Chief Justice of Australia

Chief Justice of Australia
Incumbent Robert French, AC since 1 September 2008
Style	The Honourable
Nominator	Prime Minister of Australia
Appointer	Governor-General of Australia
Term length	No set term, though retirement is mandatory at age 70
Inaugural holder	Sir Samuel Griffith
Formation	1 January 1901
Salary	$486,000
Website	High Court

Australia

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The Chief Justice of Australia is the informal title for the presiding justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. The incumbent is Robert French.

The office of Chief Justice of the High Court is established under section 71 of the Australian Constitution, which establishes the High Court as consisting of a Chief Justice and at least two other Justices. The Court was constituted by, and its first members were appointed under, the Judiciary Act 1903, with the first appointments to the High Court commencing on 5 October 1903.

The Chief Justice is first among equals among the Justices of the High Court, and the position differs little from that of the other Justices. All Justices, including the Chief Justice, are appointed by the Governor-General of Australia, on the advice of the federal government. They can be removed only by the Governor-General, on a request from both houses of the federal parliament, although this has never been done. Since 1977, appointment has been until the mandatory retirement age of seventy (before 1977, appointment was for life).^[1] The one substantial difference between a Chief Justice and the other Justices of the Court is that, where opinion on the court is evenly divided, ordinarily the side of the question that is supported by the Chief Justice prevails.^[2]

The Chief Justice often acts as the Governor-General's deputy, especially at ceremonies such as the opening of Parliament after an election. Chief Justice Samuel Griffith was several times consulted by Governors-General of Australia on the exercise of the reserve powers.^[3] However, Chief Justice Garfield Barwick created controversy during the 1975 Australian constitutional crisis^[4] when he advised Governor-General Sir John Kerr on the constitutional legality of dismissing a prime minister—especially as the prime minister, Gough Whitlam, had refused Kerr's request for permission to consult Barwick or to act on any advice except Whitlam's own.

The Chief Justice also administers the Oath of Allegiance to the Monarch and an Oath of Office to the Governor-General-designate when he or she takes up his or her appointment.^[5]

List of Chief Justices of Australia

No.	Chief Justice	Term of office	Nominating Prime Minister
1	Sir Samuel Griffith (21 June 1845 – 9 August 1920)	5 October 1903 – 17 October 1919 (16 years)	Alfred Deakin
2	Sir Adrian Knox (29 November 1863 – 27 April 1932)	18 October 1919 – 31 March 1930 (10 years, 5 months)	Billy Hughes
3	Sir Isaac Isaacs (6 June 1855 – 11 February 1948)	2 April 1930 – 21 January 1931 (9 months)	James Scullin
4	Sir Frank Gavan Duffy (29 February 1852 – 29 July 1936)	22 January 1931 – 1 October 1935 (4 years, 8 months)	James Scullin
5	Sir John Latham (26 August 1877 – 25 July 1964)	11 October 1935 – 7 April 1952 (16 years, 5 months)	Sir Joseph Lyons
6	Sir Owen Dixon (28 April 1886 – 7 July 1972)	18 April 1952 – 13 April 1964 (11 years, 11 months)	Sir Robert Menzies
7	Sir Garfield Barwick (22 June 1903 – 13 July 1997)	27 April 1964 – 11 February 1981 (16 years, 9 months)	Sir Robert Menzies
8	Sir Harry Gibbs (7 February 1917 – 25 June 2005)	12 February 1981 – 5 February 1987 (5 years, 11 months)	Malcolm Fraser
9	Sir Anthony Mason (born 21 April 1925)	6 February 1987 – 20 April 1995 (8 years, 2 months)	Bob Hawke
10	Sir Gerard Brennan (born 22 May 1928)	21 April 1995 – 21 May 1998 (3 years, 1 month)	Paul Keating
11	Murray Gleeson (born 30 August 1938)	22 May 1998 – 29 August 2008 (10 years, 3 months)	John Howard
12	Robert French (born 19 March 1947)	1 September 2008 – present (8 years, 2 months)	Kevin Rudd
13	Susan Kiefel (born 17 January 1954)	commencing 30 January 2017	Malcolm Turnbull

Chief Justice Sir John Latham was absent from the office when he served from 1940 to 1941 as Australia's first ambassador to Japan.^[6] Sir George Rich was Acting Chief Justice in Latham's absence.

