Ada Emily Evans (17 May 1872 – 27 December 1947), was an Australian lawyer and the first female law graduate in Australia.
Early life
Evans was born in
Wanstead
Wanstead () is a town in East London, England, in the London Borough of Redbridge. It borders South Woodford to the north, Redbridge, London, Redbridge to the east and Forest Gate to the south, with Leytonstone and Walthamstow to the west. It is ...
,
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
(then a town in
Essex
Essex () is a county in the East of England. One of the home counties, it borders Suffolk and Cambridgeshire to the north, the North Sea to the east, Hertfordshire to the west, Kent across the estuary of the River Thames to the south, and G ...
county, now a north-eastern suburb of
London
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
), the daughter of
architect
An architect is a person who plans, designs and oversees the construction of buildings. To practice architecture means to provide services in connection with the design of buildings and the space within the site surrounding the buildings that h ...
Henry Evans and his wife Louisa, who came from a family of lawyers. She attended school in the London suburb of
Woodford Woodford may refer to:
Places
Australia
*Woodford, New South Wales
*Woodford, Queensland, a town in the Moreton Bay Region
*Woodford, Victoria
Canada
* Woodford, Ontario
England
*Woodford, Cornwall
* Woodford, Gloucestershire
*Woodford, Greate ...
, before her family moved to
Sydney
Sydney ( ) is the capital city of the state of New South Wales, and the most populous city in both Australia and Oceania. Located on Australia's east coast, the metropolis surrounds Sydney Harbour and extends about towards the Blue Mountain ...
,
New South Wales
)
, nickname =
, image_map = New South Wales in Australia.svg
, map_caption = Location of New South Wales in AustraliaCoordinates:
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, es ...
,
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
in 1883. There she attended
Sydney Girls High School
, motto_translation = Work Conquers All
, location = Moore Park, Sydney, New South Wales
, country = Australia
, coordinates =
, pushpin_map = Australia Sydney#New South Wales#Australia
, established =
, type = Governmen ...
,
and began her tertiary education at the
University of Sydney
The University of Sydney (USYD), also known as Sydney University, or informally Sydney Uni, is a public research university located in Sydney, Australia. Founded in 1850, it is the oldest university in Australia and is one of the country's si ...
, graduating with a Bachelor of Arts degree in 1895. Following graduation, she intended to establish a school with her sister in the inner-western suburb of
Summer Hill, but abandoned the project after a period of illness.
Legal career
Later, encouraged by her mother Louisa, Evans enrolled again at the University of Sydney in 1899, this time in the
Sydney Law School
Sydney Law School (informally Sydney Law or SLS) is the law school at the University of Sydney, Australia's oldest university. Sydney Law School began a full program of legal instruction in 1890 following the appointment of its first dean, having ...
. Although the
Dean
Dean may refer to:
People
* Dean (given name)
* Dean (surname), a surname of Anglo-Saxon English origin
* Dean (South Korean singer), a stage name for singer Kwon Hyuk
* Dean Delannoit, a Belgian singer most known by the mononym Dean
Titles
* ...
of the school at the time,
Pitt Cobbett
William Pitt Cobbett (26 July 1853 in Adelaide, South Australia – 17 October 1919 in Hobart, Tasmania) was an Australian academic, jurist, and editor.Hutley F. C. (1981.) "Cobbett, William Pitt (1853–1919)" in ''Australian Dictionary of Bio ...
, would by all accounts never have permitted a woman to enrol, he was absent overseas and Evans was able to enter the school. On his return, he declared to Evans "that she did not have the physique for law and would find medicine more suitable".
The rules of practice in force in New South Wales at the time did not comprehend female lawyers, and there was no precedent of women becoming lawyers; when Evans attempted to register as a student-at-law with the
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court i ...
, her application was rejected. Although the rules of practice legislation did not actually disqualify women from becoming lawyers, the
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
at the time held that unless legislation specifically conferred rights or privileges on women, it did not apply to them, for women were not included in the definition of persons.
