The Tampa Case 25 years on

On the 25th anniversary of this landmark case, three key actors in the dispute reflected on the legal significance of the case: the Hon Tony North KC who was the Judge in the original hearing; The Hon Michael Black AC KC, who was the Chief Justice of the Federal Court and a member of the Appeal; and the Hon Chris Maxwell AC KC, who appeared as a Barrister for the Victorian Council of Civil Liberties in the proceedings.

Presented by Melbourne Law School and chaired by Professor Michelle Foster, Dean of Melbourne Law School, the 2026 Alan Missen Oration delved into the core reflections from those at the bar and the bench after the Australian Government refused permission for the Norwegian freighter MV Tampa to enter Australian waters.  433 rescued refugees, were denied entry to Australia, and taken to Nauru.

Lawyers for the refugees launched proceedings in the Federal Court of Australia challenging the detention and exclusion of the refugees in what is known as the Tampa Case.

This event was presented on 2 September 2026.

Chris Maxwell

“We wanted to give voice to the voiceless.”

“There would be … lawyers … who'd be ready to go to court again and say, you cannot do this. You will be held to account.”

“This was a proud moment for the rule of law in Australia.”

Tony North

“It seems to me, 25 years later, that the majority view is just untenable.”

“The refugees were sadly let down. And the court system unfortunately, in the end, disgraced itself.”

Michael Black

“You always rescue someone from the sea. It's what we do.”

“It had to be done properly and it had to be done whilst the court still had its jurisdiction over the matter.”