References

↑ Constitution, s 72 (amended in 1977).
↑ Judiciary Act 1903 (Cth), s 23(2).
↑ Donald Markwell, "Griffith, Barton and the early governor-generals: aspects of Australia's constitutional development", Public Law Review, 1999.
↑ Murphy, Damien (1 January 2010). "How Barwick lost his would-be country pile". Sydney Morning Herald. Fairfax Media. Retrieved 10 April 2010.
↑
↑ Stuart Macintyre (1986). "Latham, Sir John Greig (1877–1964)". Australian Dictionary of Biography. 10. Melbourne University Press. pp. 2–6. ISBN 0-522-84327-1.

Justices of the High Court of Australia

Chief Justices

Former	Griffith Knox Isaacs Gavan Duffy Latham Dixon Barwick Gibbs Mason Brennan Gleeson

Current	French

Justices

Former	Barton O'Connor Higgins Powers Piddington Rich Starke Evatt McTiernan Williams Webb Fullagar Kitto Taylor Menzies Windeyer Owen Walsh Stephen Jacobs Murphy Aickin Wilson Deane Dawson Toohey Gaudron McHugh Gummow Kirby Hayne Callinan Heydon Crennan

Current	Kiefel Bell Gageler Keane Nettle Gordon

Justices shown in order of appointment

Chief Justices of the Territories of the British Empire and the United Kingdom

Legend: Current territory; Former territory; * Now a Commonwealth realm; Now a member of the Commonwealth of Nations

Europe

Since 1234 England and Wales Since c.1200 Scotland 1175-1921 Ireland 1708–1757 Minorca Since 1713 Gibraltar 1763–1782 Minorca 1798–1802 Minorca 1800–1813 Malta (Protectorate) 1813–1964 Malta (Colony) 1807–1890 Heligoland 1809–1864 Ionian Islands 1878–1960 Cyprus 1921–1937 Irish Free State Since 1922 Northern Ireland

North America

17th century and before		18th century	19th and 20th century

1579 New Albion 1583–1907 Newfoundland 1605–1979 *Saint Lucia 1607–1776 Virginia Since 1619 Bermuda 1620–1691 Plymouth Colony 1623–1883 Saint Kitts *(Saint Kitts & Nevis) 1624–1966 *Barbados 1625–1650 Saint Croix 1627–1979 *Saint Vincent and the Grenadines 1628–1883 Nevis *(Saint Kitts & Nevis) 1629–1691 Massachusetts Bay Colony 1632–1776 Maryland since 1632 Montserrat 1632–1860 Antigua *(Antigua & Barbuda) 1636–1776 Connecticut 1636–1776 Rhode Island 1637–1662 New Haven Colony	1643–1860 Bay Islands Since 1650 Anguilla 1655–1850 Mosquito Coast (protectorate) 1655–1962 *Jamaica 1663–1712 Carolina 1664–1776 New York 1665–1674 and 1702–1776 New Jersey Since 1666 British Virgin Islands Since 1670 Cayman Islands 1670–1973 *Bahamas 1670–1870 Rupert's Land 1671–1816 Leeward Islands 1674–1702 East Jersey 1674–1702 West Jersey 1680–1776 New Hampshire 1681–1776 Pennsylvania 1686–1689 Dominion of New England 1691–1776 Massachusetts	1701–1776 Delaware 1712–1776 North Carolina 1712–1776 South Carolina 1713–1867 Nova Scotia 1733–1776 Georgia 1754–1820 Cape Breton Island 1762–1974 *Grenada 1763–1978 Dominica 1763–1873 Prince Edward Island 1763–1791 Quebec 1763–1783 East Florida 1763–1783 West Florida 1784–1867 New Brunswick 1791–1841 Lower Canada 1791–1841 Upper Canada Since 1799 Turks and Caicos Islands	1818–1846 Columbia District/Oregon Country¹ 1833–1960 Windward Islands 1833–1960 Leeward Islands 1841–1867 Province of Canada 1849–1866 Vancouver Island 1853–1863 Colony of the Queen Charlotte Islands 1858–1866 British Columbia 1859–1870 North-Western Territory 1860–1981 *British Antigua and Barbuda 1862–1863 Stikine Territory 1866–1871 Vancouver Island and British Columbia 1867–1931 *Dominion of Canada² 1871–1964 British Honduras (*Belize) 1882–1983 *Saint Kitts and Nevis 1889–1962 Trinidad and Tobago 1907–1949 Dominion of Newfoundland³ 1958–1962 West Indies Federation

