Federal Court chief justice James Allsop is leaving the job convinced that smart business people avoid court.
James Allsop, the outgoing chief justice of the Federal Court, is recalling an early case in his career about why litigation is the “failure end of the law”.
“Apart from people who have to do it within their business model – banks, insurance companies ... [litigation] is a breakdown of what was anticipated and hoped for.”For the past decade, Allsop has presided over the second-most important court in the federal judicial system, and – as the national commercial court – arguably the most important for business., who will be the court’s first female chief justice and the first to be appointed from within the court since it started in 1977.
The court has taken over from state supreme courts as the forum-of choice for big defamation cases – e.g. Ben Roberts-Smith, Geoffrey Rush and Christian Porter – largely because they can get on quickly and there is no jury. It also does class actions, native title work, and has a large immigration law caseload.
“I say, ‘you’ve got to understand litigation is the failure end of the law ... commercial law [litigation] is great fun but go and do transactions for at least a year; then you will get to know how business people think, how a deal is put together and how to think about business transactions’.“All these people who are commercial litigators think they are commercial lawyers because they are commercial litigators.
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