Roddy Meagher
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Roderick Pitt Meagher (17 March 1932 – 3 July 2011), known as Roddy Meagher, was an Australian
jurist A jurist is a person with expert knowledge of law; someone who analyzes and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal education in law (a law degree) and often a Lawyer, legal prac ...
and judge.


Early years and education

Meagher was a cousin of the writer
Patrick White Patrick Victor Martindale White (28 May 1912 – 30 September 1990) was an Australian novelist and playwright who explored themes of religious experience, personal identity and the conflict between visionary individuals and a materialistic, co ...
. His family owned a chain of country stores. In 1949, Meagher was Dux of
St Ignatius' College, Riverview Saint Ignatius' College Riverview is an Australian independent single-sex primary and secondary day and boarding school for boys located in Riverview, a small suburb on the Lane Cove River on the Lower North Shore of Sydney. Established in ...
. Meagher graduated from the
University of Sydney The University of Sydney (USYD) is a public university, public research university in Sydney, Australia. Founded in 1850, it is the oldest university in both Australia and Oceania. One of Australia's six sandstone universities, it was one of the ...
with a first class degree in Greek and after a further four years' study at its
Law School A law school (also known as a law centre/center, college of law, or faculty of law) is an institution, professional school, or department of a college or university specializing in legal education, usually involved as part of a process for b ...
was awarded the University Medal and a first class law degree. He attended St John's College and was House President there in 1954–5 and, later, a member of its governing Council for many years. As a student he also served on the executive of the Sydney University Newman Society. In 1962, Meager married the Australian painter Elma Penelope Moss. His third cousin is a New South Wales Court of Appeal judge, Anthony John Meagher.


Legal career

Meagher was called to the NSW Bar in 1960. He lectured at the Faculty of Law at Sydney University within the same year. After taking Silk, Justice Meagher served as President of the New South Wales Bar Association from 1979 to 1981. Meagher was a Justice of the
NSW Supreme Court The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court ...
and the
Court of Appeal of New South Wales The New South Wales Court of Appeal, part of the Supreme Court of New South Wales, is the highest court for civil law (common law), civil matters and has appellate jurisdiction in the Australian state of New South Wales. Jurisdiction The Court o ...
from 1989 to 15 March 2004. He served as a patron to the
Macquarie University Macquarie University ( ) is a Public university, public research university in Sydney, New South Wales, Australia. Founded in 1964 by the New South Wales Government, it was the third university to be established in the Sydney metropolitan area. ...
's ''Macquarie Journal of Business Law''. He died on 3 July 2011 at the age of 79.


Publications

With
William Gummow William Montague Charles Gummow (born 9 October 1942) is a former Justice of the High Court of Australia, the highest court in the Australian court hierarchy. He was appointed to the Court of Final Appeal of Hong Kong on 8 April 2013 as a non-p ...
he co-edited five editions of ''Jacobs on Trusts'' and again with Gummow and Lehane he co-authored '' Equity: Doctrines and Remedies'', the preeminent work on equity in Australia. Meagher has also made various contributions to ''
Quadrant Quadrant may refer to: Companies * Quadrant Cycle Company, 1899 manufacturers in Britain of the Quadrant motorcar * Quadrant (motorcycles), one of the earliest British motorcycle manufacturers, established in Birmingham in 1901 * Quadrant Privat ...
''. He was described by NSW Chief Justice
James Spigelman James Jacob Spigelman (born 1 January 1946) is a former Australian judge who served as Chief Justice of New South Wales from 1998 to 2011, and also as Lieutenant-Governor of New South Wales from 1998 to 2012. He served on the Court of Final ...
as "one of the intellectual giants of our legal history". Meagher wrote ''Portraits on Yellow Paper'', with illustrations by Simon Fieldhouse. It is his satirical descriptions of friends and colleagues, including
Edmund Capon Edmund George Capon (11 June 1940 – 13 March 2019) was an art scholar specialising in Chinese art. He was director of the Art Gallery of New South Wales from 1978 to 2011. He was also the chair of soccer club Sydney FC from 2006 to 2007. E ...
, Ross Edwards,
John Howard John Winston Howard (born 26 July 1939) is an Australian former politician who served as the 25th prime minister of Australia from 1996 to 2007. He held office as leader of the Liberal Party of Australia. His eleven-year tenure as prime min ...
,
Margaret Olley Margaret Hannah Olley (24 June 192326 July 2011) was an Australian painter. She held over ninety solo exhibitions during her lifetime. Early life Margaret Olley was born in Lismore, New South Wales. She was the eldest of three children of J ...
and
Laurence Street Sir Laurence Whistler Street, (3 July 1926 – 21 June 2018) was the 14th Chief Justice of the Supreme Court of New South Wales and Lieutenant-Governor of New South Wales. He was the third generation of the Street family to serve in these vic ...
.


