The
High Court of Australia is composed of seven Justices: the
Chief Justice of Australia and six other Justices. There have been 56 Justices who have served as Justices of the High Court since its formation under the ''
Judiciary Act 1903
The ''Judiciary Act 1903'' (Cth) is an Act of the Parliament of Australia that regulates the structure of the Australian judicial system and confers jurisdiction on Australian federal courts. It is one of the oldest pieces of Australian federa ...
''. Under Section 71 of the
Australian Constitution, the judicial power of the
Commonwealth of Australia
Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
is vested in the court, and it has been the
highest court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
in the
Australian court hierarchy
The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on mat ...
since the passing of the ''
Australia Act 1986
The Australia Act 1986 is the short title of each of a pair of separate but related pieces of legislation: one an Act of the Commonwealth (i.e. federal) Parliament of Australia, the other an Act of the Parliament of the United Kingdom. In ...
''.
In a May 2017 speech, Justice
Virginia Bell observed that "few Australians outside the law schools are likely to be able to name the Chief Justice, let alone the
puisne Justices of the High Court".
History
Initially, there were three Justices of the High Court – Chief Justice Sir Samuel Griffith, Justice Sir Edmund Barton and Justice Richard Edward O'Connor.
The number was expanded in 1906, at the request of the Justices, to five, with the appointment of Justices Sir Isaac Isaacs and H. B. Higgins. After O'Connor's death in 1912, an amendment to the ''Judiciary Act 1903'' expanded the bench to seven. For most of 1930, two seats were left vacant due to monetary constraints placed on the court by the Depression. The economic downturn had also led to a reduction in litigation and consequently less work for the court. After Isaacs retired in 1931, his seat was left empty, and in 1933 an amendment to the ''Judiciary Act'' officially reduced the number of seats to six. However, this led to some decisions being split three-all. With the appointment of
William Webb in 1946, the number of seats returned to seven, and since then the court has had seven Justices. there have been 55 Justices, thirteen of whom have been Chief Justice.
Appointments to the court were for life until 1977, when a mandatory retirement age of 70 was established, though several post-1977 Justices have retired before reaching the age of 70 (William Deane resigned as a Justice to be appointed Governor-General).
Composition of the High Court
There have been 56 Justices of the High Court; forty-nine have been men and seven women. The first female Justice was
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 ...
who was a Justice from 1987 to 2003.
Susan Crennan
Susan Maree Crennan (née Walsh; born 1 July 1945), is a former Justice of the High Court of Australia, the highest court in the Australian court hierarchy.
Early life and education
Crennan was born in Melbourne, one of six children born to W ...
was a Justice from 2005 to 2015, and
Virginia Bell from 2009 to 2021. The current
Chief Justice of Australia Susan Kiefel
Susan Mary Kiefel (; born 17 January 1954) is the chief justice of Australia, in office since 30 January 2017. She has served on the High Court since 2007, having previously been a judge of the Supreme Court of Queensland and the Federal Cou ...
is the first woman to have been appointed to the position. She was appointed in 2017 and had been a Justice from 2007 to 2017. Of the seven current Justices, four are women, including the Chief Justice.
Michelle Gordon was appointed in 2015 and
Jacqueline Gleeson
Jacqueline Sarah Gleeson (born 7 March 1966) is an Australian judge. She has been a Justice of the High Court of Australia since 1 March 2021, and was a judge of the Federal Court of Australia, based in Sydney, from April 2014 to February 2021. ...
in 2021, replacing Bell.
Jayne Jagot
Jayne Margaret Jagot () is an Australian judge. She has been a Justice of the High Court of Australia since 17 October 2022. She was previously a judge of the Federal Court of Australia and before that of the Land and Environment Court of New S ...
replaced Justice Keane on the court in 2022, giving women a majority on the High Court for the first time.
13 politicians, serving or former, have been appointed to the High Court of Australia. Nine Justices have served in the
Parliament of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the ...
:
Edmund Barton,
Richard O'Connor
General Sir Richard Nugent O'Connor, (21 August 1889 – 17 June 1981) was a senior British Army officer who fought in both the First and Second World Wars, and commanded the Western Desert Force in the early years of the Second World War. ...
