Susan Kiefel
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Susan Mary Kiefel (; born 17 January 1954) is the
chief justice of Australia The Chief Justice of Australia is the presiding Justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. The incumbent is Susan Kiefel, who is the first woman to hold the position. Co ...
, 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 The Supreme Court of Queensland is the highest court in the Australian State of Queensland. It was formerly the Brisbane Supreme Court, in the colony of Queensland. The original jurisdiction of the Supreme Court allows its trial division to he ...
and the Federal Court. Kiefel is the first woman to serve as Chief Justice.


Early life and education

Kiefel was born in
Cairns Cairns (, ) is a city in Queensland, Australia, on the tropical north east coast of Far North Queensland. The population in June 2019 was 153,952, having grown on average 1.02% annually over the preceding five years. The city is the 5th-most-p ...
,
Queensland ) , nickname = Sunshine State , image_map = Queensland in Australia.svg , map_caption = Location of Queensland in Australia , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_ ...
, in 1954. She attended
Sandgate District State High School Sandgate District State High School (SDSHS) is a secondary school located in Deagon, Brisbane, Queensland, Australia. Its motto is "''Industria Floremus''", which translates to "hard work brings success", or more literally "through industry we ...
, leaving at the age of 15 upon completing year 10. In 1971, she completed secretarial training at Kangaroo Point
Technical College An institute of technology (also referred to as: technological university, technical university, university of technology, technological educational institute, technical college, polytechnic university or just polytechnic) is an institution of te ...
on a
scholarship A scholarship is a form of financial aid awarded to students for further education. Generally, scholarships are awarded based on a set of criteria such as academic merit, diversity and inclusion, athletic skill, and financial need. Scholarsh ...
. She worked as a secretary for a
building society A building society is a financial institution owned by its members as a mutual organization. Building societies offer banking and related financial services, especially savings and mortgage lending. Building societies exist in the United Kingdo ...
, an architect, and an exploration company before starting work as a receptionist for a group of barristers. During this time, she completed
secondary school A secondary school describes an institution that provides secondary education and also usually includes the building where this takes place. Some secondary schools provide both '' secondary education, lower secondary education'' (ages 11 to 14) ...
and began studying law. In 1973, Kiefel joined a firm of solicitors as a legal clerk. Completing her education at night, she enrolled in the Barristers Admission Board course and passed her course with honours. In 1984, while on sabbatical leave, she completed a
Master of Laws A Master of Laws (M.L. or LL.M.; Latin: ' or ') is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In mos ...
(LLM) at the
University of Cambridge , mottoeng = Literal: From here, light and sacred draughts. Non literal: From this place, we gain enlightenment and precious knowledge. , established = , other_name = The Chancellor, Masters and Schola ...
, where she was awarded the C.J. Hamson Prize in
Comparative Law Comparative law is the study of differences and similarities between the law (legal systems) of different countries. More specifically, it involves the study of the different legal "systems" (or "families") in existence in the world, including the ...
and the Jennings Prize. In 2008, she was elected to an honorary fellowship of
Wolfson College, Cambridge Wolfson College () is a colleges of the University of Cambridge, constituent college of the University of Cambridge in Cambridge, England. The majority of students at the college are postgraduate education, postgraduates. The college also a ...
. She is a life fellow of the
Australian Academy of Law The Australian Academy of Law (AAL) is a permanent, non-government organisation devoted to the advancement of the discipline of law. According to its Constitution, the Australian Academy of Law comprises individuals of exceptional distinction from a ...
.


