The High Court could soon have its first female chief justice with sitting judge Susan Kiefel firming as the favourite to take over from Robert French, amid speculation he will leave the bench in early December.
Justice Kiefel, a former judge of the Federal Court and the Queensland Supreme Court, was appointed to the High Court in the last months of the Howard government in 2007.
After leaving school at 15, she began work as a secretary in a law firm in 1971. The Cambridge University alumna would later become the first woman in Queensland to be appointed to the prestigious rank of Queen's counsel, or silk, in 1987.
Justice Kiefel is now among the most senior judges on the bench. The majority – Chief Justice French and justices Virginia Bell, Stephen Gageler and Patrick Keane – were appointed during the Rudd and Gillard governments.
A senior legal source said Justice Kiefel was the "hot favourite" for the top job. Her High Court colleague and fellow Queenslander Justice Keane may also be in the running, along with Federal Court chief justice and former NSW Court of Appeal president James Allsop.
It is understood the appointment has not yet been formally considered by the cabinet.
The appointment of a sitting High Court judge to the job would create a vacancy for another puisne judge – a judge other than the chief justice.
Among the potential appointees are a host of Federal Court judges from around the country: Adelaide-based judge Anthony Besanko, Justice James Edelman in Brisbane and Victorian-based judges Jonathan Beach and John Middleton.
Victorian Court of Appeal judge Pamela Tate and Mark Leeming of the NSW Court of Appeal have also been mentioned in legal circles, along with South Australian chief justice Chris Kourakis.
Of the 12 chief justices since 1903, six have been appointed to the role from outside the High Court bench – including Chief Justice French, appointed from the Federal Court, and his predecessor, Murray Gleeson, who was chief justice of the NSW Supreme Court.
Chief Justice French said in March he would stand down on January 29, ahead of his 70th birthday in March and in order to allow his successor to be in place for the start of the new year sittings on January 30.
A spokesman for Attorney-General George Brandis declined to comment on the appointment.
BIG WIGS: CONTENDERS FOR CHIEF JUSTICE
Susan Kiefel
Appointed to the High Court in September 2007 by the Howard government. Would be the first woman chief justice of the High Court. Has already blazed a trail by becoming the first woman in Queensland to be appointed as a QC.
Patrick Keane
Appointed to the High Court in March 2013 by the Gillard government. The Oxford alumnus was chief justice of the Federal Court at the time and formerly a judge of the Queensland Court of Appeal. He also served as Queensland solicitor-general for 13 years from 1992.
James Allsop
Took over as chief justice of the Federal Court in March 2013 when Patrick Keane was appointed to the High Court. He had been president of the NSW Court of Appeal and before that was a judge of the Federal Court for seven years from 2001.