1. Occupied jointly with the United States.
2. In 1931, Canada and other British dominions obtained self-government through the Statute of Westminster. See Canada's name.
3. Gave up self-rule in 1934, but remained a de jure Dominion until it joined Canada in 1949.

South America

1651–1667 Willoughbyland (Suriname) 1670–1688 Saint Andrew and Providence Islands⁴ 1831–1966 British Guiana (Guyana) Since 1833 Falkland Islands⁵ Since 1908 South Georgia and the South Sandwich Islands⁵

4. Now the San Andrés y Providencia Department of Colombia. 5. Occupied by Argentina during the Falklands War of April–June 1982.

Africa

17th and 18th centuries	19th century		20th century

Since 1658 Saint Helena¹⁴ 1792–1961 Sierra Leone 1795–1803 Cape Colony	Since 1815 Ascension Island¹⁴ Since 1816 Tristan da Cunha¹⁴ 1806–1910 Cape Colony 1807–1808 Madeira 1810–1968 Mauritius 1816–1965 The Gambia 1856–1910 Natal 1868–1966 Basutoland (Lesotho) 1874–1957 Gold Coast (Ghana) 1882–1922 Egypt	1884–1966 Bechuanaland (Botswana) 1884–1960 British Somaliland 1887–1897 Zululand 1890–1962 Uganda 1890–1963 Zanzibar (Tanzania) 1891–1964 Nyasaland (Malawi) 1891–1907 British Central Africa Protectorate 1893–1968 Swaziland 1895–1920 East Africa Protectorate 1899–1956 Anglo-Egyptian Sudan	1900–1914 Northern Nigeria 1900–1914 Southern Nigeria 1900–1910 Orange River Colony 1900–1910 Transvaal Colony 1903–1976 Seychelles 1906–1954 Nigeria Colony 1910–1931 South Africa 1914–1954 Nigeria Colony and Protectorate 1915–1931 South West Africa (Namibia) 1919–1960 Cameroons (Cameroon)⁶ 1920–1963 Kenya 1922–1961 Tanganyika (Tanzania)⁶ 1923–1965 Southern Rhodesia (Zimbabwe)⁷ 1924–1964 Northern Rhodesia (Zambia) 1953–1963 Federation of Rhodesia and Nyasaland 1954–1960 Nigeria 1979–1980 Southern Rhodesia (Zimbabwe)⁷

6. League of Nations mandate.
7. Self-governing Southern Rhodesia unilaterally declared independence in 1965 (as Rhodesia) and continued as an unrecognised state until the 1979 Lancaster House Agreement. After recognised independence in 1980, Zimbabwe was a member of the Commonwealth until it withdrew in 2003.

