Bradley Maxwell Selway: A Personal Tribute

Date01 June 2005
DOI10.22145/flr.33.2.1
Published date01 June 2005
Subject MatterArticle
BRADLEY MAXWELL SELWAY: A PERSONAL TRIBUTE
John M Williams*
On 10 April 2005 Justice Bradley Selway died. He was 50. For those who knew and
worked with Brad, as he was universally known, this was crushing news. Like many I
came across Brad through a shared interest in public law, an area in which he excelled,
and like many a professional interaction it turned into a cherished friendship.
My first meeting with Brad was when he agreed to chair a continuing legal
education seminar in Adelaide on section 90 of the Constitution. As an inexperienced
academic I was nervous and clearly portrayed that lack of confidence. He, as was his
way, calmed the situation by reminding all that he should be the nervous one having
just lost the States $5 billion with the High Court's decision in Ha v New South Wales.1
Brad was born on 9 January 1955 in Gawler in South Australia, the son of a railway
family. Like many of his generation his talents procured him a scholarship for his
secondary education. At Westminster School in Adelaide he indulged his passion for
knowledge. At the time of his appointment to the Federal Court of Australia he
commented:
I was lucky first in my choice of parents and siblings. I am well aware of the sacrifices
that they have made to ensure that I was properly educated. Westminster School gave me
a full scholarship for my secondary education, I had good teachers, and I made many
friends that have remained with me ever since. I think I was the first Selway to go to
university.2
His legal education was at the University of Adelaide where he studied from 1973
to 1976. He enjoyed his time at Law School not least for his formal education in the law
but for the additional benefits: 'In my four years there I did not miss a midday movie, a
record of which I remain inordinately proud.'3 He graduated with honours and
commenced his articles with the then South Australian Crown Solicitor Graham Prior
QC in 1977. This was to be the start of a career as a government solicitor. He was
rightly proud of the fact that he worked in the public sector. His fearlessness and
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* Reader, Faculty of Law, Australian National University. For their comments, thoughts and
reminiscences I would like to thank the following: David Bennett, Julie Davey, John Doyle,
Jane Cox, Rachael Gray, Clem Macintyre, Rob Meadows, Tom Pauling, Christine Selway,
Fiona Wheeler and David Wright.
1 (1997) 189 CLR 465.
2 Ceremonial Sitting of the Full Court of the Federal Court for the Swearing in and Welcome
of the Honourable Justice Selway, 19 November 2002.
3 Ibid.

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