List of justices of the High Court of Australia
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 .
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[update] 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.
#
Image
Name
State
Birth – death
Position
Term began
Term ended
Time in office
PM at app't
Prev. experience
Notes
1
Sir Samuel Griffith
Qld
1845–1920
Chief justice
5 October 1903
17 October 1919
16 years, 12 days
Deakin
Chief justice,Sup Ct of Qld
2
Sir Edmund Barton
NSW
1849–1920
Justice
5 October 1903
7 January 1920
16 years, 94 days
Deakin
None
Former prime minister Died in office
3
Richard O'Connor
NSW
1851–1912
Justice
5 October 1903
18 November 1912
9 years, 44 days
Deakin
None
Died in office
4
Sir Isaac Isaacs
Vic
1855–1948
Justice
12 October 1906
21 January 1931
24 years, 101 days [ a]
Deakin
None
Resigned to be appointed governor-general
Chief justice
2 April 1930
21 January 1931
294 days
Scullin
5
H. B. Higgins
Vic
1851–1929
Justice
13 October 1906
13 January 1929
22 years, 92 days
Deakin
None
Died in office
6
Sir Frank Gavan Duffy
Vic
1852–1936
Justice
11 February 1913
1 October 1935
22 years, 232 days [ a]
Fisher
None
Chief justice
22 January 1931
1 October 1935
4 years, 252 days
Scullin
7
Sir Charles Powers
Qld
1853–1939
Justice
5 March 1913
22 July 1929
16 years, 139 days
Fisher
None
8*
Albert Piddington
NSW
1862–1945
Justice
6 March 1913
5 April 1913
30 days [ b]
Fisher
None
Resigned before sitting
9
Sir George Rich
NSW
1863–1956
Justice
5 April 1913
5 May 1950
37 years, 30 days
Fisher
Sup Ct of NSW
10
Sir Adrian Knox
NSW
1863–1932
Chief justice
18 October 1919
31 March 1930
10 years, 164 days
Hughes
None
11
Sir Hayden Starke
Vic
1871–1958
Justice
5 February 1920
31 January 1950
29 years, 360 days
Hughes
None
12
Sir Owen Dixon
Vic
1886–1972
Justice
4 February 1929
13 April 1964
35 years, 69 days [ a]
Bruce
None
Chief justice
18 April 1952
13 April 1964
11 years, 361 days [ a]
Menzies
13
H. V. Evatt
NSW
1894–1965
Justice
19 December 1930
2 September 1940
9 years, 258 days
Scullin
None
Resigned to return to politics
14
Sir Edward McTiernan
NSW
1892–1990
Justice
20 December 1930
12 September 1976
45 years, 267 days
Scullin
None
15
Sir John Latham
Vic
1877–1964
Chief justice
11 October 1935
7 April 1952
16 years, 179 days
Lyons
None
16
Sir Dudley Williams
NSW
1889–1963
Justice
15 October 1940
31 July 1958
17 years, 289 days
Menzies
Sup Ct of NSW
17
Sir William Webb
Qld
1887–1972
Justice
16 May 1946
16 May 1958
12 years, 0 days
Chifley
Chief justice,Sup Ct of Qld
18
Sir Wilfred Fullagar
Vic
1892–1961
Justice
8 February 1950
9 July 1961
11 years, 151 days
Menzies
Sup Ct of Vic
Died in office
19
Sir Frank Kitto
NSW
1903–1994
Justice
10 May 1950
1 August 1970
20 years, 83 days
Menzies
None
20
Sir Alan Taylor
NSW
1901–1969
Justice
3 September 1952
3 August 1969
16 years, 334 days
Menzies
Sup Ct of NSW
Died in office
21
Sir Douglas Menzies
Vic
1907–1974
Justice
12 June 1958
29 November 1974
16 years, 170 days
Menzies
None
Died in office
22
Sir Victor Windeyer
NSW
1900–1987
Justice
8 September 1958
29 February 1972
13 years, 174 days
Menzies
None
23
Sir William Owen
NSW
1899–1972
