List of justices of the High Court of Australia

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Official photograph of the first session of the High Court of Australia in the Banco Court, Supreme Court of Victoria, 6 October 1903. The mounting is autographed by the three foundation justices: from left to right, Edmund Barton, Samuel Griffith and Richard O'Connor. Opening hca melb.jpg
Official photograph of the first session of the High Court of Australia in the Banco Court, Supreme Court of Victoria, 6 October 1903. The mounting is autographed by the three foundation justices: from left to right, Edmund Barton, Samuel Griffith and Richard O'Connor.

The High Court of Australia is composed of seven justices: the chief justice of Australia and six other justices. There have been 57 justices who have served as justices of the High Court since its formation under the Judiciary Act 1903 . Under Section 71 of the Australian Constitution, the judicial power of the Commonwealth of Australia is vested in the court, [1] and it has been the highest court in the Australian court hierarchy since the passing of the Australia Act 1986 .

Contents

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". [2]

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. [3] 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. [4] As of 2021 there have been 55 justices, 13 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 57 justices of the High Court; fifty have been men and seven women. The first female justice was Mary Gaudron who was a justice from 1987 to 2003. Susan Crennan was a justice from 2005 to 2015, and Virginia Bell from 2009 to 2021. Susan Kiefel was the first woman to be appointed Chief Justice of Australia. She was appointed in 2017 and had been a justice from 2007 to 2017. Of the seven current justices, four are men, including the chief justice, and three are women. Michelle Gordon was appointed in 2015 and Jacqueline Gleeson in 2021, replacing Bell. Jayne Jagot replaced Justice Keane on the court in 2022, giving women a majority on the High Court for a period of just over a year.

Thirteen politicians, serving or former, have been appointed to the High Court of Australia. Nine justices have served in the Parliament of Australia: Edmund Barton, Richard O'Connor, Isaac Isaacs, H. B. Higgins, Edward McTiernan, H. V. Evatt, John Latham, Garfield Barwick, and Lionel Murphy. 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. In addition to the above, four justices served in colonial parliaments: Samuel Griffith, Charles Powers, Albert Piddington and Adrian Knox, although all concluded their political careers more than 10 years prior to their appointments. The most recent justice to serve in state or federal parliament is Lionel Murphy.

The majority of justices have come from the eastern states, particularly New South Wales (29 justices), Victoria (16 justices) and Queensland Queensland (8 justices). It was not until 1979 that a justice was appointed from Western Australia. There has never been a justice from South Australia. Robert Beech-Jones was born in Tasmania but went to university in Canberra and spent most of his career in Sydney.

Most justices had previously served as judges of other Australian courts prior to their appointment to the High Court. Prior to the creation of the Federal Court of Australia in 1976, this was primarily the Supreme Courts of the States. Since 1976, a number of justices of the Federal Court have been appointed to the High Court. A small number of justices served on both a State Supreme Court and the Federal Court before being appointed to the High Court.

List of justices

The current judges are listed in bold on the table below.