Despite these setbacks, Evans persisted with her studies, and on 26 December 1902 graduated with a Bachelor of Laws degree, the first woman in Australia to do so.
Admission to New South Wales Bar Association
After graduating, Evans applied for admission to the
New South Wales Bar
The New South Wales Bar Association is a professional body of lawyers responsible for the regulation of the legal profession in the state of New South Wales, Australia. The body administers the bar examination in accordance with the Legal Prof ...
to practise as a
barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
, but again her application was rejected on the basis of her sex. She was similarly prevented from being admitted to the
English Bar
Barristers in England and Wales are one of the two main categories of lawyer in England and Wales, the other being solicitors. Barristers have traditionally had the role of handling cases for representation in court, both defence and prosecutio ...
. Evans and her supporters in women's organisations commenced a campaign for the laws to be changed to specifically allow women to practise. Such laws were enacted in other
Australian states
The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing p ...
to specifically allow the admission of women, and in 1905
Flos Greig became the first female barrister in Australia, when she was admitted to the
Victorian Bar
The Victorian Bar is the bar association of the Australian State of Victoria. The current President of the Bar is Roisin Annesley KC. Its members are barristers registered to practice in Victoria. On 30 June 2020, there were 2,179 counsels ...
(having become the first
Victorian female law graduate in 1903). At this time, Evans also edited a weekly
women's page
The women's page (sometimes called home page or women's section) of a newspaper was a section devoted to covering news assumed to be of interest to women. Women's pages started out in the 19th century as society pages and eventually morphed into ...
in the ''
Australian Star'' newspaper, her work incorporating "an underlying theme that truth and kindness were essential ingredients for human happiness."
The
Parliament of New South Wales
The Parliament of New South Wales is a bicameral legislature in the Australian state of New South Wales (NSW), consisting of the New South Wales Legislative Assembly (lower house) and the New South Wales Legislative Council (upper house). Eac ...
finally altered the law to enable women to practise law, with the passage of the ''
Women's Legal Status Act 1918'' late in 1918. Evans registered as a student-at-law in May 1919 and on 12 May 1921, after the requisite two years as a student, became the first woman to be admitted to the New South Wales Bar. However, although she was offered work as a barrister immediately, she declined to practise, citing her family commitments and the passage of time since her graduation and saying that she didn't want "women's standing in the profession to be undermined by a show of incompetence".
Later life
In 1909, Evans and her brother moved to the town of
Bowral
Bowral () is the largest town in the Southern Highlands of New South Wales, Australia, about ninety minutes southwest of Sydney. It is the main business and entertainment precinct of the Wingecarribee Shire and Highlands.
Bowral once served ...
in the New South Wales
Southern Highlands, where they bought a six hectare farming property called Kurkulla, where she died, aged 75, in 1947. She was cremated in Sydney.
Ada Evans Chambers
In 1998, Sydney barrister Michael Maxwell opened a new barristers chambers in downtown Sydney NSW, named in honour of Ada Evans. The chambers was officially opened on 20 November 1998 by the Honourable Justice
Mary Gaudron
Mary Genevieve Gaudron (born 5 January 1943), is an Australian lawyer and judge, who was the first female Justice of the High Court of Australia. She was the Solicitor-General of New South Wales from 1981 until 1987 before her appointment to ...
of the High Court of Australia. The opening was attended by Katherine Morgan (née Evans), solicitor who was admitted in 1989. She is the first relative of Ada Evans to become a lawyer and is Ada's cousin's great granddaughter. Mrs Morgan presented the Chambers with a copy of Ada Evans' graduation photograph from the University of Sydney.
Ada Evans Chamberscontinues to operate today with a membership of 30 barristers with founding member Michael Maxwell still on the floor.
References
{{DEFAULTSORT:Evans, Ada
1872 births
1947 deaths
Lawyers from Sydney
People from Bowral
People from Wanstead
Sydney Law School alumni
People educated at Sydney Girls High School
English emigrants to colonial Australia