Honours

In 2000 the Senate of the University of Sydney conferred on Meagher—"scholar, lawyer, judge and individualist", as the citation to the Senate called him—the honorary degree of
Doctor of Laws A Doctor of Laws (LL.D.) is a doctoral degree in legal studies. The abbreviation LL.D. stands for ''Legum Doctor'', with the double “L” in the abbreviation referring to the early practice in the University of Cambridge to teach both canon law ...
(LLD). The Senate was invited to confer the degree on Meagher for his intellectual contributions to the law in particular, referring to the classic text ''Equity: Doctrines & Remedies'', of which Meagher was and remains co-author, as having helped reverse the general decline of equity jurisprudence: " at book has probably enjoyed greater esteem than any other Australian legal treatise, not only in universities but also with the Bench and Bar in this country, England and elsewhere. There is no equivalent to it in England, the United States or anywhere else". The citation also commended Meagher's service to
Sydney Law School Sydney Law School (informally Sydney Law or SLS) is the law school at the University of Sydney, Australia, Australia's oldest university. Sydney Law School began a full program of legal instruction in 1890 following the appointment of its first d ...
, in his capacity since 1960 as lecturer in Roman law and then Challis Lecturer in Equity, commenting that " s lectures were a constant source of inspiration, delight and guidance for generations of law students". In 2003 Meagher was awarded the St John's College Medal, by the Rector and Fellows, for his outstanding service to the college and to the people of New South Wales. The awarding of this medal is extremely rare. In 2005 Meagher was admitted as an Officer of the
Order of Australia The Order of Australia is an Australian honours and awards system, Australian honour that recognises Australian citizens and other persons for outstanding achievement and service. It was established on 14 February 1975 by Elizabeth II, Monarch ...
"for service to the judiciary, particularly judicial administration, to reform of the building and construction industry, and to the community through the Australian Naval Reserve and conservation and arts organisations.


Individual cases and incidents

* When
John Laws Richard John Sinclair Laws CBE (born 8 August 1935) is a retired Australian radio announcer who had a broadcasting career that spanned 71 years. His distinctive voice earned him the nickname ''Golden Tonsils''. Career Best known as a talkback ...
was fined $50,000 for using "gross and coarse" terms on the radio station
2UE 2UE is an all-music radio station in Sydney owned by Nine Entertainment and run under a lease agreement by Ace Radio. It currently broadcasts from its studios in Pyrmont, New South Wales. History 1920s 2EU Electrical Utilities applied to the P ...
, Justice Meagher dissented and called for a jail term, stating that $50,000 was the sort of money Laws would spend "on a small cocktail party." * Justice
Mary Gaudron Mary Genevieve Gaudron (born 5 January 1943) is an Australian lawyer and judge, who was the first female Justice of the High Court of Australia. She was the Solicitor-General of New South Wales from 1981 until 1987 before her appointment to t ...
, in a speech to the Women Lawyers Association of
New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...
, brought Meagher into controversy by deeming his comment that "The bar desperately needs more women barristers ecausethere are so many bad ones that people may say that women ... are hopeless by nature" as evidence of a brooding "wilfully unreconstructed" view of women in law. * He notably opposed the move of
Sydney University The University of Sydney (USYD) is a public university, public research university in Sydney, Australia. Founded in 1850, it is the oldest university in both Australia and Oceania. One of Australia's six sandstone universities, it was one of the ...
School of Law A law school (also known as a law centre/center, college of law, or faculty of law) is an institution, professional school, or department of a college or university specializing in legal education, usually involved as part of a process for bec ...
from the St James campus on
Phillip Street Phillip Street is a street in the central business district of Sydney in New South Wales, Australia. While the street runs from King Street in the south to Circular Quay in the north, the present street is effectively in two sections, separat ...
in the CBD to the Camperdown campus, saying, "As long as it was in the city, the school had lots of barristers and solicitors prepared to lecture there, but those people will not be prepared to struggle up to the University. There has never been a close inter-relationship between the professions and the academics in law ... There's a certain amount of co-operation at the moment but even that amount is going to vanish".


