Raymond Finkelstein
Encyclopedia
Raymond Finkelstein QC
is an Australian lawyer and judge. From 1997 until 2011, he served as a judge of the Federal Court of Australia
. His judgments were highly influential in commercial law, giving rise to new approaches in insolvency, competition law and class actions.
In 1951, as stateless Jews, the family came to Melbourne, Australia by boat.
Finkelstein's secondary education was at Elwood High School
, where he was reportedly a rebellious and disobedient student.
In 1965, he was accepted to study at Monash University
, where he obtained a Bachelor of Laws and a Bachelor of Jurisprudence.
Finkelstein was a teaching fellow at Monash University
Law School from 1974-1975.
, Alan Goldberg and Ron Merkel, which eventually became one of Australia's busiest commercial practices. He was made a Queen's Counsel
in 1986. In 1992, he served for one year as the Victorian Solicitor-General.
Finkelstein was appointed as a judge of the Federal Court of Australia
on 21 July 1997. By that point, his colleagues Goldberg and Merkel were also on the bench. It made Melbourne a hub for corporate law litigation. At one point in time, around 90% of corporate cases in the Federal Court were listed in Victoria.
He has presided over a number of notable cases, including the civil hearing of prominent Australian businessman Steve Vizard
, in which he increased the sentence proposed in the Agreed Statement of Facts by both ASIC and Vizard to a $390,000 fine and a ban from holding company directorships for 10 years. His judgment of Vizard attracted widespread media attention, but was widely misunderstood as the matter was a civil hearing, involving the review by the Court of an Agreed Statement of Facts The head of ASIC, Jeff Lucy, later conceded that much of the media outrage was caused by ASIC's failure to properly communicate the full facts to the media.
Finkelstein has been described as "independent, full of ideas, and unpredictable", often drawing on practices from other jurisdictions to inform the court's ruling, both procedural and substantive. He was also President of the Australian Competition Tribunal.
in a journal article published in the Monash University Law Review
, in which he stated that, while he opposes judges acting as "ad hoc legislators", it is naive to think that a judge's background, education, heritage and personal ethical views do not influence their decisions.
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
is an Australian lawyer and judge. From 1997 until 2011, he served as a judge of the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
. His judgments were highly influential in commercial law, giving rise to new approaches in insolvency, competition law and class actions.
Early life and Education
Finkelstein was born in Munich, Germany in July 1946. His father, Wolf Finkelstein grew up in Poland, near the border with Ukraine. World War II led Wolf Finkelstein to Germany, where he met fellow Pole Lisa Altstock.In 1951, as stateless Jews, the family came to Melbourne, Australia by boat.
Finkelstein's secondary education was at Elwood High School
Elwood High School
Elwood High School can refer to:*Elwood High School in Elwood, Kansas*Elwood High School in Elwood, Nebraska*Elwood High School in Australia*Elwood High School in Canada...
, where he was reportedly a rebellious and disobedient student.
In 1965, he was accepted to study at Monash University
Monash University
Monash University is a public university based in Melbourne, Victoria. It was founded in 1958 and is the second oldest university in the state. Monash is a member of Australia's Group of Eight and the ASAIHL....
, where he obtained a Bachelor of Laws and a Bachelor of Jurisprudence.
Finkelstein was a teaching fellow at Monash University
Monash University
Monash University is a public university based in Melbourne, Victoria. It was founded in 1958 and is the second oldest university in the state. Monash is a member of Australia's Group of Eight and the ASAIHL....
Law School from 1974-1975.
Career
In 1975 Finkelstein began practicing as a barrister at the Victorian bar. He shared chambers with Ron CastanRon Castan
Aaron Ronald Castan AM QC was a distinguished barrister and human rights advocate. He played a leading role in some of Australia's more important cases, such as the Gove land rights case, Koowarta v Bjelke-Petersen and the Franklin Dam case...
, Alan Goldberg and Ron Merkel, which eventually became one of Australia's busiest commercial practices. He was made a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1986. In 1992, he served for one year as the Victorian Solicitor-General.
Finkelstein was appointed as a judge of the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
on 21 July 1997. By that point, his colleagues Goldberg and Merkel were also on the bench. It made Melbourne a hub for corporate law litigation. At one point in time, around 90% of corporate cases in the Federal Court were listed in Victoria.
He has presided over a number of notable cases, including the civil hearing of prominent Australian businessman Steve Vizard
Steve Vizard
Stephen William Vizard, born 6 March 1956 in Richmond, Victoria, is an Australian media personality, comedian, businessman and writer.-Early life:...
, in which he increased the sentence proposed in the Agreed Statement of Facts by both ASIC and Vizard to a $390,000 fine and a ban from holding company directorships for 10 years. His judgment of Vizard attracted widespread media attention, but was widely misunderstood as the matter was a civil hearing, involving the review by the Court of an Agreed Statement of Facts The head of ASIC, Jeff Lucy, later conceded that much of the media outrage was caused by ASIC's failure to properly communicate the full facts to the media.
Finkelstein has been described as "independent, full of ideas, and unpredictable", often drawing on practices from other jurisdictions to inform the court's ruling, both procedural and substantive. He was also President of the Australian Competition Tribunal.
Views on judicial activism
Finkelstein entered into the debate on judicial activismJudicial activism
Judicial activism describes judicial ruling suspected of being based on personal or political considerations rather than on existing law. It is sometimes used as an antonym of judicial restraint. The definition of judicial activism, and which specific decisions are activist, is a controversial...
in a journal article published in the Monash University Law Review
Monash University Law Review
The Monash University Law Review is a scholarly refereed law journal based at the Monash University Faculty of Law. Each issue contains articles by prominent academics, judges and legal practitioners, critically discussing a range of legal issues. The Review is held in law libraries and law firms...
, in which he stated that, while he opposes judges acting as "ad hoc legislators", it is naive to think that a judge's background, education, heritage and personal ethical views do not influence their decisions.