In late 2024, Professor James Stellios FAAL FASSA, former Head of the ANU Law School, was appointed a Judge of the Federal Court of Australia. On 21 February 2025, he will be welcomed at a Ceremonial Sitting in Sydney.

Justice Stellios’ appointment to the Federal Court reflects his outstanding contribution to legal scholarship, and his distinctive mix of experience as an academic and barrister.

“All of us here at the ANU Law School are incredibly proud of Justice Stellios on his appointment to the Federal Court. Throughout his time at ANU, James was a diligent thoughtful scholar, a patient mentor and adviser, and a compassionate and conscientious leader. His students regarded him with awe; his colleagues will miss his humility and good humour,” says Associate Professor Ryan Goss, Head of the ANU Law School.

“The ANU's loss is the Commonwealth’s gain. We look forward to his visits back to the Law School, and to reading Justice Stellios’ judgments!”

The direct appointment of a legal scholar to the Federal Court is remarkable and rare.

There are a few examples of Federal Court judges who began their careers as academics before switching to legal practice. These include Justice Michael Barker, who taught for four years at the ANU Law School early in his career, and Justice Margaret Stone, an ANU law alumna. 

Perhaps the closest precedent for Justice Stellios’ appointment was the appointment of Justice Paul Finn, who at the time of his appointment was also a law professor at ANU.

Reflecting on Justice Finn’s career, the Chief Justice of Australia once described the move from academia to the bench as a ‘giant leap’. In Justice Stellios’ case, however, his transition to judicial office will be facilitated by the fact that he developed a successful practice at the bar alongside his full-time academic commitments. 

Justice Stellios has regularly been sought out to appear in difficult cases, particularly in constitutional litigation. A prominent example of his contribution to legal development through his advocacy is his appearance (with Craig Lenehan SC, Frances Gordon KC and Thomas Wood) for the plaintiff in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs. 

During his long academic career at the ANU Law School, Justice Stellios has made significant contributions to numerous areas of Australian constitutional law. His writings on the topic of the law of Chapter III – The Judicature – are widely regarded as field-defining.

His scholarship has subjected doctrinal developments to critique and elaboration by reference to underlying constitutional principles as revealed through close study of judicial decisions. More specifically, in the context of Chapter III jurisprudence, he has gone beyond platitudes about the separation of powers to show how doctrines associated with judicial power are firmly grounded in the institutional design of federal and democratic institutions established by the Constitution. 

Given much of his contribution to legal thought has been through his extensive writing on Chapter III, it is apt that now-Justice Stellios has been afforded the opportunity to contribute to the law as a participant in the very institution he has spent so long studying.

“In relation to all aspects of his academic life, Professor Stellios has acted with integrity, impartiality and humanity. In addition to his prodigious legal knowledge and mastery of legal method, these qualities will ensure he will acquit his responsibilities as a Chapter III Judge with distinction,” says Professor Leighton McDonald. 

The ANU Law School wishes Justice Stellios all the best for his appointment.