Professor Jane Stapleton and her Dialogue with the Courts

Abstract The importance of the dialogue between the academy and the courts cannot be overstated. Few have made such a contribution to that dialogue as Professor Jane Stapleton. In this chapter, presented at the Festschrift in Professor Stapleton’s honour, that contribution is celebrated by Susan Kiefel AC, Chief Justice of Australia. The chapter explores the ‘reflexive tort scholarship’ of which Professor Stapleton was an advocate. Such scholarship emphasises the role of the judge, is responsive to change signalled by courts, and influences courts with its insights. Through the lens of reflexive tort scholarship, the Chief Justice explores Professor Stapleton’s impact on Australia’s tort law, acknowledging the extent to which it has guided Australian courts, with a particular focus on her scholarship on factual causation and scope of liability, and on pure economic loss.