Late contenders emerge in race for High Court

A Melbourne judge with a penchant for Winston Churchill has emerged as a leading High Court candidate.

Simon Steward.

A Melbourne judge with a penchant for Winston Churchill has emerged as a leading High Court candidate. The daughter of a High Court chief justice and a top former South Australian prosecutor have also emerged as surprise late contenders in the race to fill coming vacancies on the top court.

Two positions will become available when judge Geoffrey Nettle steps down on November 30 and judge Virginia Bell on March 6, ahead of turning 70.

Their replacements are expected to be announced together, and the money is on one female and one male. One appointment from Melbourne (to replace Justice Nettle) and one from Sydney (to replace Justice Bell) are considered most likely, but West Australian Supreme Court judge Janine Pritchard, president of the WA State Administrative Tribunal and a friend of Attorney-General Christian Porter, is a contender.

The appointments have not been decided, but a cabinet meeting is scheduled for Wednesday.

Unlike in the US, there will be no public confirmation hearings.

 

The Morrison government is keen to find conservative or “black-letter” lawyers because of a belief the court strayed into activism in February in a decision seen as creating a new category of Indigenous citizenship. The High Court ruled Aboriginal people, even those born overseas, could not be considered non-citizens under the Constitution. Government MPs were dismayed all three of their most recent High Court picks formed part of the majority.

Wendy Abraham.

Melbourne-based Federal Court judge Simon Steward, a tax expert with a reputed love for all things British, has conservative credentials and wide support.

Federal Court judge Wendy Abraham, appointed to the bench by Mr Porter last year, is a contender from left field. A Sydney­sider since 2005 who grew up in Adelaide, she would be the first SA High Court judge but is not seen as a strong chance because she has not been on the bench for long and has narrow experience in criminal law, although this would replace Justice Bell’s area of expertise.

Sydney-based Federal Court judge Jackie Gleeson — the eldest of former High Court Chief Justice Murray Gleeson’s four children — has been touted as a possibility but is not seen as well-credentialled as others.

Jackie Gleeson.

A third Sydney-based female Federal Court judge, Jayne Jagot, is seen as hardworking and extremely bright. She is married to Peter McClellan, who led the child sexual abuse royal commission and is viewed as closer to Labor.

NSW Court of Appeal president Andrew Bell is another strong candidate from Sydney but he has not been a judge for long and is seen as coveting the role of chief justice when Susan Kiefel retires in 2024.

NSW Court of Appeal judge Mark Leeming, married to constitutional law expert Anne Two­mey, is viewed by many as the most exceptional candidate but is believed to have been edged out of the race because of a perceived closeness to former High Court judge Dyson Heydon.

Andrew Bell.

Victorian barrister Philip Solomon QC, who recently represented Treasurer Josh Frydenberg in the High Court, is another possibility but appointing straight from the bar is seen as a more risky choice. Melbourne-based Federal Court judges Jonathan Beach, Mark Moshinsky, Michael Wheelahan and Jennifer Davies and Sydney-based judges Nye Perram, Robert Beech-Jones and Julie Ward have also been touted but are considered less likely.