#ImageNameStateBirth – deathPositionTerm
began
Term
ended
Time in office PM at app'tPrev.
experience
Notes
1 Sir Samuel Walker Griffith.jpg Sir Samuel Griffith Qld 1845–1920Chief justice5 October 190317 October 191916 years, 12 days Deakin Chief justice,
Sup Ct of Qld
2 Justice Barton (b&w).jpg Sir Edmund Barton NSW 1849–1920Justice5 October 19037 January 192016 years, 94 days Deakin NoneFormer prime minister
Died in office
3 Richard o'connor.jpg Richard O'Connor NSW 1851–1912Justice5 October 190318 November 19129 years, 44 days Deakin NoneDied in office
4 Ac.isaacs.jpg Sir Isaac Isaacs Vic 1855–1948Justice12 October 190621 January 193124 years, 101 days [lower-alpha 1] Deakin NoneResigned to be appointed governor-general
Chief justice2 April 193021 January 1931294 days Scullin
5 Portrait of Henry Bournes Higgins (cropped).jpg H. B. Higgins Vic 1851–1929Justice13 October 190613 January 192922 years, 92 days Deakin NoneDied in office
6 Frank gavan duffy.jpg Sir Frank Gavan Duffy Vic 1852–1936Justice11 February 19131 October 193522 years, 232 days [lower-alpha 1] Fisher None
Chief justice22 January 19311 October 19354 years, 252 days Scullin
7 Charlespowers.jpg Sir Charles Powers Qld 1853–1939Justice5 March 191322 July 192916 years, 139 days Fisher None
8* Albert Piddington.jpg Albert Piddington NSW 1862–1945Justice6 March 19135 April 191330 days [lower-alpha 2] Fisher NoneResigned before sitting
9 George Rich.jpg Sir George Rich NSW 1863–1956Justice5 April 19135 May 195037 years, 30 days Fisher Sup Ct of NSW
10 SirAdrianKnox.jpg Sir Adrian Knox NSW 1863–1932Chief justice18 October 191931 March 193010 years, 164 days Hughes None
11 Hayden Starke.jpg Sir Hayden Starke Vic 1871–1958Justice5 February 192031 January 195029 years, 360 days Hughes None
12 Dixon 01.jpg Sir Owen Dixon Vic 1886–1972Justice4 February 192913 April 196435 years, 69 days [lower-alpha 1] Bruce None
Chief justice18 April 195213 April 196411 years, 361 days [lower-alpha 1] Menzies
13 Herbert V. Evatt.jpg H. V. Evatt NSW 1894–1965Justice19 December 19302 September 19409 years, 258 days Scullin NoneResigned to return to politics
14 Edward McTiernan 1954.jpg Sir Edward McTiernan NSW 1892–1990Justice20 December 193012 September 197645 years, 267 days Scullin None
15 CJSJohnLatham.jpg Sir John Latham Vic 1877–1964Chief justice11 October 19357 April 195216 years, 179 days Lyons None
16 HCA bench 1952 (cropped).jpg Sir Dudley Williams NSW 1889–1963Justice15 October 194031 July 195817 years, 289 days Menzies Sup Ct of NSW
17 William Webb.jpg Sir William Webb Qld 1887–1972Justice16 May 194616 May 195812 years, 0 days Chifley Chief justice,
Sup Ct of Qld
18 No image.svg Sir Wilfred Fullagar Vic 1892–1961Justice8 February 19509 July 196111 years, 151 days Menzies Sup Ct of Vic Died in office
19 No image.svg Sir Frank Kitto NSW 1903–1994Justice10 May 19501 August 197020 years, 83 days Menzies None
20 No image.svg Sir Alan Taylor NSW 1901–1969Justice3 September 19523 August 196916 years, 334 days Menzies Sup Ct of NSW Died in office
21 No image.svg Sir Douglas Menzies Vic 1907–1974Justice12 June 195829 November 197416 years, 170 days Menzies NoneDied in office
22 Victor Windeyer 016473.JPG Sir Victor Windeyer NSW 1900–1987Justice8 September 195829 February 197213 years, 174 days Menzies None
23 No image.svg Sir William Owen NSW 1899–1972Justice22 September 196131 March 197210 years, 191 days Menzies Sup Ct of NSW Died in office
24 Garfield Barwick 1959.jpg Sir Garfield Barwick NSW 1903–1997Chief justice27 April 196411 February 198116 years, 290 days Menzies None
25 No image.svg Sir Cyril Walsh NSW 1909–1973Justice20 September 196929 November 19734 years, 70 days Gorton Sup Ct of NSW
NSW Ct of App
Died in office
26 No image.svg Sir Harry Gibbs Qld 1917–2005Justice4 August 19705 February 198716 years, 185 days [lower-alpha 1] Gorton Fed Ct of BK
Sup Ct of Qld
Chief justice12 February 19815 February 19875 years, 358 days [lower-alpha 1] [lower-alpha 3] Fraser
27 Sir Ninian Stephen.jpg Sir Ninian Stephen Vic 1923–2017Justice1 March 197211 May 198210 years, 71 days McMahon Sup Ct of Vic Resigned to be appointed governor-general
28 Anthony Mason, Solicitor-General of Australia (cropped).jpg Sir Anthony Mason NSW 1925–Justice7 August 197220 April 199522 years, 256 days [lower-alpha 1] McMahon Sup Ct of NSW
NSW Ct of App
Chief justice6 February 198720 April 19958 years, 73 days [lower-alpha 3] Hawke
