Honourable Michelle Gordon Appointed as Justice of the High Court

In a Media Release of 14 April 2015, Attorney-General George Brandis announced that Federal Court Judge Michelle Gordon will replace Justice Kenneth Hayne, who will retire on 5 June 2015. When she takes her seat on the bench on 9 June 2015 as the 52nd justice of the High Court of Australia, she will return the number of women sitting on the High Court to three out of seven judges.

Background to the Decision

The Attorney-General’s decision to appoint Justice Gordon suggests that the Government may have taken heed of calls for gender diversity in appointments following criticism from some quarters that the court’s second woman judge, Justice Susan Crennan, was replaced by Justice Geoffrey Nettle. That the new judge is married to the judge she is replacing adds a novel and unprecedented dimension to the appointment.

Justice Gordon is the fifth woman appointed to the High Court of Australia over the course of 112 years, and the third appointment by the conservative side of politics. 

Credentials of the High Court’s Newest Judge

Justice Gordon has enjoyed a distinguished career in the law, both at the Bar and on the Bench.

Justice Gordon was born and educated in Perth and graduated from the University of Western Australia with a Bachelor of Jurisprudence in 1986 and a Bachelor of Laws in 1987.

Her Honour started her legal career at the then leading commercial law practice Robinson Cox (now Clayton Utz) in 1987. In 1988, she moved to Melbourne to practice at Arthur Robinson & Hedderwicks (now Allens). She worked in commercial litigation, and was appointed a Senior Associate at that firm in July 1992. Her Honour was then called to the Victorian Bar in November 1992.

Her Honour quickly became one of the leaders at the Bar, establishing a busy practice specialising in commercial law, trade practices and taxation. In 2003, Her Honour took silk after only 11 years. In April 2007, Justice Gordon was appointed to the Federal Court of Australia and the contribution Her Honour has made to the development of the law, particularly in commercial law, is widely recognised by her colleagues on the Bench and at the Bar.

Comment by the Attorney-General

In justifying the appointment, the Attorney-General emphasised that Justice Gordon would:

Appointments that redress the gender imbalance should be welcomed and the most recent appointment is no exception. This appointment does not negate the need for continuing conversations around the importance of diversity, and about what diversity might truly look like in the High Court and other crucial senior positions.

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Two-for-one: a good new High Court judge, and a woman to boot – Article from theconversation.com

Justice Michelle Gordon appointed to the High Court of Australia – Article from womensagenda.com.au

Attorney-General Media Release – 14 April 2015