Experiences of coming to law: An Interview with Bob Brown on the Tasmanian wilderness society as client in the Tasmanian Dam Case

Abstract

While histories of law tend to examine the lawyers and judges involved through readings of the texts of transcripts and judgments, this contribution contextualises and presents a different and rarer artefact: the recollections of a client seeking to become part of a divisive, nationally significant case. The text here is a transcript that combines two interviews I conducted with Dr Bob Brown about his experience as head of the Tasmanian Wilderness Society when it sought to appear as amicus curiae before the High Court in the Tasmanian Dam Case. As an historical artefact, this interview tells a story of coming to law: Brown's recollections and explanation of the Wilderness Society's aims, expectations and experience before, during and after the matter. This contribution contextualises and presents the interview. To conclude, it suggests that among many readings of this text, it can be usefully read as a story about legalism; here, the encounter and disjuncture between environmental values and legal form.

Notes

¹ Commonwealth v Tasmania (1983) 158 CLR 1.

² Bob Brown, Interview recorded in Melbourne (28 June 2013) and Bob Brown, Interview recorded in Melbourne (12 September 2014).

³ It was conducted with the intention of publishing it in a piece on the symposium for the Melbourne Law School’s High Court Blog, Opinions on High: see Martin Clark, ‘Remembering the Tasmanian Dam Case’ (24 July 2013) http://blogs.unimelb.edu.au/opinionsonhigh/2013/07/24/clark-tasmanian-dam/

⁴ On the Lake Pedder litigation, see Lindgren (1996) p 270.

⁵ Tasmanian Wilderness Society Inc v Fraser (1982) 153 CLR 270.

⁶ See ‘SM Dismisses Dams Trespass Case’ The Canberra Times (3 February 1983). Police later dropped the remaining charges on the basis that the costs of proving each case would far outweigh the fines reaped: ‘Charges against Dam Protesters Dropped’ The Canberra Times (14 May 1983).

⁷ The entire transcript of proceedings was recently made available on Austlii: see http://www.austlii.edu.au/au/other/HCATrans/1983/. Michael Black’s submissions are contained in Commonwealth v Tasmania [1983] HCATrans 28 (10 June 1983).

⁸ Shklar (1964) p 1.

⁹ Shklar (1964) pp vii–viii.

¹⁰ Commonwealth v Tasmania [1983] HCATrans 28 (10 June 1983) at 737. See also Black (2015), in this issue.

¹¹ See Black (2015), in this issue.

¹² Commonwealth v Tasmania [1983] HCATrans 28 (10 June 1983) at 737–738.