29 No image.svg Sir Kenneth Jacobs NSW 1917–2015Justice8 February 19746 April 19795 years, 57 days Whitlam Sup Ct of NSW
NSW Ct of App
30 Lionel Murphy 1973 (cropped).jpg Lionel Murphy NSW 1922–1986Justice10 February 197521 October 198611 years, 253 days Whitlam NoneDied in office
31 No image.svg Sir Keith Aickin Vic 1916–1982Justice20 September 197618 June 19825 years, 271 days Fraser NoneDied in office
32 No image.svg Sir Ronald Wilson WA 1922–2005Justice21 May 197913 February 19899 years, 268 days [lower-alpha 3] Fraser None
33 No image.svg Sir Gerard Brennan Qld 1928–2022Justice12 February 198121 May 199817 years, 98 days [lower-alpha 1] [lower-alpha 3] Fraser Fed Ct
Chief justice21 April 199521 May 19983 years, 30 days [lower-alpha 3] Keating
34 William Deane official portrait.jpg Sir William Deane NSW 1931–Justice25 June 198211 November 199513 years, 139 days [lower-alpha 3] Fraser Fed Ct Resigned to be appointed governor-general
35 No image.svg Sir Daryl Dawson Vic 1933–Justice30 July 198215 August 199715 years, 16 days [lower-alpha 3] Fraser None
36 No image.svg John Toohey WA 1930–2015Justice6 February 19872 February 199810 years, 361 days [lower-alpha 3] Hawke Fed Ct
37 Mary Gaudron (2011).jpg Mary Gaudron NSW 1943–Justice6 February 198731 January 200315 years, 359 days [lower-alpha 3] Hawke None
38 No image.svg Michael McHugh NSW 1935–Justice14 February 198931 October 200516 years, 259 days [lower-alpha 3] Hawke Sup Ct of NSW
NSW Ct of App
39 No image.svg William Gummow NSW 1942–Justice21 April 19958 October 201217 years, 170 days [lower-alpha 3] Keating Fed Ct
40 The Hon Michael D. Kirby AC CMG (cropped).jpg Michael Kirby NSW 1939–Justice6 February 19962 February 200912 years, 362 days [lower-alpha 3] Keating Sup Ct of NSW
Pres, NSW Ct of App
41 Kenneth Hayne portrait.jpg Kenneth Hayne Vic 1945–Justice22 September 19975 June 201517 years, 256 days [lower-alpha 3] Howard Sup Ct of Vic
Vic Ct of App
42 IanCallinan.jpg Ian Callinan Qld 1937–Justice3 February 199831 August 2007 [5] 9 years, 209 days [lower-alpha 3] Howard None
43 Murray Gleeson.jpg Murray Gleeson NSW 1938–Chief justice22 May 199829 August 2008 [6] 10 years, 99 days [lower-alpha 3] Howard Chief justice,
Sup Ct of NSW
44 Dyson Heydon NSW 1943–Justice1 February 200328 February 201310 years, 27 days [lower-alpha 3] Howard Sup Ct of NSW
NSW Ct of App
45 SusanCrennan2014.jpg Susan Crennan Vic 1945–Justice1 November 20052 February 20159 years, 93 days [lower-alpha 3] Howard Fed Ct
46 Susan Kiefel 2011.jpg Susan Kiefel Qld 1954–Justice4 September 20075 November 202316 years, 62 days [lower-alpha 1] [lower-alpha 3] Howard Sup Ct of Qld
Fed Ct
Chief justice30 January 20175 November 20236 years, 279 days [lower-alpha 3] Turnbull
47 Robert French.jpg Robert French WA 1947–Chief justice8 September 2008 [6] 29 January 20178 years, 143 days [lower-alpha 3] Rudd Fed Ct
48 BellJ.jpg Virginia Bell NSW 1951–Justice3 February 2009 [7] 28 February 202112 years, 25 days [lower-alpha 3] Rudd Sup Ct of NSW
NSW Ct of App
49 GagelerSwearingIn.jpg Stephen Gageler NSW 1958–Justice9 October 2012 [8] Incumbent11 years, 205 days [lower-alpha 3] Gillard None
Chief justice6 November 2023Incumbent177 days [lower-alpha 3] Albanese
50 No image.svg Patrick Keane Qld 1952–Justice1 March 201317 October 2022 [9] 9 years, 230 days [lower-alpha 3] Gillard Sup Ct of Qld
Fed Ct
51 No image.svg Geoffrey Nettle Vic 1950–Justice3 February 201530 November 20205 years, 301 days [lower-alpha 3] Abbott Sup Ct of Vic
52 No image.svg Michelle Gordon Vic 1964–Justice9 June 2015Incumbent8 years, 327 days [lower-alpha 3] Abbott Fed Ct
53 James Edelman WA 1974–Justice30 January 2017Incumbent7 years, 92 days [lower-alpha 3] Turnbull Fed Ct
Sup Ct of WA
54 Simon Steward Vic 1969–Justice1 December 2020Incumbent3 years, 152 days [lower-alpha 3] Morrison Fed Ct
55 Jacqueline Gleeson NSW 1966–Justice1 March 2021Incumbent3 years, 61 days [lower-alpha 3] Morrison Fed Ct
56 Jayne Jagot NSW 1964/65–Justice17 October 2022Incumbent1 year, 197 days [lower-alpha 3] Albanese Fed Ct
NSW LEC
57 Robert Beech-Jones NSW c.1964Justice6 November 2023Incumbent177 days [lower-alpha 3] Albanese Sup Ct of NSW
  1. 1 2 3 4 5 6 7 8 9 Terms as puisne justice and chief justice combined
  2. Albert Piddington resigned from the High Court before being sworn in. He never sat on the High Court bench.
  3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Justices to whom mandatory retirement (age 70) applied/applies; appointments since 1977

