Professor Rosalind Frances Croucher AM
2 Dryandra Way
Thornleigh, New South Wales 2120
BA(Hons), LLB (USyd), PhD (UNSW), AmusA
FRSA (Royal Society for the encouragement of Arts, Manufacture and Commerce) – 1999
Honorary Fellow, St Andrews’ College, University of Sydney
Areas of Interest
- Legal History
Brief Biographical Detail
Rosalind Atherton joined the Division of Law at Macquarie University in December 1999 to take up the position of Professor and Dean of Law. Ros is an enthusiastic and dedicated teacher and has continued this strength into her energetic assumption of senior administrative roles at the University of Sydney and now at Macquarie. In 2002 Ros was elected Chair of the Council of Australian Law Deans.
Ros`s standing in the international community of trusts and succession scholars led to her election to the Academy in 1993 and as Vice-President (Western Pacific) in 1998. In May 1999 she was appointed Co-ordinating Editor of the Academy`s Annual Proceedings.
Apart from her interest in higher education and legal education in particular, Ros is known for her musical abilities - having spent several years in the Renaissance Players and the Opera and Ballet Orchestra in Sydney. She has been a chorister with Sydney Philharmonia since 1994 and now sings with the Philarmonia Motet Choir. In August 2002 the choir performed at The Proms in London, the first Australian choir to be invited to do so. Ros has served on the governing body of St Andrews’ College in the University of Sydney, the first lay woman to do so and she is a Counsellor of the Ascham School Council.
Books & book chapters
- Papers of the International Academy of Estate and Trust Law - 2001 ed R Atherton, including editorial introduction and chapter listed in (c) below. Kluwer 2002. 302pp. ‘Testamentary Freedom: A Motherhood Statement’, in Papers of the International Academy of Estate and Trust Law –2001, Kluwer Law International, 2002, 273-281
- Papers of the International Academy of Estate and Trust Law – 2000 ed R Atherton, including editorial introduction. Kluwer 2001. 287pp.
- Selected Papers of the International Academy of Estate and Trust Law, 1997-1999, ed. R. Atherton, Kluwer Law International, 2001, 963pp, including editorial introduction, section introduction and two chapters – listed in (b) below. ‘Bodies, Death and Incapacity – An Overview of Australian Law’, in Selected Papers of the International Academy of Estate and Trust Law, 1997-1999, Kluwer Law International, 2001, 535-546.
- ‘Family Provision Legislation in Common Law Jurisdictions’, in Selected Papers of the International Academy of Estate and Trust Law, 1997-1999, Kluwer Law International, 2001, 681-698.
- ‘Early Women Barristers in New South Wales – solo journeys – the glory of the pioneer’, in No Mere Mouthpiece: Servants of All, Yet of None, Butterworths, 2002, 69-82.
- `To Be or Not to Be...This Begs the Question` in the volume of papers for the 9th National Family Law Conference 2000, Television Education Network, 2000.
- Family Provision, Victorian Attorney-General`s Law Reform Advisory Council, Expert Report 1, Melbourne 1997, 1-179, i-x; also published on their website http://www.law.unimelb.edu.au/aglrac, Sept 1998.
- Australian Succession Law Commentary and Materials, Butterworths, 1996, 906pp, i-lxxxv, with P Vines. (Contributions equal). 2nd ed. To be published in 2003.
- `Feminists and Legal Change in New South Wales, 1890-1916: Husbands, widows and `family property``, in Sex, Power and Justice: historical perspectives on Law in Australia, D Kirkby ed, Oxford University Press, Melbourne, 1996, pp 168-187.
- `Attacks on Estates after Grants`, in Estate Litigation, M Migotto ed, Blackstone Press, 1994, ch 3, pp 43-75.
- `Will Drafting for De Facto and Second Marriage Partners`, in De Facto and Second Marriage Partners: Inter Vivos Claims, Wills and Testamentary Disputes, Blackstone Press, Sydney, 1992, pp 2-33
- ‘Will Drafting for De Facto and Second Marriage Partners’, pp 2-33 in De Facto and Second Marriage Partners: Inter Vivos Claims, Wills and Testamentary Disputes, Blackstone Press, Sydney, 1992, pp xix + 215.
- ‘A Guide to the Preparation of Wills’, in Lawyers` Practice Manual (N.S.W), Law Book Co., Sydney, 1988. Co-author A. Woods, Solicitor
Legal Encyclopedia entries
- `Succession` entry, Oxford Companion to the High Court of Australia, Oxford University Press, 2002, 651-654.
- `Deane` entry (co-authored with 3 others), Oxford Companion to the High Court of Australia, Oxford University Press, 2002, 195-197
- `Wills` in Laws of Australia, 1999, with P Vines, Faculty of Law, UNSW 1 - 202.
- `Intestacy` in Halsbury`s Laws of Australia, Succession title, 1998, 734-901-735,245.