,
Isaac Isaacs
Sir Isaac Alfred Isaacs (6 August 1855 – 11 February 1948) was an Australian lawyer, politician, and judge who served as the ninth Governor-General of Australia, in office from 1931 to 1936. He had previously served on the High Court of Au ...
,
H. B. Higgins,
Edward McTiernan
Sir Edward Aloysius McTiernan, KBE (16 February 1892 – 9 January 1990), was an Australian lawyer, politician, and judge. He served on the High Court of Australia from 1930 to 1976, the longest-serving judge in the court's history.
McTiernan ...
,
H. V. Evatt
Herbert Vere Evatt, (30 April 1894 – 2 November 1965) was an Australian politician and judge. He served as a judge of the High Court of Australia from 1930 to 1940, Attorney-General and Minister for External Affairs from 1941 to 1949, and l ...
,
John Latham,
Garfield Barwick
Sir Garfield Edward John Barwick, (22 June 190313 July 1997) was an Australian judge who was the seventh and longest serving Chief Justice of Australia, in office from 1964 to 1981. He had earlier been a Liberal Party of Australia, Liberal Part ...
, and
Lionel Murphy
Lionel Keith Murphy QC (30 August 1922 – 21 October 1986) was an Australian politician, barrister, and judge. He was a Senator for New South Wales from 1962 to 1975, serving as Attorney-General in the Whitlam Government, and then sat on the ...
. All but Evatt were appointed after their parliamentary service; Evatt resigned from the bench in order to pursue his federal political career, although he had previously served in the
New South Wales Legislative Assembly
The New South Wales Legislative Assembly is the lower of the two houses of the Parliament of New South Wales, an Australian state. The upper house is the New South Wales Legislative Council. Both the Assembly and Council sit at Parliament Ho ...
. In addition to the above, four Justices served in colonial parliaments:
Samuel Griffith
Sir Samuel Walker Griffith, (21 June 1845 – 9 August 1920) was an Australian judge and politician who served as the inaugural Chief Justice of Australia, in office from 1903 to 1919. He also served a term as Chief Justice of Queensland and t ...
,
Charles Powers
Sir Charles Powers (3 March 1853 – 24 April 1939) was an Australian politician and judge who served as Justice of the High Court of Australia from 1913 to 1929.
Early life
Powers was born in 1853 in Brisbane, Queensland. He was educate ...
,
Albert Piddington
Albert Bathurst Piddington KC (9 September 1862 – 5 June 1945) was an Australian lawyer, politician and judge. He was a member of the High Court of Australia for one month in 1913, making him the shortest-serving judge in the court's hi ...
and
Adrian Knox
Sir Adrian Knox KCMG, KC (29 November 186327 April 1932) was an Australian lawyer and judge who served as the second Chief Justice of Australia, in office from 1919 to 1930.
Knox was born in Sydney, the son of businessman Sir Edward Knox. H ...
, although all concluded their political careers more than 10 years prior to their appointments. As of 2020, the most recent Justice to serve in state or federal parliament is Lionel Murphy.
List of Justices
The current judges are listed in bold on the table below.
Current Justices
Seats of the High Court
This following chart illustrates the composition of the High Court. It indicates the seven seats of the court, and who has occupied each seat at different points in the court's existence. The red portions represent the future part of a judge's term and show the date at which they are bound to retire from the court (although they may choose to retire before that date). The blue portions of a judge's term show a period in which that judge was
Chief Justice.
See also
*
High Court of Australia
*
List of law schools attended by Australian High Court Justices
{{Use dmy dates, date=July 2018
There have been 49 men and seven women who have been appointed as justices of the High Court of Australia. Together, the judges are alumni of six Australian universities, two universities in the United Kingdom, th ...
*
List of Chief Justices of Australia by time in office
*
List of jurists
The following lists are of prominent jurists, including judges, listed in alphabetical order by jurisdiction.
Premodern
*Ur-Nammu
*Hammurabi
* Solomon
* Ancient India
** Manu
** Chanakya
*Ancient Greece:
**Draco
**Lycurgus
**Solon
*Ancient Rome ...
References
External links
High Court of Australia – official website
{{DEFAULTSORT:High Court of Australia,Judges
Lists of judges of Australian superior courts
Lists of office-holders in Australia
Lists of Australian judges
Australia