Career


Legal and judicial career

Kiefel was admitted to the bar in 1975. She became an honorary secretary of the Queensland Bar Association in 1978 and served on its committee in 1993. She was appointed as the first female
Queen's Counsel In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of ...
in
Queensland ) , nickname = Sunshine State , image_map = Queensland in Australia.svg , map_caption = Location of Queensland in Australia , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_ ...
in 1987 and was appointed to the
Human Rights and Equal Opportunity Commission The Australian Human Rights Commission is the national human rights institution of Australia, established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC) and renamed in 2008. It is a statutory body funded by, but oper ...
in 1989. In May 1993, Kiefel was appointed to the
Supreme Court of Queensland The Supreme Court of Queensland is the highest court in the Australian State of Queensland. It was formerly the Brisbane Supreme Court, in the colony of Queensland. The original jurisdiction of the Supreme Court allows its trial division to he ...
. The following year she was appointed by the Keating
Government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
to the
Supreme Court of Norfolk Island The Supreme Court of Norfolk Island is the superior court for the Australian territory of Norfolk Island. It has unlimited jurisdiction within the territory in civil matters and hears the most serious criminal matters. (NI) s 5 Jurisdiction of ...
and was one of the first women to be appointed to the
Federal Court of Australia The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indic ...
on 17 October 1994, after Justice Deirdre O'Connor. In October 2001, Kiefel was appointed Deputy President of the
Australian Federal Police The Australian Federal Police (AFP) is the national and principal federal law enforcement agency of the Australian Government with the unique role of investigating crime and protecting the national security of the Commonwealth of Australia. Th ...
Disciplinary Tribunal and became its president in April 2004. In 2003, Kiefel was appointed as a part-time commissioner of the
Australian Law Reform Commission The Australian Law Reform Commission (often abbreviated to ALRC) is an Australian independent statutory body established to conduct reviews into the law of Australia. The reviews, also called inquiries or references, are referred to the ALRC by ...
, and was re-appointed for a further three years in 2006. In August 2009, Justice Kiefel was granted an honorary doctorate from
Griffith University Griffith University is a public research university in South East Queensland on the east coast of Australia. Formally founded in 1971, Griffith opened its doors in 1975, introducing Australia's first degrees in environmental science and Asian s ...
. Justice Kiefel was chosen to recognise her distinguished contributions to the legal profession and for leading the way for women in the industry. On 13 June 2011, she was named a
companion of the Order of Australia The Order of Australia is an honour that recognises Australian citizens and other persons for outstanding achievement and service. It was established on 14 February 1975 by Elizabeth II, Queen of Australia, on the advice of the Australian Gove ...
for eminent service to the law and to the judiciary, to law reform and to legal education in the areas of ethics, justice and governance.


Appointment to the High Court

On 13 August 2007,
Attorney-General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
Philip Ruddock Philip Maxwell Ruddock (born 12 March 1943 in Canberra) is an Australian politician and the current mayor of Hornsby Shire. Ruddock is a member of the Liberal Party of Australia and currently the state president of the party's New South W ...
announced Kiefel as the nominee to the High Court of Australia to replace the retiring High Court Justice Ian Callinan. Kiefel had previously been considered a favourite nominee to replace former High Court 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 ...
when she retired in 2003, and again in 2005 as replacement for Justice Michael McHugh. Kiefel is the third female High Court Justice and the forty-sixth overall. Her appointment alongside incumbent Justice
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 ...
marked the first time two women sat concurrently on the High Court bench. Kiefel's nomination was met with support from the
Australian Bar Association The Australian Bar Association (ABA) is the peak body representing more than 6,000 barristers throughout Australia. The ABA was established in 1963 to serve, promote and represent its members, and advocate for fair and equal justice for all. ...
amid criticism of the lack of consultation by the Australian government. She was considered a conservative "
black-letter Blackletter (sometimes black letter), also known as Gothic script, Gothic minuscule, or Textura, was a script used throughout Western Europe from approximately 1150 until the 17th century. It continued to be commonly used for the Danish, Norweg ...
" judge. She may remain on the High Court until 2024, when she will reach the constitutionally mandatory retirement age of 70.