Justice
22 September 1961
31 March 1972
10 years, 191 days
Menzies
Sup Ct of NSW
Died in office
24
Sir Garfield Barwick
NSW
1903–1997
Chief justice
27 April 1964
11 February 1981
16 years, 290 days
Menzies
None
25
Sir Cyril Walsh
NSW
1909–1973
Justice
20 September 1969
29 November 1973
4 years, 70 days
Gorton
Sup Ct of NSW NSW Ct of App
Died in office
26
Sir Harry Gibbs
Qld
1917–2005
Justice
4 August 1970
5 February 1987
16 years, 185 days [ a]
Gorton
Fed Ct of BK Sup Ct of Qld
Chief justice
12 February 1981
5 February 1987
5 years, 358 days [ a] [ c]
Fraser
27
Sir Ninian Stephen
Vic
1923–2017
Justice
1 March 1972
11 May 1982
10 years, 71 days
McMahon
Sup Ct of Vic
Resigned to be appointed governor-general
28
Sir Anthony Mason
NSW
1925–
Justice
7 August 1972
20 April 1995
22 years, 256 days [ a]
McMahon
Sup Ct of NSW NSW Ct of App
Chief justice
6 February 1987
20 April 1995
8 years, 73 days [ c]
Hawke
29
Sir Kenneth Jacobs
NSW
1917–2015
Justice
8 February 1974
6 April 1979
5 years, 57 days
Whitlam
Sup Ct of NSW NSW Ct of App
30
Lionel Murphy
NSW
1922–1986
Justice
10 February 1975
21 October 1986
11 years, 253 days
Whitlam
None
Died in office
31
Sir Keith Aickin
Vic
1916–1982
Justice
20 September 1976
18 June 1982
5 years, 271 days
Fraser
None
Died in office
32
Sir Ronald Wilson
WA
1922–2005
Justice
21 May 1979
13 February 1989
9 years, 268 days [ c]
Fraser
None
33
Sir Gerard Brennan
Qld
1928–2022
Justice
12 February 1981
21 May 1998
17 years, 98 days [ a] [ c]
Fraser
Fed Ct
Chief justice
21 April 1995
21 May 1998
3 years, 30 days [ c]
Keating
34
Sir William Deane
NSW
1931–
Justice
25 June 1982
11 November 1995
13 years, 139 days [ c]
Fraser
Fed Ct
Resigned to be appointed governor-general
35
Sir Daryl Dawson
Vic
1933–
Justice
30 July 1982
15 August 1997
15 years, 16 days [ c]
Fraser
None
36
John Toohey
WA
1930–2015
Justice
6 February 1987
2 February 1998
10 years, 361 days [ c]
Hawke
Fed Ct
37
Mary Gaudron
NSW
1943–
Justice
6 February 1987
31 January 2003
15 years, 359 days [ c]
Hawke
None
38
Michael McHugh
NSW
1935–
Justice
14 February 1989
31 October 2005
16 years, 259 days [ c]
Hawke
Sup Ct of NSW NSW Ct of App
39
William Gummow
NSW
1942–
Justice
21 April 1995
8 October 2012
17 years, 170 days [ c]
Keating
Fed Ct
40
Michael Kirby
NSW
1939–
Justice
6 February 1996
2 February 2009
12 years, 362 days [ c]
Keating
Sup Ct of NSW Pres, NSW Ct of App
41
Kenneth Hayne
Vic
1945–
Justice
22 September 1997
5 June 2015
17 years, 256 days [ c]
Howard
Sup Ct of Vic Vic Ct of App
42
Ian Callinan
Qld
1937–
Justice
3 February 1998
31 August 2007 [ 5]
9 years, 209 days [ c]
Howard
None
43
Murray Gleeson
NSW
1938–
Chief justice
22 May 1998
29 August 2008 [ 6]
10 years, 99 days [ c]
Howard
Chief justice,Sup Ct of NSW
44
Dyson Heydon
NSW
1943–
Justice
1 February 2003
28 February 2013
10 years, 27 days [ c]
Howard
Sup Ct of NSW NSW Ct of App
45
Susan Crennan
Vic
1945–
Justice
1 November 2005
2 February 2015
9 years, 93 days [ c]
Howard
Fed Ct
46
Susan Kiefel
Qld
1954–
Justice
4 September 2007
5 November 2023
16 years, 62 days [ a] [ c]
Howard
Sup Ct of Qld Fed Ct
Chief justice
30 January 2017
5 November 2023
