Susan Kiefel sworn in as first woman Chief Justice of High Court

The swearing in of justice Susan Kiefel.
The swearing in of justice Susan Kiefel. afr
by Katie Walsh

Two fiercely intelligent legal minds were celebrated on Monday as the nation's first female Chief Justice to sit on the High Court in its more than 100-year history, Susan Kiefel, and newest member James Edelman were sworn in.

In her speech, Chief Justice Kiefel said she was "heartened" by "expressions of goodwill and support" received since her appointment, but added: "I am mindful, however, that it is possible that compliments could in the future be replaced by criticism, from other quarters. I shall therefore bask in them, but only briefly."

Attorney-General George Brandis labelled the day as one of "unequalled significance" in Australian legal life and said he looked forward to the "development of the jurisprudence of the Kiefel court".

The state-educated Cairns-born girl of "steely determination" left school just before the age of 15, becoming a legal secretary before joining the bar at the youngest possible age of 21. She took silk when she was just 33.

Senator Brandis noted his privilege in acting as her junior on occasion, saying she had one of the "busiest silk's practices at the Brisbane bar".

Law Council of Australia president Fiona McLeod said the Chief Justice was an "inspiration to many", celebrating that women have now "filled the three highest constitutionally appointed offices in this land" — former prime minister Julia Gillard and ex-Governor-General Quentin Bryce being the other two.

Outgoing president of the Australian Bar Association Patrick O'Sullivan, QC, said the chief justice was known as a "lawyer's lawyer" and highlighted her "belief in the social importance of the work of a judge".

The youngest member of the court in almost 90 years, 43-year-old Justice Edelman was also sworn in to take Chief Justice Kiefel's place as a puisine judge.

"God willing, you will be a member of this court until the year 2044 [with the opportunity to] shape the jurisdiction of this nation for decades to come," said Senator Brandis.

Senator Brandis called the court's newest judge a "vigorous warrior" in the area of restitution law, his speciality while a professor at the University of Oxford.

He poached the Perth-born prodigy from the Federal Court, calling his curriculum vitae "preposterously golden".

"Respected judge, internationally esteemed scholar, teacher, prolific author, champion life saver and adored husband and father, it is difficult to find something you have not yet mastered," said Senator Brandis.

Ms McLeod called Justice Edelman a "true federalist".

High Court justices past and present sat on the bench for both ceremonies, including former chief justices Gerard Brennan and Robert French; and former justices William Gummow, Michael Kirby, Kenneth Hayne and Susan Crennan. Federal Court chief justice James Allsop was among the bevy of judges who flew in from across the nation to attend.

The role of the court

The chief justice, known for her passion for comparative law — a focus of her Master of Law studies at Cambridge University in the 1980s — said that the court had to "look around" it in addressing cases, embracing globalisation. She highlighted the court's dialogues with overseas courts, including in the Asia Pacific region.

Educating the nation's children on the role of the court was "no less important". The High Court will set up an Australian Constitution Centre to "promote public understanding".

The chief justice was sworn in by fellow High Court judge Virginia Bell, making the occasion "historically significant on two counts", she said.

"When I came to the Bar in 1975 there were very few women members of the profession," she said.

"[T]his has changed and so has the composition of this court."

The increase in female appointments to the High Court — Michelle Gordon joined the bench in 2015, bringing the total count to three of seven — recognised that "there are now women who have the necessary legal ability and experience, as well as the personal qualities, to be a justice of this court", she said.

"There seems no reason to think that that situation will not be maintained in the future. It may well improve."

Bar Association of Queensland president Chris Hughes, QC, said that the chief justice was "fearless" at the bar, and a "popular figure".

The chief justice's brother, film and stage actor Russell Kiefel, passed away in November, just days before the historical appointment of his sister.