Chief Justice of Australia

On 29 November 2016, Prime Minister
Malcolm Turnbull Malcolm Bligh Turnbull (born 24 October 1954) is an Australian former politician and businessman who served as the 29th prime minister of Australia from 2015 to 2018. He held office as leader of the Liberal Party of Australia. Turnbull grad ...
and Attorney-General
George Brandis George Henry Brandis (born 22 June 1957) is a former Australian politician. He was a Senator for Queensland from 2000 to 2018, representing the Liberal Party, and was a cabinet minister in the Abbott and Turnbull governments. He was later Hi ...
announced Kiefel's appointment as
Chief Justice of Australia The Chief Justice of Australia is the presiding Justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. The incumbent is Susan Kiefel, who is the first woman to hold the position. Co ...
. The appointment took effect from 30 January 2017, following the retirement of
Robert French Robert Shenton French (born 19 March 1947) is an Australian lawyer and judge who served as the twelfth Chief Justice of Australia, in office from 2008 to 2017. He has been the chancellor of the University of Western Australia since 2017. Fren ...
. Kiefel is the first woman to be appointed as Chief Justice. Her seat on the court was filled by
James Edelman James Joshua Edelman (born 9 January 1974) has been a justice of the High Court of Australia since 30 January 2017, and is a former justice of the Federal Court of Australia and the Supreme Court of Western Australia. He is noted for his various ...
. Giving the inaugural Lord Atkin Lecture in November 2017, Kiefel expressed her disapproval of the prevalence of judicial dissent, which she believes should be reserved for only the most important cases. She said law students should devote more attention to "mundane majority opinion", and described judges who frequently dissent as "somewhat self-indulgent". She further observed that "humorous dissent may provide the author with fleeting popularity, but it may harm the image the public has of the court and its judges". An article in May 2018 noted that Kiefel had dissented in only two out of 164 cases before the High Court since 2014, classing her as one of the court's "great assenters" along with Patrick Keane and Virginia Bell. She was one of three dissenters in ''
Love v Commonwealth ''Love v Commonwealth; Thoms v Commonwealth'' is a High Court of Australia case that held that Aboriginal Australians could not be classified as aliens under section 51(xix) of the Australian Constitution. The case was decided on 11 February 2 ...
'' (2020), which found that
Aboriginal Australians Aboriginal Australians are the various Indigenous peoples of the Australian mainland and many of its islands, such as Tasmania, Fraser Island, Hinchinbrook Island, the Tiwi Islands, and Groote Eylandt, but excluding the Torres Strait Islands ...
are not subject to the aliens power in section 51(xix) of the constitution. She stated that the majority had confused property rights with citizenship rights, and said that "race is irrelevant to the questions of citizenship and membership of the Australian body politic". In June 2020, Kiefel announced that the High Court had in 2019 commissioned an independent investigation into sexual misconduct allegations against her former colleague
Dyson Heydon John Dyson Heydon (born 1 March 1943) is a former Australian judge and barrister who served on the High Court of Australia from 2003 to 2013 and the New South Wales Court of Appeal from 2000 to 2003, and previously served as Dean of the Sydney ...
. The inquiry, led by Vivienne Thom, concluded that Heydon had sexually harassed six female associates. In a statement, Kiefel said that she had apologised to the women on behalf of the court and that it had adopted recommendations from the inquiry.


Personal life

While at Wolfson College, Kiefel met her future husband, Michael Albrecht, a
social anthropologist Social anthropology is the study of patterns of behaviour in human societies and cultures. It is the dominant constituent of anthropology throughout the United Kingdom and much of Europe, where it is distinguished from cultural anthropology. In t ...
, when she became a member of the college rowing crew and Albrecht was her coach.


See also

*
List of first women lawyers and judges by nationality This is a list of the first women lawyer(s) and judge(s) in each country. It includes the year in which the women were admitted to practice law (in parentheses). Also included are the first women in their country to achieve a certain distinction su ...


References

{{DEFAULTSORT:Kiefel, Susan Women chief justices Australian King's Counsel Justices of the High Court of Australia Judges of the Federal Court of Australia Judges of the Supreme Court of Queensland Companions of the Order of Australia Fellows of the Australian Academy of Law Alumni of Wolfson College, Cambridge People from Cairns 1954 births Living people Chief justices of Australia Australian women judges Judges of the Supreme Court of Norfolk Island 20th-century Australian judges 21st-century Australian judges 20th-century women judges 21st-century women judges 20th-century Australian women