Debra Mortimer named new Federal Court chief justice

Strong, experienced and totally apolitical. Those are the three most common descriptors when you ask legal types what they think of the Federal Court’s newest chief justice, Debra Mortimer.

New Chief Justice Debra Mortimer is the first woman to hold the role in the Federal Court’s near-50 year history. Picture: Damian Shaw

Strong, experienced and totally apolitical. Those are the three most common descriptors when you ask legal types what they think of the Federal Court’s newest chief justice, Debra Mortimer.

The New Zealand-born, Melbourne-based migration law expert will succeed Justice James Allsop, becoming the first woman to hold the role in the court’s near-50 year history.

“Justice Mortimer is widely recognised for her legal acumen, intellectual capacity, and judicial leadership,” Attorney-General Mark Dreyfus said on Friday.

“The government congratulates Justice Mortimer on her ­appointment and looks forward to her distinguished contribution to the justice system as she leads the Federal Court.”

Justice Mortimer was appointed to the court by Labor in 2013, after being a leading silk who ­appeared frequently in the High Court and cemented her reputation as a leading lawyer on tricky migration cases. She has been the trial judge in several high-profile cases, including Wotton v Queensland, regarding the death of Indigenous man Cameron Doomadgee while in custody in 2004.

Justice Mortimer found that an emergency declaration and the deployment of the Special Emergency Response Team was part of an excessive and disproportionate policing response, and ruled Queensland police officers had contravened the Racial Discrimination Act in the way they had investigated the death.

Justice Debra Mortimer recently heard the dispute between federal independent MP Monique Ryan (left) and former staffer Sally Rugg. Picture: NCA NewsWire/Luis Ascui

More recently, she heard the dispute between federal independent MP Monique Ryan and former staffer Sally Rugg.

Sydney barrister Louise Clegg said “you wouldn’t find anyone better suited for the role” of Federal Court chief justice than Justice Mortimer.

“It has been a warmly received appointment by lawyers across the political spectrum,” Ms Clegg said. “She’s got a very good reputation.”

Melbourne silk Peter Willis said Justice Mortimer was “very experienced” and has strong knowledge of the Australian legal system. “The role of chief justices is as much about management as it is about legal scholarship and leadership,” he said.

“She is very strong in both ­regards.”

Mr Willis rejected any suggestion that Justice Mortimer held a partisan views, saying: “It’s a ­national court, judges are not ­appointed for ideological reasons.

“The practice in senior courts is strongly to appoint based on the qualities the role demands,” he said.

Justice Allsop’s replacement was also expected to be taken up by a Melbourne judge as Federal Court chief justices usually alternate between major Australian ­cities.

One industry expert, who ­requested to remain anonymous, suggested the role was always to be taken up by a woman, to help pave the way for Stephen Gageler to take the place of Susan Kiefel as High Court chief justice when she retires next January.

Law Council of Australia president Luke Murphy said Justice Mortimer was “well known and highly respected in the legal community”.

“In 2011, when her Honour was at the Victorian Bar, she was awarded the Law Council of Australia President’s Medal for her outstanding work that embodied the very best traits of the legal profession,” he said.

Justice Mortimer’s appointment followed the ascension of Federal Court justice Jayne Jagot to the High Court, making the highest court in the nation female dominated for the first time in its history.

Justice Mortimer is also a principal fellow at the University of Melbourne law school.