Thechief justice of Australia is the presiding justice of theHigh Court of Australia and the highest-ranking judicial officer in theCommonwealth of Australia. The incumbent isStephen Gageler, since 6 November 2023.
| Chief Justice of Australia | |
|---|---|
 | |
| Style | The Honourable |
| Appointer | Governor-General on theadvice of theattorney-general[1] |
| Term length | No set term, though retirement is mandatory at age 70 |
| Inaugural holder | Sir Samuel Griffith |
| Formation | 5 October 1903 |
| Salary | $672,630[2] |
| Website | www.hcourt.gov.au |
Constitutional basis
editThe office of chief justice is established undersection 71 of the Constitution of Australia, which establishes the High Court as consisting of a chief justice and at least two other justices. The court was constituted by, and its first members were appointed under, theJudiciary Act 1903, with the first appointments to the High Court commencing on 5 October 1903.
Role
editThe chief justice isfirst among equals among the justices of the High Court, and the position differs little from that of the other justices. All Justices, including the chief justice, are appointed by thegovernor-general of Australia, on the advice of the federal government. They can be removed only by the governor-general, on a request from both houses of the federal parliament, although this has never been done. Since 1977, an appointment has been until the mandatory retirement age of seventy (before 1977, appointment was for life).[3] The one substantial difference between a chief justice and the other justices of the court is that, where opinion of the court, exercising its original jurisdiction, is evenly divided, the side of the question that is supported by the chief justice prevails.[4]
The chief justice often acts as the governor-general's deputy, especially at ceremonies such as the opening ofParliament after an election. Chief JusticeSamuel Griffith was several times consulted by governors-general on the exercise of thereserve powers.[5] However, Chief JusticeGarfield Barwick created controversy during the1975 Australian constitutional crisis[6] when he advised Governor-GeneralSir John Kerr on the constitutional legality of dismissing a prime minister—especially as the prime minister,Gough Whitlam, had refused Kerr's request for permission to consult Barwick or to act on any advice except Whitlam's own.
The chief justice also administers theoath of allegiance and the oath of office to the governor-general-designate when they take up their appointment.[7]
List
editThere is a strong tradition of appointing new chief justices from within the existing ranks of the High Court. Out of the fourteen chief justices, eight were incumbentpuisne justices on the High Court. Others have included incumbent chief justices of states (Samuel Griffith andMurray Gleeson) and incumbentattorneys-general (John Latham andGarfield Barwick). Uniquely,Robert French was appointed directly to the chief justiceship from a lower federal court, whileAdrian Knox was appointed as abarrister in private practice with no judicial experience.
| No. | Image | Chief Justice | Tenure | Nominating Prime Minister | State | Previous Post |
|---|---|---|---|---|---|---|
| 1 |  | Sir Samuel Griffith GCMG,KC (1845–1920) | 5 October 1903 – 17 October 1919 (16 years) | Alfred Deakin |  Queensland | Chief Justice of Queensland (1893–1903) |
| 2 |  | Sir Adrian Knox KCMG,KC (1863–1932) | 18 October 1919 – 31 March 1930 (10 years, 5 months) | Billy Hughes |  New South Wales | Barrister in private practice |
| 3 |  | Sir Isaac Isaacs KCMG,KC (1855–1948) | 2 April 1930 – 21 January 1931 (9 months) | James Scullin |  Victoria | Justice of the High Court (1906–1930) |
| 4 |  | Sir Frank Gavan Duffy KCMG,KC (1852–1936) | 22 January 1931 – 1 October 1935 (4 years, 8 months) | James Scullin | Victoria | Justice of the High Court (1913–1931) |
| 5 |  | Sir John Latham GCMG,QC (1877–1964) | 11 October 1935 – 7 April 1952 (16 years, 5 months) | Joseph Lyons | Victoria | Attorney-General of Australia (1932–1934) |
| 6 |  | Sir Owen Dixon OM,GCMG,QC (1886–1972) | 18 April 1952 – 13 April 1964 (11 years, 11 months) | Sir Robert Menzies | Victoria | Justice of the High Court (1929–1952) |
| 7 |  | Sir Garfield Barwick AK,GCMG,QC (1903–1997) | 27 April 1964 – 11 February 1981 (16 years, 9 months) | Sir Robert Menzies | New South Wales | Attorney-General of Australia (1958–1964) |
| 8 |  | Sir Harry Gibbs GCMG,AC,KBE,QC (1917–2005) | 12 February 1981 – 5 February 1987 (5 years, 11 months) | Malcolm Fraser | Queensland | Justice of the High Court (1970–1981) |
| 9 | .jpg) | Sir Anthony Mason AC,KBE,KC (born 1925) | 6 February 1987 – 20 April 1995 (8 years, 2 months) | Bob Hawke | New South Wales | Justice of the High Court (1972–1987) |
| 10 | Sir Gerard Brennan AC,KBE,QC (1928–2022) | 21 April 1995 – 21 May 1998 (3 years, 1 month) | Paul Keating | Queensland | Justice of the High Court (1981–1995) | |
| 11 |  | Murray Gleeson AC,KC (born 1938) | 22 May 1998 – 29 August 2008 (10 years, 3 months) | John Howard | New South Wales | Chief Justice of New South Wales (1988–1998) |
| 12 |  | Robert French AC (born 1947) | 1 September 2008 – 29 January 2017 (8 years, 4 months) | Kevin Rudd |  Western Australia | Judge of theFederal Court of Australia (1986–2008) |
| 13 |  | Susan Kiefel AC,KC (born 1954) | 30 January 2017 – 5 November 2023 (6 years, 9 months) | Malcolm Turnbull | Queensland | Justice of the High Court (2007–2017) |
| 14 |  | Stephen Gageler AC,SC (born 1958) | 6 November 2023 – present (1 year, 6 months) | Anthony Albanese | New South Wales | Justice of the High Court (2012–2023) |
Chief JusticeSir John Latham took a leave of absence from the office from 1940 to 1941 to serve as Australia's first ambassador to Japan.Sir George Rich was Acting Chief Justice in his absence.[8]
References
edit- ^Williams, George (2008)."High Court Appointments: The Need for Reform".Sydney Law Review.30 (1).
- ^Remuneration Tribunal."Remuneration Tribunal (Judicial and Related Offices—Remuneration and Allowances) Determination 2024"(PDF).Remuneration Tribunal.
- ^Constitution, s 72 (amended in 1977).
- ^Judiciary Act 1903 (Cth), s 23(2).
- ^Markwell, Donald (1999). "Griffith, Barton and the Early Governor-Generals: Aspects of Australia's Constitutional Development".Public Law Review.
- ^Murphy, Damien (1 January 2010)."How Barwick lost his would-be country pile".Sydney Morning Herald.Fairfax Media. Retrieved10 April 2010.
- ^Letters Patent Relating to the Office of Governor‑General of the Commonwealth of Australia – via Federal Register of Legislation.
- ^Stuart Macintyre (1986). "Latham, Sir John Greig (1877–1964)".Australian Dictionary of Biography. Vol. 10. Melbourne University Press. pp. 2–6.ISBN 0-522-84327-1.