The following table contains the details of the 44 men and four women who have ever been appointed as Justices of the High Court of Australia. The High Court of Australia was formed in 1903 under the Judiciary Act 1903, and under Section 71 of the Australian Constitution the judicial power of the Commonwealth of Australia is vested in the Court.[1] Since the passing of the Australia Act 1986, the court has been the highest court in the Australian court hierarchy.
The court is currently composed of seven judges, including six puisne justices and the Chief Justice of Australia. The current judges are listed in bold on the table below. The most recent appointments to the court are Chief Justice Robert French, formerly a judge of the Federal Court of Australia, and Justice Virginia Bell, formerly of the Court of Appeal of the Supreme Court of New South Wales. Chief Justice French, whose appointment was announced on 30 July 2008, replaced Chief Justice Murray Gleeson, who retired on 31 August 2008.[2] Justice Bell replaced Justice Michael Kirby, who retired on 2 February 2009. Appointments made since 1977 are until the mandatory retirement age of seventy. Before 1977, appointment was for life. As the workload of the Court has steadily increased, several Justices have retired before reaching the mandatory retirement age.
13 politicians, serving or former, have been appointed to the High Court of Australia. Nine justices have served in the Parliament of Australia: Edmund Barton, Richard O'Connor, Isaac Isaacs, H. B. Higgins, Edward McTiernan, H. V. Evatt, John Latham, Garfield Barwick and Lionel Murphy. All but Evatt were appointed after their parliamentary service; Evatt resigned from the bench in order to pursue his federal political career, although he had previously served in the New South Wales Legislative Assembly. In addition to the above, four justices served in colonial parliaments: Samuel Griffith, Charles Powers, Albert Piddington and Adrian Knox, although all concluded their political careers more than 10 years prior to their appointments. No justice since Lionel Murphy has served in state or federal parliament.
Contents |
# | Name | State | Birth/Death | Term of Service as Justice |
Term of Service as Chief Justice |
Prime Minister at appointment | Prior judicial experience | Reason for leaving |
---|---|---|---|---|---|---|---|---|
1 | Sir Samuel Walker Griffith | Queensland | 1845–1920 | 5 October 1903–17 October 1919 | 5 October 1903–17 October 1919 | Deakin | Chief Justice of Queensland; former Queensland MLA, former Premier of Queensland | Retired |
2 | Sir Edmund Barton | New South Wales | 1849–1920 | 5 October 1903–7 January 1920 | (none) | Deakin | None; MHR, Prime Minister of Australia | Died in office |
3 | Richard Edward O'Connor | New South Wales | 1851–1912 | 5 October 1903–18 November 1912 | (none) | Deakin | None; Senator, Vice-President of the Executive Council | Died in office |
4 | Sir Isaac Alfred Isaacs | Victoria | 1855–1948 | 12 October 1906–21 January 1931 | 2 April 1930–21 January 1931 | Deakin (Justice) Scullin (Chief Justice) |
None; MHR, Attorney-General of Australia | Resigned to become Governor-General of Australia |
5 | Henry Bournes Higgins | Victoria | 1851–1929 | 13 October 1906–13 January 1929 | (none) | Deakin | None; MHR, former Attorney-General of Australia | Died in office |
6 | Sir Frank Gavan Duffy | Victoria | 1852–1936 | 11 February 1913–1 October 1935 | 22 January 1931–1 October 1935 | Fisher (Justice) Scullin (Chief Justice) |
None; King's Counsel | Retired |
7 | Sir Charles Powers | Queensland | 1853–1939 | 5 March 1913–22 July 1929 | (none) | Fisher | None; Crown Solicitor, former Queensland MLA | Resigned |
8* | Albert Bathurst Piddington | New South Wales | 1862–1945 | 6 March 1913–5 April 1913 | (none) | Fisher | None; barrister, former NSW MLA | Resigned |
9 | Sir George Edward Rich | New South Wales | 1863–1956 | 5 April 1913–5 May 1950 | (none) | Fisher | Supreme Court of New South Wales | Resigned |
