Justin Gleeson SC, Solicitor-General of the Commonwealth
General
Justin Gleeson SC is the Solicitor-General of the Commonwealth of Australia. He was
formerly a barrister practising at the NSW Bar and founding head of Banco Chambers in
Sydney. He graduated from Sydney University with a Bachelor of Arts (BA) in 1981 and a
Bachelor of Laws (LLB) with Honours and the University Medal in 1983, and subsequently
from the University of Oxford with a Bachelor of Civil Law (BCL) in 1985. He was called to
the Bar in 1989 and took Silk in 2000.
As Solicitor-General, he appears as counsel for the Commonwealth and related entities,
particularly in international courts and tribunals and in the High Court of Australia, and
provides opinions on questions of law on referral from the Attorney-General.
He is an Australian member of the Permanent Court of Arbitration (PCA) in The Hague.
Recent Court Appearances
International
Whaling in the Antarctic (Australia v Japan), International Court of Justice, Judgment
31 March 2014.
Questions relating to the Seizure and Detention of Certain Documents and Data (Timor-Leste
v Australia), Request for Indication of Provisional Measures, International Court of Justice,
Order 3 March 2014.
Timor-Leste v Australia (Timor Sea Treaty), ongoing PCA arbitration.
Philip Morris Asia Ltd v Australia (Tobacco Plain Packaging laws), ongoing PCA
arbitration.
High Court of Australia
2012
TCL Airconditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia
(2013) 251 CLR 533, constitutional validity of the International Arbitration Act 1974 (Cth).
Maloney v The Queen (2013) 252 CLR 168, validity under the Racial Discrimination Act
1975 (Cth) of Queensland measure restricting alcohol in indigenous communities.
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Assistant Commissioner Condon v Pompano Pty Ltd (2013) 252 CLR 38, constitutional
validity of provisions of the Criminal Organisation Act 2009 (Qld).
2013
Fortescue Metals Group Ltd v The Commonwealth of Australia (2013) 250 CLR 548,
constitutional validity of the minerals resource rent tax.
Magaming v The Queen (2013) 252 CLR 381, constitutional validity of mandatory minimum
detention.
Commonwealth v Australian Capital Territory (2013) 250 CLR 441, constitutional validity of
same-sex marriage law.
Leo Akiba on behalf of the Torres Strait Regional Seas Claim Group v Commonwealth of
Australia (2013) 250 CLR 209, extinguishment of native title right to take fish and other
aquatic resources in the Torres Strait.
New South Wales v Kable (2013) 252 CLR 118, validity of a detention order made by the
NSW Supreme Court under legislation later held to be invalid.
Plaintiff M76/2013 v Minister for Immigration and Citizenship (2013) 251 CLR 322, whether
the Migration Act 1958 (Cth) authorised the continued detention of an unlawful non-citizen
including where prospects of removal to another country were low.
Plaintiff M79/2012 v Minister for Immigration and Citizenship (2013) 252 CLR 336, power
of Minister to grant visa of particular class.
Kline v Official Secretary to the Governor-General (2013) 249 CLR 645, access to
documents held by the Governor-General relating to the making of official Australian
awards.
Comcare v PVWY (2013) 250 CLR 246, scope of compensation for employee injury away
from workplace.
Director of Public Prosecutions (Commonwealth) v Keating (2013) 248 CLR 459, whether
social security legislation retrospectively imposed a duty on a recipient of payments under the
legislation to inform Centrelink of increases in income.
Minister of Immigration and Citizenship v Li (2013) 249 CLR 332, principle of
unreasonableness in administrative law.
Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR
640, application of misleading and deceptive provisions of consumer protection law.
Commonwealth Minister for Justice v Adamas (2013) 253 CLR 43, validity of extradition
from Australia.
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2014
Australian Electoral Commission v Johnston (2014) 251 CLR 463, validity of Western
Australian Senate Election.
Attorney-General for the Northern Territory v Emmerson (2014) 307 ALR 174, constitutional
validity of civil forfeiture laws.
Williams v Commonwealth of Australia (No 2) (2014) 252 CLR 416, constitutional validity of
remedial legislation following Williams v Commonwealth of Australia (2012) 248 CLR 156.
