Senate debates

Tuesday, 29 November 2016

Questions without Notice

High Court of Australia

2:06 pm

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party) Share this | | Hansard source

My question is also to the Attorney-General, but it is a serious question. Attorney, I understand that you have some good news for us in relation to appointments to the High Court. I wonder if you could elaborate for the Senate?

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

Mr President, I wonder if I might, with the indulgence of the Senate, wish the Father of the Senate a happy birthday. I hope, Senator Macdonald, because it is your birthday, Senator Wong will not be quite so rude to you today! Senator Macdonald, I can indeed advise the Senate that this morning the Prime Minister and I announced the appointment of the 13th Chief Justice of Australia, who will be the Hon. Susan Kiefel—a judge of the High Court of Australia since 2007. The appointment of any Chief Justice is a very significant moment in the history of the nation. When we consider that there are three branches of government, and this is the appointment of the head of one of the three branches of government, the appointment of a new Chief Justice of Australia is a great day in the life of the nation. If I may say so, what lends particular grace to today is the fact that this is the first woman to occupy the office of Chief Justice of Australia.

Justice Kiefel, who I have known for more than 25 years, is an eminent person who will be fine occupant of that office. I also stress that Justice Kiefel was not chosen because of her gender—Justice Kiefel was chosen because of her eminence. But her life story and this crowning accomplishment of her career just goes to show how the barriers to women, to young women and to girls in this country have broken down so significantly over recent years and decades.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Senator Macdonald, a supplementary question.

2:08 pm

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party) Share this | | Hansard source

Thank you, Attorney—I am delighted to hear of Justice Kiefel's appointment. In fact, I think I briefed her once when she first went to the bar in Queensland. Can the Attorney give us some more information about the new Chief Justice?

2:09 pm

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

Senator Macdonald, through you Mr President, I am not surprised if you briefed Justice Kiefel, because I recall in her very early days at the bar she had something of a specialisation in local government and planning law. I know that when you were a solicitor in North Queensland that was a field in which you practised as well, so I would not be surprised if that was the case—though I think it would be a bit of a stretch to say that you were the one who set her on her way! Justice Kiefel, nevertheless, does have a great story. She left school at 15, she studied at night to complete her high school education and then she studied for admission to the bar. She developed a successful practice, she was very widely briefed and she was very well-thought of and held in great respect and esteem by members of the Queensland bar. I appeared with her myself many times—I appeared against her as well sometimes. She is, Senator Macdonald, the fourth Queensland Chief Justice of Australia.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Senator Macdonald, a final supplementary question.

2:10 pm

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party) Share this | | Hansard source

I did ask originally about appointments to the High Court—apart from Justice Kiefel are there any other appointments, Attorney, that you can tell the Senate about?

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

Yes there are, Senator Macdonald. A vacancy on the High Court will be filled by the Hon. James Edelman, a judge of the Federal Court of Australia and formerly a judge of the Supreme Court of Western Australia. I imagine my Western Australian colleagues on all sides of the chamber will be delighted by the appointment of Justice Edelman. Justice Edelman, at the age of only 42, has had a most distinguished career, both as a judge and as a barrister but also as a scholar of international reputation. Justice Edelman was appointed Professor of the Law of Obligations at Oxford University at the age of only 34—by the reckoning of some, the youngest person ever appointed a full professor of law at Oxford University in history. He is a scholar of international distinction, a very fine judge who I can tell you from the evidence of those who have appeared before him in the Federal Court where he sits in Brisbane is a most welcome appointment. (Time expired)