Asia

17th and 18th century	19th century		20th century

1685–1824 Bencoolen (Sumatra) 1702–1705 Pulo Condore 1757-1862 Bengal (to 1862) 1862–1947 Bengal (from 1862) (West Bengal (India) and Bangladesh) 1762–1764 Manila and Cavite 1786–1946 Penang (Malaysia) 1795–1948 Ceylon (Sri Lanka) 1796–1965 Maldives	1812–1824 Banka (Sumatra) and Billiton (Sumatra) 1819–1826 British Malaya (West Malaysia and Singapore) 1826–1946 Straits Settlements (Malaysia and Singapore) 1839–1967 Colony of Aden 1839–1842 Afghanistan 1841–1997 Hong Kong 1841–1946 Kingdom of Sarawak (Malaysia) 1848–1946 Labuan (Malaysia) 1858–1947 British India (India, Pakistan and Bangladesh, Burma) • Bombay • Calcutta • Madras • North-Western Provinces/Allahabad) 1874–1963 British Borneo (East Malaysia and Brunei)	1879–1919 Afghanistan (protectorate) 1882–1963 British North Borneo (Malaysia) 1885–1946 Unfederated Malay States 1888–1984 Sultanate of Brunei 1891–1971 Muscat and Oman protectorate 1892–1971 Trucial States 1895–1946 Federated Malay States 1898–1930 Weihai Garrison	1907–1949 Bhutan (protectorate) 1918–1961 Kuwait protectorate 1920–1932 Iraq⁸ 1921–1946 Transjordan⁸ 1923–1948 Palestine⁸ 1945–1946 South Vietnam 1946–1963 North Borneo (Malaysia) 1946–1963 Sarawak (Malaysia) 1946–1963 Singapore 1946–1948 Malayan Union 1948–1957 Federation of Malaya (Malaysia) Since 1960 Akrotiri and Dhekelia (before as part of Cyprus) Since 1965 British Indian Ocean Territory (before as part of Mauritius and the Seychelles)

⁸ League of Nations mandate. Iraq's mandate was not enacted and replaced by the Anglo-Iraqi Treaty

Oceania

18th and 19th centuries		20th century

1788–1901 New South Wales 1803–1901 Tasmania 1807–1863 Auckland Islands⁹ 1824–1980 New Hebrides (Vanuatu) 1824–1901 Queensland 1829–1901 Western Australia 1836–1901 South Australia since 1838 Pitcairn Islands	1841–1907 Colony of New Zealand 1851–1901 Victoria 1874–1970 Fiji¹⁰ 1877–1976 British Western Pacific Territories 1884–1949 Territory of Papua 1888–1901 Cook Islands⁹ 1889–1948 Union Islands (Tokelau)⁹ 1892–1979 Gilbert and Ellice Islands¹¹ 1893–1978 British Solomon Islands¹²	1900–1970 Tonga (protected state) 1900–1974 Niue⁹ 1901–1942 Commonwealth of AustraliaNorthern Territory 1907–1953 *Dominion of New Zealand 1919–1942 Nauru 1945–1968 Nauru 1919–1949 Territory of New Guinea 1949–1975 Territory of Papua and New Guinea¹³

9. Now part of the *Realm of New Zealand.
10. Suspended member.
11. Now Kiribati and *Tuvalu.
12. Now the *Solomon Islands.
13. Now *Papua New Guinea.

Antarctica and South Atlantic

Since 1658 Saint Helena¹⁴ Since 1815 Ascension Island¹⁴ Since 1816 Tristan da Cunha¹⁴ Since 1908 British Antarctic Territory¹⁵ 1841–1933 Australian Antarctic Territory (transferred to the Commonwealth of Australia) 1841–1947 Ross Dependency (transferred to the Realm of New Zealand)

14. Since 2009 part of Saint Helena, Ascension and Tristan da Cunha; Ascension Island (1922–) and Tristan da Cunha (1938–) were previously dependencies of Saint Helena. 15. Both claimed in 1908; territories formed in 1962 (British Antarctic Territory) and 1985 (South Georgia and the South Sandwich Islands).

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Chief Justice of Australia

List of Chief Justices of Australia

See also

References