Plaintiff S-156 v Minister for Immigration and Border Protection (2014) 309 ALR 29,
constitutional and statutory validity of designation of PNG as a regional processing centre.
Howard v Commissioner of Taxation (2014) 253 CLR 83, whether equitable compensation
received by a company director was held on trust for the company and whether part of the
director’s assessable income.
Wellington Capital v ASIC (2014) 314 ALR 211, compulsory exercise of powers under
managed investment scheme.
Kuczborski v State of Queensland, (2014) 314 ALR 528, constitutional validity of the Vicious
Lawless Association Disestablishment Act 2013 (Qld).
Theiss v Collector of Customs (2014) 250 CLR 664, recovery of overpayment of customs
duty.
CPCF v Minister for Immigration and Border Protection, (2015) 316 ALR 1, whether
Maritime Powers Act 2013 (Cth) or the executive power of the Commonwealth authorised
the detention on board an Australian vessel of the plaintiff and the taking of the plaintiff to
another country.
State of Queensland v Tom Congoo on behalf of the Bar-Barrum People No 4
(2015) 89 ALJR 538, whether Commonwealth military orders in WWII taking possession of
certain land extinguished native title in those areas.
Australian Communications and Media Authority v Today FM (Sydney) (2015) 317 ALR
279, constitutional validity of provision of the Broadcasting Services Act 1992 (Cth) allowing
ACMA to find that a licence holder has breached a condition of their licence on the basis of a
finding of the commission of an offence.
Commissioner of the Australian Federal Police v Zhao, (2015) 316 ALR 378, proper test for
a stay of civil forfeiture proceedings, where subject matter overlapped with parallel criminal
proceedings.
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2015
CEPU v Queensland Rail (2015) 318 ALR 1, meaning of concept of constitutional
corporation.
Queensland Nickel Pty Limited v Commonwealth (2015) 318 ALR 182, constitutional validity
of certain provisions of the Commonwealth Clean Energy legislation governing nickel
producers.
Duncan v New South Wales; NuCoal Resources Limited v NSW; Cascade Coal Ltd v NSW
(2015) 89 ALJR 462, whether NSW Act cancelling licences following ICAC finding
constituted exercise of judicial power and, if so, whether NSW Parliament can exercise such
power.
AstraZeneca AB v Apotex Pty Ltd; AstraZeneca AB v Watson Pharma Pty Ltd; AstraZeneca
AB v Ascent Pharma Pty Ltd [2015] HCATrans 106 and 107, heard on 13-14 May 2015,
correct test to apply when considering the obviousness/inventive step of a claimed patent
under the Patents Act 1990.
McCloy & Ors v New South Wales [2015] HCATrans 141 and 142, heard on 10-11 June
2015, constitutional validity of NSW legislation making it unlawful for certain classes of
people (property developers) to make political donations.
Other Courts
Director, Fair Work Building Industry Inspectorate v CFMEU (2015) 105 ACSR 403; [2015]
FCAFC 59, whether principles from High Court’s decision in Barbaro v The Queen (2014)
253 CLR 58 apply in civil penalty proceedings.
R v OC [2015] NSWCCA 212, whether the Australian Securities and Investments
Commission Act 2001 (Cth) allows for ASIC to provide transcripts of compulsory
examinations to the Commonwealth Director of Public Prosecutions for the purposes of
commencing and continuing prosecutions.
Apotex Pty Ltd v Sanofi-Aventis; Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth (Full
Federal Court), heard on 3 June 2015, whether provisions of the Therapeutic Goods Act 1989
constitute a statutory code for the claiming of damages following interlocutory injunctions,
preventing the Commonwealth from claiming against the usual undertaking as to damages.
Recent speeches and addresses
2013
Keynote address: “Launch of the Government Legal Network”, High Court of Australia, 28
February 2013.
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Keynote address: “An Australian Perspective on International Commercial Arbitration: The
Challenges and Opportunities”, Hague Conference on Private International Law Conference
at Wuhan University, China, 23 September 2013.
“Getting the Balance Right: Proportionality and the Constitution”, paper delivered to the
AGS Constitutional Law Forum, 22 November 2013.
2014
“The Role of the Solicitor-General and key perspectives and issues facing the
Commonwealth”, speech delivered to Clayton Utz Government Leaders Forum, National
Gallery Canberra, 25 February 2014.