Criticism

Patrick Atiyah Patrick Selim Atiyah (5 March 1931 – 30 March 2018) was an English lawyer and legal scholar. He was best known for his work in the common law, particularly in the law of contract and for advocating reformation or abolition of the law of tort ( ...
has criticised Meagher's conservative view of legal doctrine in the ''
Law Quarterly Review The ''Law Quarterly Review'' is a peer-reviewed academic journal covering common law throughout the world. It was established in 1885 and is published by Sweet & Maxwell. It is one of the leading law journals in the United Kingdom. History Th ...
''. Some considered that Meagher was
misogynistic Misogyny () is hatred of, contempt for, or prejudice against women or girls. It is a form of sexism that can keep women at a lower social status than men, thus maintaining the social roles of patriarchy. Misogyny has been widely practis ...
and he was recipient of
Ernie Awards The Ernie Awards, or the Ernies, were Australian awards for comments deemed misogynistic. They were held annually from 1993 to 2022, being discontinued after that year. History They are named after former Australian Workers' Union secretary ...
for some of his comments, for example about
Germaine Greer Germaine Greer (; born 29 January 1939) is an Australian writer and feminist, regarded as one of the major voices of the second-wave feminism movement in the latter half of the 20th century. Specializing in English and women's literature, she ...
. However, others were of the view that he deliberately provoked controversy and had in fact supported many women's careers.


Legacy

Meagher was an avid collector of art and bequeathed his extensive collection of works to Sydney Law School. It included paintings by
Picasso Pablo Diego José Francisco de Paula Juan Nepomuceno María de los Remedios Cipriano de la Santísima Trinidad Ruiz y Picasso (25 October 1881 – 8 April 1973) was a Spanish painter, sculptor, printmaker, Ceramic art, ceramicist, and Scenic ...
,
Matisse Henri Émile Benoît Matisse (; 31 December 1869 – 3 November 1954) was a French visual arts, visual artist, known for both his use of colour and his fluid and original draughtsmanship. He was a drawing, draughtsman, printmaking, printmaker, ...
and Manet, as well as by Australian artists including
Roland Wakelin Roland Wakelin (17 April 1887 – 28 May 1971) was a New Zealand-born Australian painter and teacher. Early life Roland Shakespeare Wakelin was born on 17 April 1887 in Greytown, New Zealand, Greytown, New Zealand. He studied at Wellington Te ...
,
Margaret Preston Margaret Rose Preston (29 April 1875 – 28 May 1963) was an Australian painter, printmaker and writer on art who is regarded as one of Australia's leading modernists of the early 20th century. In her quest to foster an Australian "national ...
, and
Ian Fairweather Ian Fairweather (29 September 189120 May 1974) was a Scottish painter resident in Australia for much of his life. He combined Western and Asian influences in his work. Life Ian Fairweather was born in Bridge of Allan, Stirlingshire, Scotland i ...
.


Sources

*


References


External links


Compilation of speeches delivered by the Hon. Justice R P Meagher.
{{DEFAULTSORT:Meagher, Roddy 1932 births 2011 deaths Judges of the Supreme Court of New South Wales Australian King's Counsel People educated at Saint Ignatius' College, Riverview Officers of the Order of Australia