Jacqueline Gleeson, Simon Steward Australia’s next High Court justices

A tax expert and the daughter of a former High Court chief justice will be the next two judges to join the highest court in the land.

Newly appointed High Court justice Jacqueline Gleeson in her Sydney chambers on Wednesday. Picture: Nikki Short

A tax expert from Melbourne with a love of antique furniture and the daughter of a former High Court chief justice will be the nation’s next two High Court judges.

Federal Court judges Simon Steward, from Melbourne, and Jacqueline Gleeson, from Sydney, were announced on Wednesday as the replacements for Geoffrey Nettle, who retires on November 30, and Virginia Bell, who steps down on February 28.

Attorney-General Christian Porter said both had been outstanding judges and barristers, and had “impeccable records and skills for the High Court”. He said the appointments had emerged from a six-month selection process, and both .

Justice Gleeson, 54, is the eldest of former High Court chief justice Murray Gleeson’s four children — and the first child of a former High Court judge to be appointed in the nation’s history.

The Morrison government had been keen to find conservative or “black-letter” lawyers because of a belief the court had strayed into activism in February in a decision seen as creating a new category of Indigenous citizenship.

Jacqueline Gleeson with her father, Murray Gleeson, in 1998.

The High Court ruled Aboriginal people, even those born overseas, could not be considered non-citizens under the Constitution. Government MPs were dismayed that all three of their most recent High Court picks had formed part of the majority.

Justice Steward, 51, has been a Federal Court judge for less than three years. He is a tax expert and his appointment was widely expected. Melbourne commercial barrister David Batt QC welcomed the appointment of Justice Steward.

“It’s a magnificent appointment, he has in my view all the qualities that are expected of a great High Court judge,” Mr Batt said. “He is deeply learned, highly intelligent, diligent, courteous — which I think is important — impeccably fair and efficient. I think it’s a great thing for the court and the justice system.”

Justice Gleeson was appointed to the Federal Court in 2014 — the Abbott government’s first judicial appointment.

At her swearing-in ceremony she said that her wellbeing and development were her mother’s job and she could “justly take credit for any success of mine”. She said she hoped to emulate her father’s self-discipline.

Mr Gleeson said his family was “delighted by Jacqueline’s appointment”.

Former prime minister John Howard — who appointed Mr Gleeson as High Court chief justice and is believed to have had a hand in lobbying for his daughter’s elevation — said he “congratulates the appointees and wishes them both well”.

Both judges went to Catholic schools and have a reputation for being hard workers. Both are one of four siblings — Justice Steward is the youngest of four boys — and his father is also a lawyer.

The appointments were backed by conservative lawyers. Institute of Public Affairs executive director John Roskam said they were good appointments who would “curb the High Court’s adventurism” and “redress the balance on the bench” after the Love and Thoms decision.

“These appointments are only slightly less significant than Donald Trump’s appointments to the US Supreme Court,” Mr Roskam said.

“They will set the direction of the High Court for years to come.”

Australian Catholic University Vice Chancellor Greg Craven said the Coalition did not have a good record of appointing black-letter constitutional lawyers.

He said it tended to elevate judges even if their constitutional views were untested — which led to unanticipated results.

New High Court Justice Simon Steward at his offices in Melbourne’s Federal Court building on Wednesday. Picture: David Geraghty

Professor Craven said the question for any government should be how a candidate interpreted the Constitution because that would “preprogram” their answer to constitutional questions.

Both candidates were “brilliant lawyers” — as were all appointed to the High Court — he said, but he could not predict their constitutional views with any ¬confidence.

Once Justice Gleeson takes her seat on March 1, the Abbott and Morrison governments will be responsible for a majority of the High Court’s judges (four of the seven).

Justice Steward was the first in his Melbourne University law class to become a silk, Mr Porter said. He was admitted as a lawyer in 1992, practising at top-tier firm King & Wood Mallesons, before joining the bar in 1999. He became a silk in 2009 and a Federal Court judge in February 2018.

Justice Gleeson was the dux of her high school at Monte Sant’ Angelo Mercy College in Sydney’s north in 1983. She became a lawyer in 1989, a barrister in 1991, detoured to work as a solicitor at the Australian Broadcasting Authority and the Australian Government Solicitor, before returning to the bar in 2007.

Their appointments will drop the average age of the seven High Court judges to just under 58, the lowest in 30 years.

Opposition legal affairs spokesman Mark Dreyfus congratulated both lawyers on their appointment.

“The High Court is one of Australia’s most important public institutions,” Mr Dreyfus said.

“By protecting and upholding our Constitution and the rule of law, the court plays a critical role in the functioning of our ¬democracy.”

NSW Bar Association president Tim Game SC said both Justice Gleeson and Justice Steward had “made a significant contribution to the rule of law and the administration of justice”.

“Both judges are fine judicial officers,” Mr Game said.

 

“They have served with diligence, demonstrated excellence and sound judgment throughout the course of their appointments to the Federal Court of Australia.”

Victorian Bar Association president Wendy Harris QC said: “We welcome both appointments very warmly and we are sure that they will each make significant contributions to the court for many years to come.”

The Law Council of Australia was more muted in its response — it congratulated both judges on their appointments.

Law Society of NSW president Richard Harvey said the appointments were a “tremendous accomplishment”.

“I have no doubt that both His Honour Justice Steward and Her Honour Justice Gleeson will discharge their duties on the High Court with the great integrity, wisdom, diligence and dedication to the rule of law for which they are both renowned and respected,” Mr Harvey said.