Fr Frank Brennan ‘full of joy’ as he launches his father’s works

Fr Frank Brennan SJ said it was “a particular joy for the family,” to see his late father Sir Gerard Brennan honoured with a launch of a collection of his father’s articles and speeches throughout his career, hosted by the Australian Catholic University (ACU) and held at the Banco Court of the Supreme Court of NSW.

The late Sir Gerard Brennan acted as Australia’s tenth Chief Justice under the Paul Keating government, served as a judge in the High Court of Australia from 1981-1995 and had a legal career which spanned five decades.

Among his celebrated achievements, Sir Brennan was most famous for his role in the Mabo vs Queensland decision handed down by the High Court in 1992, a decision which overhauled the principle of terra nullius and set the precedent for the Native Title Act of 1993, which sought to promote and protect the Aboriginal people’s claim to land.

Chief Justice of the High Court of Australia Stephen Gageler began the launch, saying the volumes edited by Fr Brennan represented a “labour of love” from a son in admiration of his father’s achievements.

“Sir Gerard Brennan… was someone who could listen to all the arguments, find the right balance, and help create a solution,” he said.

“That acknowledged, the same description could equally be used to describe Fr Frank, and I say that no-one could have been more qualified than Frank to perform that labour.”

Fr Brennan remembered his father’s commitment to take each case on its own merit, and questioning whether a decision would, “truly reflect community values.”

“We can look no further than page 153 [of volume 2] for his personal views and moral claims around his judicial method for the Wik case,” he said.

“And these volumes represent how my father’s wanting to wrestle with what is occurring in our society with the change of values.

“We have these two volumes which hopefully will abide for the ages because I think these questions and issues are perennial.”

Fr Brennan also discussed how his father’s moral compass shaped his judicial process through his entire career.

“[My father’s] quest for values saw his faith and philosophical dispositions play a role, but also his early experiences as a counsel following the cab rank rule,” he said.

“In 1969, he went to Fiji on an arbitration where he got some understanding of Indigenous land rights. He was briefed by the Commonwealth in a difficult murder trial of the Tolai people [of Papua New Guinea] which was ultimately a traditional land dispute. He was appointed as counsel for the Aborigines in the Woodward Royal Commission.

“In all of these experiences he came to understand something of the complexity of the moral issues that confronted him [through his career].”

Earlier in the evening, The Honourable Justice François Kunc, judge for the Supreme Court of NSW, felt it was fitting to recognise Sir Brennan’s achievements to inspire our own desire to bring change to contemporary societal issues for the Indigenous people.

“Given it is Sir Gerard Brennan whose work we honour this evening, it is especially fitting that we acknowledge our Aboriginal and Torres Strait Islander sisters and brothers with the words of the Uluru Statement from the Heart,” he said.

“I suggest that Sir Gerard would also not want this occasion to pass without us taking a moment to reflect on what each of us can do to close the pernicious gaps that separate the quality of life of so many First Nations people from that of their fellow Australians.”

Mr Kunc also acknowledged Fr Brennan’s role not only in bringing to life his father’s legacy through his edited works, but also using both his Jesuit and legal background to advocate for social change for the Aboriginal and Torres Strait Islander communities.

“With great courtesy and intellectual rigour, Fr Frank calls it as he sees it, which is why he has been variously described on the record as a ‘living national treasure’, ‘an ethical burr in the nation’s saddle’ and ‘the meddling priest,’” he said.

“Among the many spiritual insights of the Jesuits is to find God in all things, and Fr Frank is no exception in his work as a Jesuit priest and lawyer, and one would be here all night listing all the committees and reviews he has chaired or participated in.”

The launch concluded with Sir Brennan’s great grandson, and first-year law student, Liam presenting the Chief Justice with the edited works, culminating in a full circle moment which showcased the legacy Sir Brennan left behind.