James Edelman

James Joshua Edelman (born 9 January 1974)[1] has been a justice of the High Court of Australia since 30 January 2017, and is a former justice of the Federal Court of Australia and the Supreme Court of Western Australia. He is noted for his various achievements at a young age, including becoming a professor at Oxford University before the age of 35 and a justice of the Supreme Court of Western Australia before the age of 40.[2] He was 43 years old upon commencing his appointment on the High Court and is eligible to continue until reaching the constitutionally required retirement age of 70 in 2044.[3]


James Edelman
Justice of the High Court of Australia
Assumed office
30 January 2017
Nominated byMalcolm Turnbull
Appointed byPeter Cosgrove
Preceded bySusan Kiefel
Justice of the Federal Court of Australia
In office
20 April 2015 – 29 January 2017
Appointed byPeter Cosgrove
Preceded byPeter Jacobson
Justice of the Supreme Court of Western Australia
In office
22 July 2011 – 19 April 2015
Appointed byChristian Porter
Preceded byPeter Blaxell
Succeeded byPeter Martino
Personal details
Born
James Joshua Edelman

(1974-01-09) 9 January 1974 (age 46)
Perth, Western Australia
NationalityAustralian
Alma materUniversity of Western Australia
Murdoch University
Magdalen College, Oxford

EducationEdit

Edelman completed high school at Scotch College in Perth, Western Australia.[2] He completed bachelor's degrees in Economics (1995) and Law (first class honours, 1996) at the University of Western Australia and a Bachelor of Commerce (1997) at Murdoch University.[2]

He was awarded a Rhodes Scholarship in 1998 and completed a doctorate at Magdalen College, University of Oxford in 2001.[4]

CareerEdit

LegalEdit

Edelman was admitted to practice in the Supreme Court of Western Australia in 1998 after serving as an associate to Justice John Toohey in the High Court of Australia in 1997 and completing an articled clerkship at Blake Dawson Waldron.[4] He was a member of the Chambers of Malcolm McCusker QC from 2001 until his appointment as a justice in 2011.[5]

Edelman was called to the English bar in 2008[4] and was a member of One Essex Court chambers.[5]

AcademicEdit

Edelman became a tutor at Keble College, Oxford, in 2005.[6]

Following his appointment to the Supreme Court, Edelman continued to teach as an Adjunct Professor at the University of Queensland and University of Western Australia, as well as holding the honorary position of Conjoint Professor at the University of New South Wales.[1]

Edelman is also a patron and former editor of the Oxford University Commonwealth Law Journal.[6]

Edelman has been noted as having a "prodigious" record of publications. At the time of his appointment to the Supreme Court, his publications included six books and more than 80 articles, reviews, and notes.[4]

JudicialEdit

Edelman was appointed to the Supreme Court of Western Australia in April 2011 following the retirement of Justice Peter Blaxell.[7] He took the oath of office on 22 July 2011.[4] It was reported that, at the age of 37, Edelman was the youngest person to join the Supreme Court bench.[7] However, at the welcome ceremony for Edelman, Chief Justice Wayne Martin noted that the reports were incorrect and in fact Sir Lawrence Jackson was appointed at the age of 36 in 1949.[4]

In April 2015, Edelman joined the Brisbane court of the Federal Court of Australia.[1] He replaced Justice Peter Jacobson, who had retired in January 2015.[8]

Justice Edelman decided what may become a watershed case in ACCC v Valve Corporation (No 3) [2016] FCA 196. This case held that an overseas registered entity using a contract governed by overseas law, not incorporated in Australia, collecting revenue in USD but providing services to Australian consumers must comply with Australian Consumer Law or face significant penalties.

In November 2016, it was announced that Edelman would be appointed as a Justice of the High Court of Australia. He commenced the appointment when Justice Susan Kiefel became Chief Justice of Australia on 30 January 2017.[9][10] He is the fourth youngest person to join the Court, after H. V. Evatt, Sir Edward McTiernan and Sir Owen Dixon.[11]

PersonalEdit

Edelman is married and has two children.[4]

BibliographyEdit

  • Unjust Enrichment in Commercial Law. Lawbook Company. 2008. ISBN 0455225044. (with Simone Degeling)
  • Cases and Materials on the Law of Restitution (Revised ed.). Oxford University Press. 2007. ISBN 0199296510. (with Andrew S. Burrows and Ewan McKendrick)
  • Unjust Enrichment in Australia. Oxford University Press. 2006. ISBN 0195517199. (with Elise Bant)
  • Interest Awards in Australia. LexisNexis Butterworths. 2003. ISBN 0409318248. (with Derek Ian Cassidy)
  • Gain-Based Damages: Contract, Tort, Equity and Intellectual Property. Bloomsbury Publishing. 2002. ISBN 1847316824.
  • Gain-based Awards for Wrongs. University of Oxford. 2001.

ReferencesEdit

  1. ^ a b c "Appointments to the Federal Judiciary". Attorney-General's Department (Australia). 11 December 2014. Archived from the original on 28 February 2017. Retrieved 3 September 2015.
  2. ^ a b c "Ceremonial Sitting of the Full Court for the Swearing In and Welcome of the Honourable Justice Edelman". Federal Court of Australia. 20 April 2015. Retrieved 3 September 2015.
  3. ^ Constitution of Australia, section 72.
  4. ^ a b c d e f g "Welcome to the Honourable Justice Edelman: Transcript of Proceedings" (PDF). Supreme Court of Western Australia. 25 July 2011. pp. 2–3. Retrieved 3 September 2015.
  5. ^ a b "Biography of Justice Edelman". Federal Court of Australia. 2015. Archived from the original on 19 September 2015. Retrieved 3 September 2015.
  6. ^ a b "Patrons of the Journal". 28 October 2014. Archived from the original on 11 September 2015. Retrieved 3 September 2015.
  7. ^ a b Rickard, Lucy (25 July 2011). "Our youngest ever judge holds court". Retrieved 3 September 2015.
  8. ^ "Ceremonial Sitting of the Full Court to Farewell the Honourable Justice Jacobson". 12 December 2014. Retrieved 3 September 2015.
  9. ^ Chan, Gabrielle (29 November 2016). "Susan Kiefel becomes first female high court chief justice". The Guardian. Retrieved 29 November 2016.
  10. ^ He will replace Robert French as a member of the court: "Judicial Appointment Announcement: Press Release". High Court of Australia. 29 November 2016. Retrieved 30 November 2016.
  11. ^ Nethercote, J. R. (30 January 2017). "Ringing in the changes at the High Court". The Sydney Morning Herald. Retrieved 30 January 2017.