Monika Schmidt was a judge of 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 ...

from 2009 until 2019, appointed to the Common Law Division, having previously been a judge of the

Industrial Court of New South Wales The Industrial Court of New South Wales was a court within the Australian court hierarchy that exercised the judicial functions of the Industrial Relations Commission of New South Wales within the Australian state of New South Wales. The Comm ...

for 16 years.

Early life and education

Schmidt was educated at the University of Sydney and received her LL.B. in 1979.

Career

Schmidt was a partner at

Minter Ellison MinterEllison is a multinational law firm, and professional services firm, based in Australia. The firm has fifteen offices and operates in five countries. By number of lawyers it is the largest law firm in Australia. History MinterEllison is ...

, a firm of solicitors, specialising in industrial and employment law, including lecturing 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 ...

Industrial Court of NSW

Schmidt was appointed as a judge of the

in 1993, aged 32. The Industrial Court of NSW had the equivalent status of the Supreme Court of NSW. Schmidt was involved with the

Judicial Commission of New South Wales The Judicial Commission of New South Wales is an independent statutory corporation of the New South Wales Government that provides sentencing information and continuing education to and examines complaints made against judicial officers in New So ...

, in 1996 becoming a member of the advisory committee on judicial education and as a member of the Conduct Division dealing with complaints about judicial officers. In 1998 Schmidt was received a dual appointment as a Deputy President of the

Australian Industrial Relations Commission The Australian Industrial Relations Commission (AIRC), known from 1956 to 1973 as the Commonwealth Conciliation and Arbitration Commission and from 1973 to 1988 as the Australian Conciliation and Arbitration Commission, was a tribunal with powers ...

. Schmidt joined Justice Leone Glynn in a dissenting judgement on an important question of the jurisdiction of the Court, a dissent that was subsequently approved by the

NSW Court of Appeal The New South Wales Court of Appeal, part of the Supreme Court of New South Wales, is the highest court for civil matters and has appellate jurisdiction in the Australian state of New South Wales. Jurisdiction The Court of Appeal operates pursu ...

Supreme Court of NSW

Schmidt was appointed as an acting judge of the

, sitting for four months in 2009 before being permanently appointed to the Common Law Division from 27 July 2009. In 2013, Schmidt delivered a judgment in the

NSW Court of Criminal Appeal The New South Wales Court of Criminal Appeal, part of the Supreme Court of New South Wales, is the highest court for criminal matters and has appellate jurisdiction in the Australian State of New South Wales. Jurisdiction The Court hears appea ...

which was scathing of the remarks on sentence by District Court judge Garry Neilson, who had found that the seriousness of an incest offence was reduced "because there had been no ejaculation involved ... and because there was no rough handling involved", describing the remarks as having no foundation and not the subject of any evidence, one of a number of judgments that resulted in the suspension of Judge Neilson from criminal trials. In 2014, Schmidt rejected an application that she refer a case to a male judge, because, as a female judge, she was suspected of being a feminist with leftist leanings. Schmidt noted that a judge was obligated under their oath of office obliged to determine issues impartially regardless of their personal views. Schmidt retired on 11 September 2019.

References

{{DEFAULTSORT:Schmidt, Monika 1956 births Living people German emigrants to Australia Judges of the Supreme Court of New South Wales Australian women judges Honorary Members of the Order of Australia