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The Honourable Mr Justice Bruce Harvey McPherson, CBE

The Honourable Mr Justice Bruce Harvey McPherson, CBE

Judge of the Court of Appeal.

Born Melmoth, South Africa, in 1936.

Educated at Durban High School; University of Natal (B.A. degree); University of Cambridge (B.A., LL.B.); University of Queensland (Ph.D.).

Immigrated to Australia in 1960.

Full-time Lecturer in Law, University of Queensland 1961-65.

Admitted to Queensland Bar in April, 1963, and commenced practice as barrister in September, 1965.

Q.C. August, 1975.

Judge of the Supreme Court of Queensland from January, 1982. Commercial Causes Judge 1983-85.

Queensland Law Reform Commission Member from 1969. Chairman 1982-1991.

Consultative member of Committee of Australian Law Reform Commission on Insolvency Law 1983-1988.

Chairman of Governors, Utah Charitable Foundation 1985-1989.

Chairman of Trustees, Peirson Memorial Home for Children, Bundaberg.

Awarded C.B.E., Queen's Birthday Honour's List for 1988, for contribution to law reform in Queensland.

Visiting Lecturer, LL.M. course, Law Faculty, University of Cambridge, Nov. - Dec., 1989.

Judge of Appeal of the High Court of Solomon Islands from 1990.

Senior Puisne Judge, Supreme Court of Queensland, 1990-1991.

Acting Chief Justice, July-October 1991.

Officer Administering the Government of Queensland, 22 July to 2 August 1991. Acting Governor of Queensland, 2 September to 16 September, 1991.

Judge of the Queensland Court of Appeal, from 16th December, 1991 to date.

Chairman Judicial Conference of Australia 1998-2000.

Chairperson of the Trustees of Ann Street Presbyterian Church.

 

LIST OF PUBLICATIONS:

Books -

(a) The Law of Company Liquidation

  • 1st ed. 1968
  • 2nd ed. 1980
  • 3rd ed. 1987 (ed. J. O'Donovan)
  • 4th ed. 1999 (ed. J. Keays)
  • Student Edition 1993 (ed. J. O'Donovan)

(b) The Supreme Court of Queensland 1859-1960, Butterworths, Brisbane, 1989

Articles -

Admiralty:

"Admiralty Jurisdiction and the Federal Court" (1981) 55 Australian Law Journal 71.

Company Law & Insolvency:

"Avoiding Transactions in Insolvency" -in Corporate Insolvency Law ed. Lessing & Carter. (1993)

"Company Law" Australian Lawyer, vol. 5 part 8, 1964

"Cross Border Insolvency" - Australian National Report :The International Symposium on Civil Justice in the Era of Globalization, ISCJ, Tokyo, August 1992.

"Duties of Directors to Shareholders and Creditors": New Zealand Law Foundation Conference, Auckland, New Zealand 1989.

"Effect of Liquidation Upon Execution Against a Company" (1964) 38 Australian Law Journal 53, 53-61.

"Limits of Fraud on the Minority" (1960) 77 South African Law Journal 297.

"Oppression of Minority Shareholders; Part 1 : Common Law Relief" (1963) 36 Australian Law Journal 404-411.

"Oppression of Minority Shareholders Part II : Statutory Relief" (1963) 36 No.12 Australian Law Journal 427-434.

"The Duties of Directors and the Powers of Shareholders" (1977) 51 Australian Law Journal 400.

"The Insolvent Trading Trust", Essays in Equity (ed. P.D. Finn)1985. The Law book Co. 142-158..

"The Liability of Directors for Company Debts" (1993) vol. 1 Insolvency Law Journal 133-141.

"The Prohibition against Financial Assistance for the Purchase of Shares" (1971) 7 University of Queensland Law Journal 235-242.

"Winding up on the ‘Just & Equitable’ Ground": (1964) 27 Modern Law Review 282-305.

Equity & Property Law:

"Fiduciaries: Who are they?" (paper presented at the Commonwealth Law Conference, Vancouver, Canada, August 1996. 72 Australian L.J. 285.

"Information as Property in Equity" QUT Federation Press 1994

"Joint Ventures", essay published in Equity and Commercial Relationships (ed.P.D. Finn). The Law Book Co. Ltd. NSW 1987 19-47.

"Passing of Property in English and South African Contracts of Sale" (1962) 11 International & Comparative Law Quarterly 873-880.

"Self-Dealing Trustees" Trends in Contemporary Trust Law (ed. A.J. Oakley) Clarendon Press, Oxford, 1996.

"Time Sharing" Paper delivered at 22nd Australian Legal Convention 1983 at 315-323. Law Council of Australia 1984.

Contract Law:

"Arbitration, Valuation, and Certainty of Terms" (1986) 60 Australian Law Journal 8.

"Contracts of Sale of Land Act 1933, Part III": (1964) 4 University of Queensland Law Journal 167-178.

"Guarantees of Infants Contracts" (1961) 14 The Australian Lawyer 142-146.

"Limits of Unjust Enrichment", Paper delivered to Convention of Australian Bar Association, July 1994

"The Passing of Property in English and South African Contracts of Sale" (1962) 11 International & Comparative Law Quarterly 873.

General:

"Why Have Law At All?" Queensland Bar News, Sept.1991, 17-25.

History and Legal History:

"Edward Archibald Douglas and Robert Johnston Douglas" (1996) 14 Australian Dictionary of Biography 22-23.

"French Convicts in Australia": Queensland Bar News, August 1981.

"Judges, Politicians and History" (1990) 14 Journal of the Royal Historical Society of Queensland 225.

"Revisiting the Manor of East Greenwich" (1998) 42 American Journal of Legal History, 35.

"Scots Law in The Colonies" (1995) 2 Juridical Review 191-208.

"Structure and Government of Australian Courts" (1992) 1 Journal of Judicial Administration 166.

"The Case of Mr Justice Lutwyche : Removing a Judge from the Supreme Court of Queensland" (1986) Sept. Quadrant.

"The Church as Consensual Compact, Trust and Corporation", vol. 74 Australian Law Journal 159.

"The Invalidity of Queensland's first Parliament" (1987) 13 Journal of the Royal Historical Society of Queensland 153.

Evidence:

"A Statutory Exception to the Hearsay Rule" (1965) 5 University of Queensland Law Journal 30.

 

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