Greg James

Words by Emily Ainsworth, photography by David Field

After seven years as a Judge of the Supreme Court of NSW,
Greg James QC describes his return to the bar as a “coming home.” While both roles require one to be deeply committed and involved, being a judge was something of an adventure for James compared to the comfort of the bar.

As defence counsel, James has represented a number of
defendants who many would perceive to be particularly problematic figures in society. Notably, he was lead defence counsel for a number of those involved in the Milperra Bikie Massacre in 1984. When asked how he sees this role , James replied that as counsel, “you are obliged to take the brief and do the best you ethically can as an advocate.”

“You’re not entitled to replace the judge by making your own judgement. While it is of course comforting to think you’ve played an active role in ensuring that justice is done, generally you’re doing something good anyway – by making sure the system works properly.”

James’ legal career has been a colourful one, with many
challenges involving a significant social justice element. As a young legal practitioner, he did a lot of work representing tenants who were being evicted from their homes. He was extensively involved in the aftermath of the Bathurst Gaol
riots and appeared for prisoners who had been bashed by wardens. James also acted for the family of an aboriginal man who was shot and killed in his own bedroom by police officers, as well as conducting a coronial inquest for the family of Eddie Murray, an Aboriginal man who was detained
under the NSW Intoxicated Persons Act and later found hanged in the police cells. James has also appeared in a number of Royal Commissions, including the inquiry into the NSW gaol system and British nuclear testing.

James’ remarks that his High Court appearance in In Re Marion is the case which has generated the most profound social change. This case established that a parent, even with the approval of a doctor, has no right to have their child mutilated,
even if both parent and doctor were in agreement this was in the child’s best interests. Instead, guardianship legislation and guardian boards were made available to assist people with intellectual disabilities and an inability to care for themselves.

Another key moment in James’ career was his involvement in prosecuting the Polyukovich war case in 1991. James describes how this was an incredibly complex case which came down to a simple issue: whether, after fifty years, one could be sure beyond reasonable doubt that the person the witness said he saw, was in fact the man accused.

In order to switch off from what is often an emotionally intense job, James likes to watch rugby union, read good historical fiction and assist his wife who coaches rowing to people with physical or intellectual disabilities.

Above all, it is clear that Greg James’ long and fruitful legal career as both judge and QC has played a significant role in affecting positive change to the Australian social justice landscape.  

Copyright Field, Doraisamy, Standish and Ainsworth 2016-2020