10 | Sir Adrian Knox | New South Wales | 1863–1932 | 18 October 1919–31 March 1930 | 18 October 1919–31 March 1930 | Hughes | None; King's Counsel, former NSW MLA | Resigned |
11 | Sir Hayden Erskine Starke | Victoria | 1871–1958 | 5 February 1920–31 January 1950 | (none) | Hughes | None; King's Counsel | Resigned |
12 | Sir Owen Dixon | Victoria | 1886–1972 | 4 February 1929–13 April 1964 | 18 April 1952–13 April 1964 | Bruce (Justice) Menzies (Chief Justice) |
None; King's Counsel | Retired |
13 | Herbert Vere Evatt | New South Wales | 1894–1965 | 19 December 1930–2 September 1940 | (none) | Scullin | None; King's Counsel, former NSW MLA | Resigned to enter Federal Parliament |
14 | Sir Edward Aloysius McTiernan | New South Wales | 1892–1990 | 20 December 1930–12 September 1976 | (none) | Scullin | None; MHR, former NSW Attorney-General | Retired |
15 | Sir John Latham | Victoria | 1877–1964 | 11 October 1935–7 April 1952 | 11 October 1935–7 April 1952 | Lyons | None; former MHR, former Attorney-General of Australia | Retired |
16 | Sir Dudley Williams | New South Wales | 1889–1963 | 15 October 1940–31 July 1958 | (none) | Menzies | Supreme Court of New South Wales | Resigned |
17 | Sir William Flood Webb | Queensland | 1887–1972 | 16 May 1946–16 May 1958 | (none) | Chifley | Chief Justice of Queensland | Resigned |
18 | Sir Wilfred Kelsham Fullagar | Victoria | 1892–1961 | 8 February 1950–9 July 1961 | (none) | Menzies | Supreme Court of Victoria | Died in office |
19 | Sir Frank Walters Kitto | New South Wales | 1903–1994 | 10 May 1950–1 August 1970 | (none) | Menzies | None; King's Counsel | Resigned |
20 | Sir Alan Russell Taylor | New South Wales | 1901–1969 | 3 September 1952–3 August 1969 | (none) | Menzies | Supreme Court of New South Wales | Died in office |
21 | Sir Douglas Ian Menzies | Victoria | 1907–1974 | 12 June 1958–29 November 1974 | (none) | Menzies | None; Queen's Counsel | Died in office |
22 | Sir William John Victor Windeyer | New South Wales | 1900–1987 | 8 September 1958–29 February 1972 | (none) | Menzies | Queen's Counsel | Retired |
23 | Sir William Francis Langer Owen | New South Wales | 1899–1972 | 22 September 1961–31 March 1972 | (none) | Menzies | Supreme Court of New South Wales | Died in office |
24 | Sir Garfield Edward John Barwick | New South Wales | 1903–1997 | 27 April 1964–11 February 1981 | 27 April 1964–11 February 1981 | Menzies | None; MHR, former Attorney-General of Australia | Retired |
25 | Sir Cyril Ambrose Walsh | New South Wales | 1909–1973 | 20 September 1969–29 November 1973 | (none) | Gorton | Supreme Court of New South Wales (New South Wales Court of Appeal) | Died in office |
26 | Sir Harry Talbot Gibbs | Queensland | 1917–2005 | 4 August 1970–5 February 1987 | 12 February 1981–5 February 1987 | Gorton (Justice) Fraser (Chief Justice) |
Federal Court of Bankruptcy; Supreme Court of Queensland | Retired |
27 | Sir Ninian Martin Stephen | Victoria | 1923 –. | 1 March 1972–11 May 1982 | (none) | McMahon | Supreme Court of Victoria | Resigned to become Governor-General of Australia |
28 | Sir Anthony Frank Mason | New South Wales | 1925 –. | 7 August 1972–20 April 1995 | 6 February 1987–20 April 1995 | McMahon (Justice) Hawke (Chief Justice) |
Supreme Court of New South Wales (New South Wales Court of Appeal); former Solicitor-General of Australia | Retired |
29 | Sir Kenneth Sydney Jacobs | New South Wales | 1917 –. | 8 February 1974–6 April 1979 | (none) | Whitlam | Supreme Court of New South Wales (New South Wales Court of Appeal) | Resigned |
30 | Lionel Keith Murphy | New South Wales | 1922–1986 | 10 February 1975–21 October 1986 | (none) | Whitlam | None; Senator, Attorney-General of Australia | Died in office |
31 | Sir Keith Arthur Aickin | Victoria | 1916–1982 | 20 September 1976–18 June 1982 | (none) | Fraser | None; Queen's Counsel | Died in office |
32 | Sir Ronald Darling Wilson | Western Australia | 1922–2005 | 21 May 1979–13 February 1989 | (none) | Fraser | None; Solicitor-General of Western Australia | Resigned |