“The Role of the Solicitor-General”, speech delivered to Seven Wentworth Chambers,
Sydney, 27 February 2014.
Commentary on the paper by Prof Gummow – “Rationality and reasonableness as grounds
of review”, paper presented to the Federal Court of Australia conference “Administrative
Justice and its Availability”, 28-29 August 2014.
“(Un)reasonableness and (Dis)proportionality: the constitutional underpinnings of one
important aspect of the relationship between the Courts and the Parliament/Executive”,
paper presented to the Public Law Conference, University of Cambridge, 15-17 September
2014.
Seminar paper on “Chapter II of the Constitution” given to the NSW Bar Association (jointly
with Anna Mitchelmore), 28 October 2014.
Paper presented on “(Un)reasonableness and Minister for Immigration v Li: observations
and implications for practitioners” at the Australian Government Solicitor Administrative
Law Forum, 6 November 2014.
Panel speaker on “Investor-State Dispute Resolution: The looking glass view”, Law Council
of Australia/Australian Centre for International Commercial Arbitration Conference,
13 November 2014.
Address given on “International Law and the Work of the Solicitor-General”, at the
Attorney-General’s Department International Law Colloquium, 28 November 2014.
2015
Sir Maurice Byers Lecture “International Law and the Australian Constitution” NSW Bar
Association 23 April 2015 (to be published in the Australian Bar Review).
After dinner speech on the ICJ Whaling Case at the NSW Land and Environment Court
Annual Conference 28 May 2015.
Presentation to ANU Law Masters Course, session entitled “Constitutional Power Over
International Affairs” 12 June 2015.
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Paper presented on the Full Federal Court’s decision in Director, Fairwork Building Industry
Inspectorate v CFMEU, to the Australian Government Solicitor Civil Penalty Forum for
Commonwealth Regulators 25 June 2015.
Upcoming Speeches and Addresses
Speaking at the 2015 Australian Academy of Forensic Sciences on “Improving legal
responses in civil and/or criminal proceedings” 18 November 2015.
Speaking at the 2015 Australian Government Solicitor Constitutional Law Forum 13
November 2015.
Recent books and publications
Rediscovering Rhetoric - Law, Language and the Practice of Persuasion Federation Press,
co-editor with Dr R Higgins, 2008.
“The Role of the Executor in the context of pre-emptive rights provisions” co-author with
Mr M Elliott, (2008) ALJR 392.
“Dissolving Fictions – what to do with the implied indemnity”, co-author with Mr N Owens,
(2009) JCL 135.
“Spry’s case – Exploring the Boundaries of Discretionary Trusts” (2010) 84 ALJR 177.
A Federal Human Rights Act – What implications for the States and Territories?” (2010)
33(1) UNSWLJ 110.
Constituting Law - Legal Argument and Social Values, Federation Press, co-editor with Dr R
Higgins, 2011.
Historical Foundations of Australian Law (Vol 1 Institutions, Concepts and Personalities;
Vol 2 Commercial Common Law), Federation Press, co-editor, 2013.
“What’s left of Cole v Whitfield” (2013) 24 PLR 97.
Religion and Public Reason: Vol 5 – An Appreciation looking back to 1984” in
Jurisprudence as Practical Reason: A Celebration of the Collected Essays of John Finnis,
Queensland Supreme Court Library, 2013.
“TCL Airconditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia”,
The ACICA News June 2013, 17.
International Commercial Law and Arbitration Perspectives: Commentary on paper by
Professor Luke Nottage, The University of Sydney, 2014.
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“Taking stock after Li: A comment on Professor Gummow’s ‘Rationality and Reasonableness
as Grounds for Review’” in “Administrative Justice and its Availability”, Federation Press
2015.
“The Rule of Law and the Crown” in Hinton and Williams (eds), The Crown (forthcoming),
co-author with Ms C Winnett.
“Economic Union” in Saunders and Stone (eds), Oxford Handbook of the Australian
Constitution (forthcoming).
Other Interests
Justin Gleeson’s interests outside the practice of law include classics, rhetoric, philosophy,
legal history, and history generally.
Current: 18 August 2015
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