Roslyn Atkinson
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The Honourable Justice Roslyn Atkinson AO, LLB |
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| Justice of the Supreme Court of Queensland | |
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Assumed office 3 September 1998 |
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| Appointed by | Major General Peter Arnison |
| Personal details | |
| Born |
Roslyn Gay Atkinson 30 November 1948 Brisbane, Queensland, Australia |
| Nationality | Australian |
Roslyn Gay Atkinson AO (born 30 November 1948 in Brisbane, Queensland) is a Justice of the Supreme Court of Queensland, having been appointed to that position in 1998. In 2002 she also became the Chairperson of the Queensland Law Reform Commission, and served in that role until her retirement in 2013. As well as being responsible for the Yankee Doodles precedent, Justice Atkinson has also made two notable decisions in her capacity as member of the Queensland Legal Practice Tribunal.
Justice Atkinson began her career as a Teacher, from 1970 to 1974. She then became an Actor and Theatre Administrator from 1974 to 1978, before becoming a Lecturer of Literature, Drama, Film and Australian Studies at the Queensland Institute of Technology. In 1985 she entered the legal profession by becoming an Articled Clerk at Feez Ruthning. The following year she was an Associate to the Honourable Justice Brennan, then a Justice of the High Court of Australia. She was admitted to the bar in 1987 and practised there until her appointment to the Supreme Court.
Justice Atkinson is perhaps most famous for her judgment in the case of Yankee Doodles v Blemvale Pty Ltd, an oft-quoted and highly influential case in Queensland which shaped the law relating to when courts will exercise their discretion by settling aside default judgments against defendants.
The plaintiff had obtained judgment for recovery of possession of land, mesne profits and costs, and the defendant had made application to have the judgment set aside.
After rejecting the defendant’s argument that judgment had been irregularly entered, her Honour discussed the circumstances in which the court will set aside a regularly obtained judgment, reiterating that the defendant providing a satisfactory explanation for the failure to appear and the length of delay for making the application are both factors that the court will consider. However, citing the Australian Capital Territory case of Sue Oclee Pty Ltd v Bak (1979) 29 ACTR 8, her Honour went on to emphasise the requirement for the defendant to have a prima facie defence on the merits:
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