6 years, 279 days [ c]
Turnbull
47
Robert French
WA
1947–
Chief justice
8 September 2008 [ 6]
29 January 2017
8 years, 143 days [ c]
Rudd
Fed Ct
48
Virginia Bell
NSW
1951–
Justice
3 February 2009 [ 7]
28 February 2021
12 years, 25 days [ c]
Rudd
Sup Ct of NSW NSW Ct of App
49
Stephen Gageler
NSW
1958–
Justice
9 October 2012 [ 8]
Incumbent
12 years, 71 days [ c]
Gillard
None
Chief justice
6 November 2023
Incumbent
1 year, 43 days [ c]
Albanese
50
Patrick Keane
Qld
1952–
Justice
1 March 2013
17 October 2022 [ 9]
9 years, 230 days [ c]
Gillard
Sup Ct of Qld Fed Ct
51
Geoffrey Nettle
Vic
1950–
Justice
3 February 2015
30 November 2020
5 years, 301 days [ c]
Abbott
Sup Ct of Vic
52
Michelle Gordon
Vic
1964–
Justice
9 June 2015
Incumbent
9 years, 193 days [ c]
Abbott
Fed Ct
53
James Edelman
WA
1974–
Justice
30 January 2017
Incumbent
7 years, 324 days [ c]
Turnbull
Fed Ct Sup Ct of WA
54
Simon Steward
Vic
1969–
Justice
1 December 2020
Incumbent
4 years, 18 days [ c]
Morrison
Fed Ct
55
Jacqueline Gleeson
NSW
1966–
Justice
1 March 2021
Incumbent
3 years, 293 days [ c]
Morrison
Fed Ct
56
Jayne Jagot
NSW
1964/65–
Justice
17 October 2022
Incumbent
2 years, 63 days [ c]
Albanese
Fed Ct NSW LEC
57
Robert Beech-Jones
NSW
c.1964
Justice
6 November 2023
Incumbent
1 year, 43 days [ c]
Albanese
Sup Ct of NSW
^ a b c d e f g h i Terms as puisne justice and chief justice combined
^ Albert Piddington resigned from the High Court before being sworn in. He never sat on the High Court bench.
^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae Justices to whom mandatory retirement (age 70) applied/applies; appointments since 1977
Current justices
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 .
See also
References
^ Commonwealth of Australia Constitution Act (Cth) s 71
^ 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 .
^ "History of the High Court" . High Court. Retrieved 26 October 2016 .
^ 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 .
^ "Callinan retires from High Court" , Australian Broadcasting Corporation , 31 August 2007. Retrieved 31 August 2007.
^ a b "Chief Justice honoured at retirement ceremony" . ABC News. 29 August 2008. Retrieved 30 August 2008 .
^ "Michael Kirby leaves High Court bench with 'faith' in law intact" . The Australian . 2 February 2009. Retrieved 2 February 2009 .
^ "Solicitor-General Gagelar appointed to High Court" . ABC News. 21 August 2012. Retrieved 21 August 2012 .
^ Pelly, Michael (13 October 2022). "Keane laments exit after 'wonderful' innings on High Court" . Australian Financial Review . Nine Entertainment Company. Retrieved 17 October 2022 .
^ Morrison, Scott (28 October 2020). "Press Conference - Australian Parliament House, ACT" . Prime Minister of Australia . Commonwealth of Australia. Retrieved 28 October 2020 .
^ "Federal Court of Australia" . Australian Government Directory . Commonwealth of Australia. Retrieved 28 October 2020 .
^ "Federal Court of Australia | Directory" . Commonwealth of Australia. 17 October 2022. Archived from the original on 17 October 2022. Retrieved 17 October 2022 .
^ 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 .
External links