explicit contribution to the development of at least one aspect of private law, the law of tort, during his time on the bench. Although not as explicit as Sir Samuel Griffith in recognising Australia's differences from England, Isaacs contributed innovative and thoughtful contributions to a common law that was seen as belonging as much to Australia as it did to England.