Law Society calls for ‘extremely disappointing’ situation to end by having South Australia’s first judge appointed to the High Court
No South Australian has ever been tapped to join the High Court. Now, the Law Society says it’s time to remedy that situation.
SA News
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In the century long history of the High Court no South Australian justice has ever been selected to exercise their skills and knowledge as a part of the nation’s most superior court.
In the next six months two vacancies will open up on the High Court and competition is fierce among the most gifted legal minds in the country to join the ranks of the seven justices.
With the retirement of two of the most experienced justices looming, the Law Society has said that the time has come to remedy an “extremely disappointing” situation.
Judge Geoffrey Nettle will step down from the High Court on November 30 and Judge Virginia Bell on March 6, both having reached the mandatory age of retirement.
The two vacancies will mark the first time there has been an opportunity for new legal minds to be appointed to the court since 2017 when James Edelman was selected after stints on the Western Australian Supreme Court and Federal Court.
President of the Law Society Tim White said that many local judges would have excelled in the High Court.
“The lack of South Australian representation on the High Court is in no way a reflection of the calibre of South Australian based judges,” he said.
Mr White said the selection process for new appointees was “shrouded in mystery” and essentially came down to the discretion of Federal Attorney-General Christian Porter.
“There certainly appears to be an historical bias in favour of the larger jurisdictions which still persists today,” he said.
“South Australia has been a pioneering State with regards to the development of legislation and Australia’s judicial system.
“In fact, South Australia was a driving force in the establishment of both the Australian Constitution and the High Court.”
Mr White said the non-selection of Sir Josiah Symon, a South Australian senator, Federal Attorney-General and driving force behind the creation of the High Court in 1903 was the beginning of a continual course for South Australia being overlooked.
Attorney-General Vickie Chapman said the appointment of a South Australian to the High Court was long overdue.
“Numerous eminent South Australian jurists, past and present, are well qualified to sit on the High Court.
“I have put forward a number of recommendations to the Federal Government and will continue to submit suitable South Australian candidates for the role.”
Opposition legal affairs spokesman Kyam Maher said South Australia continues to have some of the finest legal minds in this country.
“It is well past time that we have a South Australian appointed to our nation’s highest court,” he said.
Federal Attorney-General Christian Porter said he had written to all state Attorney-Generals to seek their input on the new positions.
He declined to speculate on possible candidates and what state they are from.
SA Bar Association President Mark Hoffman QC welcomed any South Australian appointees to the High Court.
Members of the South Australian legal fraternity suggested recently appointed members of the Court of Criminal Appeal Justices Mark Livesey and Chris Bleby could be possible candidates.
Justice Bleby was Solicitor General for South Australia and appeared numerous times before the High Court before being tapped for the state’s highest court.
Justice Livesey was a well respected and highly experienced barrister before becoming the first appointee to the newly established Court of Criminal Appeal.
Former South Australian prosecutor turned Federal Court Judge Wendy Abraham has also been mentioned in dispatches.
As she was only appointed to the Federal Court last year, she is considered an outside chance despite decades of experience across Australia.
Established jurists such as Chief Justice Chris Kourakis and Justice Sam Doyle were also mentioned as possibilities.
A left field candidate also suggested was Director of Public Prosecutions Martin Hinton QC who has been Solicitor General and also a Justice of the Supreme Court.
Historically Former South Australian Chief Justices Len King and John Doyle,
former Federal Court justice John von Doussa and current sitting Federal Justice Anthony Besanko have been considered possible candidates for the High Court.