- `Testate Succession` in Halsbury`s Laws of Australia, Succession title, with DP Ehrlich and W Rahman, 1997, 734,021-734,730.
- `Family Provision` in Halsbury`s Laws of Australia, Succession title, with DP Ehrlich and W Rahman, 1997, 737,901-738,301.
- Australian Commentary on Wills, for Halsbury`s Laws of England, Butterworths, Sydney, 1993. Co-author P Vines, Faculty of Law, UNSW 144pp.
- Section on `Australia`, in Lawrence`s International Personal Tax Planning Encyclopaedia, Butterworths London, 1990, pp 3/1-3/140. Co-author John King, Mallesons Stephen Jaques, Sydney. Revised regularly.
Articles in refereed journals
- `The Concept of Moral Duty in the Law of Family Provision - A Gloss or Critical Understanding?` (1999) 5(1) Australian Journal of Legal History, 5-28.
- `Claims on the Deceased: The Corpse as Property` (2000) 7 Journal of Law and Medicine 1 - 15.
- `The concept of Moral Duty in the Law of Family Provision: A Gloss or Critical Understanding` (1999) 5(1) Australian Journal of Legal History.
- `En ventre sa frigidaire: posthumous children in the succession context` (1999) 19(2) Legal Studies: the Journal of the Society of Public Teachers of Law 139-164
- `Between a Fridge and a Hard Place: The Case of the Frozen Embryos or Children en ventre sa frigidaire` (1998) 1 Australian Property Law Journal 53-60.
- `Donees, Devisees and Torrens Title: The problem of the volunteer under the Real Property Act` (1998) 4(2) Australian Journal of Legal History 1 - 121.
- `Dispensing with Wills Formality in Australia: The Problem of the Draft Will in the Tranquil Revolution` (1994) 2 Australian Property Law Journal 68
- `The Testator`s Family Maintenance and Guardianship of Infants Act 1916 (NSW): Husband`s Power v. Widow`s Right` (1991) Australian Journal of Law and Society (published 1992) 97-129
- `New Zealand`s Testators` Family Maintenance Act of 1900 - the Stouts, the Women`s Movement and Political Compromise` (1990) 7 Otago Law Review 202-221
- `Testamentary Guardianship and the Reference of Powers over Children: A problem in search of a solution, or who gets to look after the kids?` (1989) 3 Australian Journal of Family Law (No 3) 236-250
- `Expectation Without Right: Testamentary Freedom and the Position of Women in 19th Century NSW` (1988) 11 University of New South Wales Law Journal (No.1) 133-157
- `Artificially Conceived Children and Inheritance in New South Wales` (1986) 59 Australian Law Journal 374-386 8. `The Family Provision Act 1982 (N.S.W.): A New Deal for the Family` (1984) 58 Australian Law Journal 274-288
- ‘Dispensing with Wills Formality in Australia: The Problem of the Draft Will in the Tranquil Revolution. (1994) Australian Journal of Property Law 68-
- ‘The Family Provision Act 1982 (N.S.W.): A New Deal for the Family’ (1984) 58 Australian Law Journal 274-288
Case notes in refereed journals
- `Informal wills and revocation - Public Trustee v Milton (1995) 39 NSWLR 330` (1999) Australian Law Journal (315-319)
- ‘The Dispensing Power and missing wills’ (1993) 67 Australian Law Journal 859-863
- ‘Official Receiver in Bankruptcy v Schultz - Part II - The succession aspects’ (1991) 65 Australian Law Journal, 553-556
- ‘Nominations and testamentary dispositions’, Case note on Baird v Baird  2 WLR 1412, (1991) 65 Australian Law Journal 49-54
Select Conference Papers
- `An Update on Wills and Probate` CLE Centre, 99.22.1, 22 March 1999, (52 pages)
- `Law and Medicine at the Frontier - The Isues in Context`, introduction from the Chair, Law and Medicine at the Frontier: The Body, Property and Reproductive Technology, 11 March 1999, Health Law Seminar Series 1999, Faculty of Law University Sydney (6 pages).
- `Update on Wills and Probate`, continuing legal education seminar paper, published by CLE CENTRE (98/60), Sydney, 2 Nov 1998, 54 pages.
- `The Place of Legal History in the Teaching of Comparative Law and in Comparatists Formation - the example of Australian Land Law`, Australian National Report for the legal History and Ethnology seciton for the International Congress of Comparative Law, Bristol July 1998
- `Modern Probate Litigation`, College of Law Continuing Legal Education, October 1995. Published by the College of Law, Sydney.
- `Continuity and Discontinuity of Law in Times of Social Revolution - The Unfinished Revolution: widows and property`, Australian National Report for the Legal History and Ethnology section for the International Congress of Comparative Law, Athens, 1994. Published in the collection of Australian reports, Australian Law and Legal Thinking in the 1990s, eds A E-S Tay, C Leung, Sydney, 1994, 1- 25.