33 | Sir Francis Gerard Brennan | Queensland | 1928 –. | 12 February 1981–21 May 1998 | 21 April 1995–21 May 1998 | Fraser (Justice) Keating (Chief Justice) |
Federal Court of Australia | Retired |
34 | Sir William Patrick Deane | New South Wales | 1931 –. | 25 June 1982–11 November 1995 | (none) | Fraser | Federal Court of Australia | Resigned to become Governor-General of Australia |
35 | Sir Daryl Michael Dawson | Victoria | 1933 –. | 30 July 1982–15 August 1997 | (none) | Fraser | None; Solicitor-General of Victoria | Resigned |
36 | John Leslie Toohey | Western Australia | 1930 –. | 6 February 1987–2 February 1998 | (none) | Hawke | Federal Court of Australia | Resigned |
37 | Mary Genevieve Gaudron | New South Wales | 1943 –. | 6 February 1987–31 January 2003 | (none) | Hawke | None; Solicitor-General of New South Wales | Resigned |
38 | Michael Hudson McHugh | New South Wales | 1935 –. | 14 February 1989–1 November 2005 | (none) | Hawke | Supreme Court of New South Wales (New South Wales Court of Appeal) | Retired |
39 | William Charles Montague Gummow | New South Wales | 1942 –. | 21 April 1995–. | (none) | Keating | Federal Court of Australia | — |
40 | Michael Donald Kirby | New South Wales | 1939 –. | 6 February 1996–2 February 2009 | (none) | Keating | Supreme Court of New South Wales (President of the New South Wales Court of Appeal) | Retired |
41 | Kenneth Madison Hayne | Victoria | 1945 –. | 22 September 1997–. | (none) | Howard | Supreme Court of Victoria (Victorian Court of Appeal) | — |
42 | Ian David Francis Callinan | Queensland | 1937 –. | 3 February 1998–31 August 2007[2] | (none) | Howard | None; Queen's Counsel | Retired |
43 | Anthony Murray Gleeson | New South Wales | 1938 –. | 22 May 1998–29 August 2008[3] | 22 May 1998–29 August 2008[3] | Howard | Chief Justice of New South Wales | Retired |
44 | John Dyson Heydon | New South Wales | 1943 –. | 1 February 2003–. | (none) | Howard | Supreme Court of New South Wales (New South Wales Court of Appeal) | — |
45 | Susan Maree Crennan | Victoria | 1945 –. | 1 November 2005–. | (none) | Howard | Federal Court of Australia | — |
46 | Susan Mary Kiefel | Queensland | 1954 –. | 4 September 2007–. | (none) | Howard | Federal Court of Australia | — |
47 | Robert Shenton French | Western Australia | 1947 –. | 1 September 2008–.[3] | 1 September 2008–.[3] | Rudd | Federal Court of Australia | — |
48 | Virginia Margaret Bell | New South Wales | 1951 –. | 3 February 2009–.[4] | (none) | Rudd | Supreme Court of New South Wales (New South Wales Court of Appeal) | — |
* Albert Piddington resigned from the High Court before being sworn in. He never sat on the High Court bench.
Name | State | Date appointed | Mandatory retirement | Prime Minister at time of appointment | Previous judicial posting |
---|---|---|---|---|---|
Chief Justice Robert French | WA | 1 September 2008 | 19 March 2017 | Rudd (ALP) | Federal Court of Australia |
Justice William Gummow | NSW | 21 April 1995 | 9 October 2012 | Keating (ALP) | Federal Court of Australia |
Justice Kenneth Hayne | Vic | 22 September 1997 | 5 June 2015 | Howard (Liberal) | Supreme Court of Victoria |
Justice John Dyson Heydon | NSW | 1 February 2003 | 1 March 2013 | Howard (Liberal) | Supreme Court of New South Wales |
Justice Susan Crennan | Vic | 1 November 2005 | 1 July 2015 | Howard (Liberal) | Federal Court of Australia |
Justice Susan Kiefel | Qld | 4 September 2007 | 17 January 2024 | Howard (Liberal) | Federal Court of Australia |
Justice Virginia Bell | NSW | 3 February 2009 | 7 March 2021 | Rudd (ALP) | Supreme Court of New South Wales |
This chart illustrates the composition of the High Court. It indicates the seven seats of the court, and who has occupied each seat at different points in the court's existence. The red portions represent the future part of a judge's term, and show the date at which they are bound to retire from the court (although they may choose to retire before that date). The blue portions of a judge's term show a period in which that judge was Chief Justice.