James Edelman

James Joshua Edelman AC (born 9 January 1974)^[1] has been a justice of the High Court of Australia since 30 January 2017, and is a former justice of the Federal Court of Australia and the Supreme Court of Western Australia. He is noted for his various achievements at a young age, including becoming a professor at Oxford University before the age of 35 and a justice of the Supreme Court of Western Australia before the age of 40.^[2] He was 43 years old upon commencing his appointment on the High Court and is eligible to continue until reaching the constitutionally required retirement age of 70 in 2044.^[3]

The Honourable Justice James Edelman AC
Justice of the High Court of Australia
Incumbent
Assumed office 30 January 2017
Nominated by	Malcolm Turnbull
Appointed by	Peter Cosgrove
Preceded by	Susan Kiefel
Justice of the Federal Court of Australia
In office 20 April 2015 – 29 January 2017
Appointed by	Peter Cosgrove
Preceded by	Peter Jacobson
Justice of the Supreme Court of Western Australia
In office 22 July 2011 – 19 April 2015
Appointed by	Christian Porter
Preceded by	Peter Blaxell
Succeeded by	Peter Martino
Personal details
Born	James Joshua Edelman (1974-01-09) 9 January 1974 (age 51) Perth, Western Australia
Alma mater	University of Western Australia Murdoch University Magdalen College, Oxford

Education

Edelman completed high school at Scotch College in Perth, Western Australia.^[2] He completed bachelor's degrees in economics (1995) and Law (first class honours, 1996) at the University of Western Australia and a Bachelor of Commerce (1997) at Murdoch University.^[2]

He was awarded a Rhodes Scholarship in 1998 and completed a doctorate at Magdalen College, Oxford, in 2001.^[4]

Career

Legal

Edelman was admitted to practice in the Supreme Court of Western Australia in 1998 after serving as an associate to Justice John Toohey in the High Court of Australia in 1997 and completing an articled clerkship at Blake Dawson Waldron.^[4] He was a member of the Chambers of Malcolm McCusker QC from 2001 until his appointment as a justice in 2011.^[5]

Edelman was called to the English bar in 2008^[4] and was a member of One Essex Court chambers.^[5]

Edelman appeared as junior counsel to Malcolm McCusker on behalf of Andrew Mallard in Mallard's successful appeal to the High Court of Australia.^[6]

Academic

Edelman became a tutor at Keble College, Oxford, in 2005.^[7]

Following his appointment to the Supreme Court, Edelman continued to teach as an Adjunct Professor at the University of Queensland and University of Western Australia, as well as holding the honorary position of Conjoint Professor at the University of New South Wales.^[1]

Edelman is also a patron and former editor of the Oxford University Commonwealth Law Journal.^[7]

Edelman has been noted as having a "prodigious" record of publications. At the time of his appointment to the Supreme Court, his publications included six books and more than 80 articles, reviews, and notes.^[4]

Judicial

Edelman was appointed to the Supreme Court of Western Australia in April 2011 following the retirement of Justice Peter Blaxell.^[8] He took the oath of office on 22 July 2011.^[4] It was reported that, at the age of 37, Edelman was the youngest person to join the Supreme Court bench.^[8] However, at the welcome ceremony for Edelman, Chief Justice Wayne Martin noted that the reports were incorrect and in fact Sir Lawrence Jackson was appointed at the age of 36 in 1949.^[4]

In April 2015, Edelman was appointed to the Federal Court of Australia.^[1] He replaced Justice Peter Jacobson, who had retired in January 2015.^[9]

In November 2016, it was announced that Edelman would be appointed as a Justice of the High Court of Australia. He commenced the appointment when Justice Susan Kiefel became Chief Justice of Australia on 30 January 2017.^[10] He is the fourth youngest person to join the Court, after H. V. Evatt, Sir Edward McTiernan and Sir Owen Dixon.^[11]

Honours and recognition

Edelman was appointed a Companion of the Order of Australia in the 2025 Australia Day Honours.^[12]

Personal

Edelman is married and has two children.^[4] Edelman is Jewish.^[13]

Bibliography

• Unjust Enrichment (2nd ed.). Bloomsbury Publishing. 2016. ISBN 9781782255628. (with Elise Bant)
• Unjust Enrichment in Commercial Law. Lawbook Company. 2008. ISBN 978-0455225043. (with Simone Degeling)
• Cases and Materials on the Law of Restitution (Revised ed.). Oxford University Press. 2007. ISBN 978-0199296514. (with Andrew S. Burrows and Ewan McKendrick)
• Unjust Enrichment in Australia. Oxford University Press. 2006. ISBN 0195517199. (with Elise Bant)
• Interest Awards in Australia. LexisNexis Butterworths. 2003. ISBN 0409318248. (with Derek Ian Cassidy)
• Gain-Based Damages: Contract, Tort, Equity and Intellectual Property. Bloomsbury Publishing. 2002. ISBN 1847316824.
• Gain-based Awards for Wrongs. University of Oxford. 2001.