- `Wills Reform In Australia`, Proceedings of the International Academy of Estate and Trust Law, New Orleans meeting, 1993, pp 3.1-3.10
- `Probate Litigation since the 1989 Amendments: Problems and Prognosis`, College of Law Continuing Legal Education, March 1993. Published by the College of Law Sydney (73 pages)
- `The wise and just husband and father: wives and daughters and the Family Provision Ace`, as part of `Aspects of Property Law: the Impact upon Women`, Sydney Law School, 1 December 1992 (59 pages)
- `Recent Developments in Wills and Probate 1992`, (33 pages) Business Law Education Centre in conjunction with Longmans Cheshire, proceedings of CLE Updates 1992, October 1992
- `Will Drafting and the Family Lawyer - Divorce and Wills`, College of Law Continuing Legal Education, June 1992. Published by the College of Law, Sydney (93/17.3), 46 pages
- `Litigation under the Dispensing Power: the Chartered and Uncharted Territory`, pp 33-87 in `Probate Problems`, College of Law Continuing Legal Education, May 1992. Published by the College of Law, Sydney, 91 pages
- `Probate Litigation since the 1989 Amendments: Problems and Prognosis` College of Law Continuing Legal Education Programme, Sydney, June 1990; and in a revised form at Bathurst, March 1991, and Newcastle, June 1991. Published by the College of Law, Sydney, 1990 (90/41); 1991 (91/16/1)
- `Wills and Probate: Developments and Issues`, Business Law Education Centre, Sydney September 1990; and in a revised and extended form as `CLE Update - Wills, Probate and Family Provision`, March 1991 (46 pages)
- `Applicants under the Family Provision Act 1982 - A Review of Eligibility`, UNSW Continuing Legal Education, Sydney, February 1990. Published by UNSW Continuing Legal Education, Sydney 1990 (36 pages)
- `Wills, Probate and Administration (Amendment) Act 1989 - New Rules as to Wills Formalities in New South Wales` College of Law Continuing Legal Education Programme in Sydney (three times) and in conjunction with Regional Law Societies in Wollongong, Surfers Paradise, Port Macquarie, Merimbula, Camden & Albury November, 1989 and February 1990. Published by the College of Law, Sydney 1989 (89/72.4, 89/73.2, 89/52, 89/74.3, 90/2.1) (37 pages)
- `Will Drafting for the Family Lawyer`, College of Law Continuing Legal Education Programme in conjunction with Regional Law Societies, Canberra, Wollongong, Newcastle and Bateman`s Bay, June-July 1989. Published by the College of Law, Sydney 1989 (89/77.3) (45 pages); and in a revised form, `Will Drafting in Complex Family Situations` (89/69.2) (46 pages)
- `The Groundrules of Testamentary Trusts Revisited`, UNSW Faculty of Law, Taxation, Business and Investment Law Research Centre, Sydney, June 1989. Published in Death and Taxes: Changes to Wills, Taxation, Capital Gains, UNSW Faculty of Law CLE, Sydney 1989, chapter no. 3 (29 pages) and, in a revised form in 1991
- `Changes in Wills Formalities: Wills, Probate and Administration (Amendment) Act 1989`, UNSW Faculty of Law, Taxation, Business and Investment Law Research Centre, Sydney, June 1989. Published in Death and Taxes: Changes to Wills, Taxation, Capital Gains, UNSW Faculty of Law CLE, Sydney 1989, chapter no. 1 (21 pages)
- `The Extended Family and Family Provision - The Problem of Multiple Marriages`, College of Law Continuing Legal Education Program, Sydney, March, 1989, published in Will Drafting for the Family Lawyer, CLE Dept, College of Law, Sydney, March, 1989, (pp. 41-66), pp 66
- `Will Drafting and Complex Family Situations`, College of Law Continuing Legal Education Program, Sydney, August 1988, published in A Refresher Course in Will Drafting, Centre for Legal Information and Publications, Sydney 1988 (No.88/31) (21 pages)
- `Wills, Intestacy and Family Provision: A Review of Developments and Current Practice` Far North Coast Law Society Continuing Legal Education, 1st November, 1986, Coolangatta, Qld. Centre for Legal Information and Publications, Sydney, 1986 (No. 86/64) (80 pages)
- `Aspects of Succession: the Revolution in Status` College of Law Continuing Legal Education Program, College of Law, September 1985; and Wollongong, November 1985. Centre for Legal Information and Publications, Sydney, 1985 (No.`s 85/43 and 85/45) (51 pages)
- `Songs for Imberombera`, with W Porter-Young and M Atherton, for work commissioned to be composed by Michael Atherton by the Gondwana Voices choir. First performed January 1997.
- `Exhortation` Contemporary Singers. First performed July 1996. Review in Opera Australia, Aug-Sept 1996: `spendidly poetic text`.
- `Namatjira` for work Australian Voices Choir 1996, with financial assistance from the Performing Arts Board of the Australia Council. First performed 1996. Recorded on The Listening Land - Australian Choral Music, VOICES CD 1002, 6m 11s.