AILA’s patron leaves the court

by Resolve Editor Kate Tilley

AILA’s patron, Chief Justice James Allsop, has retired.

AILA National President Cameron Roberts has paid tribute to CJ Allsop’s outstanding contribution to the law, particularly insurance law, and thanked him for his contribution as AILA’s inaugural patron.

“When I first presented a paper to the AILA National Board recommending AILA appoint a patron in 2017, I could not have hoped to have such a distinguished and committed professional fill that role,” Mr Roberts said.

“In my time as AILA National President from 2018 to date, I cannot recall a single occasion when CJ Allsop refused a request to present at an AILA event, including our annual Geoff Masel Lecture, national conferences and, most recently, the 2023 NSW annual general meeting.”

Mr Roberts said reaction to CJ Allsop’s presentations was universally positive. “All those present benefitted from his outstanding knowledge of insurance law and the issues facing the industry.”

Appeal Court president

CJ Allsop was president of the NSW Court of Appeal before he became the fourth Federal Court Chief Justice on 1 March 2013 until he turned the compulsory retirement age of 70 on 6 April 2023. 

CJ Allsop was named a Companion of the Order of Australia in the 2023 Australia Day Honours List and had been appointed an Officer of the Order of Australia in 2013.

He agreed to become AILA’s patron in 2018, nominated because of his role in developing the Federal Court’s specialist insurance list.

From 1981 to 2001, CJ Allsop practised at the bar in NSW and elsewhere in Australia. He was appointed a senior counsel in NSW in 1994 and Queen’s counsel in Western Australia in 1998.

From May 2001 to June 2008 he was a Federal Court judge before becoming President of the NSW Court of Appeal until his appointment as Federal Court Chief Justice.

From 1981 to 2014, CJ Allsop taught part-time at the University of Sydney as a tutor and lecturer in property, equity, bankruptcy, insolvency, corporate finance and maritime law. He has also taught maritime law at the University of Queensland.

Dense submissions

At his swearing in as Chief Justice, barrister Joe Catanzariti, speaking on behalf of the Law Council, said CJ Allsop, while at the NSW Appeal Court, had outlined exactly what was expected of litigants. “All are left in no doubt that your usual quiet voice can take on some menace when those expectations are not met.”

He advised counsel to heed one of CJ Allsop’s golden rules, which was: “Dense, turgid and structured written submissions turn sweet, gentle and humane judges into bad-tempered, rude enemies.” 

Michael Colbran KC, speaking on behalf of the Australian Bar Association, said CJ Allsop had been “restless and energetic in his efforts to shame or cajole Australian lawyers to increase their expertise in international commercial arbitrations”.

He said events had come full circle, as CJ Allsop had returned as head of the court where he once served as an associate to Sir Nigel Bowen. In the intervening years, he had distinguished himself both at the bar and on the bench. 

Legal principles

Phillip Boulten SC, speaking on behalf of the NSW Bar Association, said: “Your interaction with counsel and your judgements demonstrated a remarkable ability to distil and then act on proper legal principles, but with a rare degree of empathy for the people affected.”

He said many lawyers had learnt from CJ Allsop in court and “your devotion to legal education has continued unabated since your appointment to the bench”. 

Mr Boulten described CJ Allsop as one of the most outstanding judges in a generation. “Your intellectual energy engages everyone around you. You lift the game wherever you contribute.”

AILA has been privileged to have CJ Allsop serve as its patron for the past six years.