Current justices

NameStateDate appointedMandatory retirementAppointing
Governor-General
Nominating
Prime Minister
Previous posting(s)Education
Stephen Gageler AC
(Chief Justice)
NSW 6 November 2023
(as Chief Justice)
9 October 2012
(as Justice)
5 July 2028 David Hurley (as Chief Justice)
Quentin Bryce (as Justice)
Anthony Albanese (Labor, as Chief Justice)
Julia Gillard (Labor, as Justice)
Solicitor-General of Australia Australian National University
Harvard University
Michelle Gordon AC Vic 9 June 201519 November 2034 Peter Cosgrove Tony Abbott (Liberal) Federal Court of Australia University of Western Australia
James Edelman WA 30 January 20179 January 2044 Malcolm Turnbull (Liberal) Supreme Court of Western Australia
Federal Court of Australia
University of Western Australia
Murdoch University
University of Oxford
Simon Steward Vic 1 December 2020 [10] 9 January 2039 [11] David Hurley Scott Morrison (Liberal) Federal Court of Australia University of Melbourne
Jacqueline Gleeson NSW 1 March 20216 March 2036 University of Sydney
Jayne Jagot NSW 17 October 202219 June 2035 [12] Anthony Albanese (Labor) Federal Court of Australia
Land and Environment Court of New South Wales
Macquarie University
University of Sydney
Robert Beech-Jones NSW 6 November 2023by 12 March 2035 [13] Supreme Court of New South Wales Australian National University

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.

Jayne JagotPatrick KeaneDyson HeydonMary GaudronHarry GibbsFrank KittoGeorge RichAlbert PiddingtonJacqueline GleesonVirginia BellMichael Kirby (judge)William DeaneNinian StephenVictor WindeyerDudley WilliamsH.V. EvattCharles PowersJames EdelmanRobert FrenchMurray GleesonGerard BrennanGarfield BarwickOwen DixonH.B. HigginsRobert Beech-JonesSusan KiefelIan CallinanJohn TooheyLionel MurphyDouglas MenziesWilliam Webb (judge)Isaac IsaacsSimon Steward (judge)Geoffrey NettleSusan CrennanMichael McHughRonald WilsonKenneth JacobsCyril WalshAlan Taylor (jurist)John Latham (judge)Frank Gavan DuffyRichard O'Connor (Australian politician)Stephen GagelerWilliam GummowAnthony MasonWilliam Owen (judge)Wilfred FullagarHayden StarkeEdmund BartonMichelle GordonKenneth HayneDaryl DawsonKeith AickinEdward McTiernanAdrian KnoxSamuel GriffithList of justices of the High Court of Australia

See also

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References

  1. Commonwealth of Australia Constitution Act (Cth) s 71
  2. Bell, Virginia (29 May 2017). "Examining the Judge: Launch of Issue 40(2) UNSW Law Journal" (PDF). High Court of Australia. Retrieved 30 May 2020.
  3. "History of the High Court". High Court. Retrieved 26 October 2016.
  4. Dixon, R; Williams, G, eds. (2015). The High Court, the Constitution and Australian Politics. Cambridge University Press. pp. 78–80, 118–119, 141–143, 160, 161. ISBN   9781107043664. Archived from the original on 5 February 2021. Retrieved 14 September 2020.
  5. "Callinan retires from High Court", Australian Broadcasting Corporation, 31 August 2007. Retrieved 31 August 2007.
  6. 1 2 "Chief Justice honoured at retirement ceremony". ABC News. 29 August 2008. Retrieved 30 August 2008.
  7. "Michael Kirby leaves High Court bench with 'faith' in law intact". The Australian . 2 February 2009. Retrieved 2 February 2009.
  8. "Solicitor-General Gagelar appointed to High Court". ABC News. 21 August 2012. Retrieved 21 August 2012.
  9. Pelly, Michael (13 October 2022). "Keane laments exit after 'wonderful' innings on High Court". Australian Financial Review. Nine Entertainment Company. Retrieved 17 October 2022.
  10. Morrison, Scott (28 October 2020). "Press Conference - Australian Parliament House, ACT". Prime Minister of Australia. Commonwealth of Australia. Retrieved 28 October 2020.
  11. "Federal Court of Australia". Australian Government Directory. Commonwealth of Australia. Retrieved 28 October 2020.
  12. "Federal Court of Australia | Directory". Commonwealth of Australia. 17 October 2022. Archived from the original on 17 October 2022. Retrieved 17 October 2022.
  13. Bell, Andrew (19 October 2023). "FAREWELL CEREMONIAL SITTING FOR THE HON. JUSTICE ROBERT BEECH-JONES, CHIEF JUDGE AT COMMON LAW" (PDF). Supreme Court of New South Wales. Archived from the original (PDF) on 1 November 2023. Retrieved 11 April 2024.