A SAWMILLER'S son with a black belt in taekwondo was yesterday appointed Australia's 49th High Court judge.
Stephen Gageler, SC, who has been Commonwealth Solicitor-General since 2008, will join the bench in October when Justice William Gummow turns 70, the compulsory retirement age for High Court judges.
After declaring in March she wanted to cast a wider net for judges and counter the over-representation of male barristers from Sydney on the land's highest court, Attorney-General Nicola Roxon yesterday announced the appointment of Mr Gageler a male barrister from Sydney.
"I always have said that the best person for the job would be chosen. I believe that Stephen is the best person for the job," she said.
Mr Gageler's appointment was universally welcomed yesterday, including by the federal opposition and the Law Council of Australia. New South Wales Attorney-General Greg Smith said Mr Gageler had "the necessary depth of knowledge and intelligence to make an excellent contribution to the High Court", while the president of the NSW Bar Association, Bernard Coles, QC praised him as "one of this country's finest legal minds".
Mr Gageler, 54, was born in the Upper Hunter Region of NSW, on a four-hectare property that also housed his father and grandfather's sawmill business.
He attended Muswellbrook High School before completing law and economics degrees at the Australian National University and a master of laws at Harvard. After graduating from the ANU he worked as an associate to High Court judge Sir Anthony Mason, who coincidentally was the last Commonwealth solicitor-general to be appointed to the High Court. Mr Gageler is married with three children.
Paul Daley, the clerk of Eleven Wentworth chambers, where Mr Gageler worked from 1991 until 2008, yesterday described Mr Gageler as "one of the most humble barristers". "He is one of the most unassuming, down to earth [senior counsel] you would ever meet. Everyone just absolutely loved him."
As Solicitor-General, Mr Gageler has made the Commonwealth's case in its successful defence of cigarette plain packaging laws, as well as its losses on the Malaysia solution and the national school chaplaincy program.
But experts yesterday said these defeats were not a reflection of Mr Gageler's abilities. "I've never seen anyone who has doubted his qualities as a lawyer or advocate," said George Williams, the Anthony Mason Professor of Law at the University of NSW. "Even the very best lawyers and advocates will suffer defeats. In any case, somebody's got to win and lose."
Mr Gageler is the third appointment by the Rudd and Gillard Labor governments to the seven-member bench of the High Court, following the appointments of Chief Justice Robert French and Justice Virginia Bell.
The government will announce another appointment before the end of the year to replace Justice Dyson Heydon, who is due to retire next March.
Frequently Asked Questions about this Article…
Who is Stephen Gageler and what is his new role on the High Court of Australia?
Stephen Gageler, SC, is the Commonwealth Solicitor‑General since 2008 who was appointed as Australia’s 49th High Court judge. He will join the High Court bench in October, filling the vacancy created when Justice William Gummow turns 70.
When does Stephen Gageler take his seat on the High Court and why that timing?
Gageler will join the High Court in October when Justice William Gummow reaches the compulsory retirement age of 70. High Court judges in Australia must retire at age 70, which determines the timing of the appointment.
What major cases did Gageler handle as Commonwealth Solicitor‑General that everyday investors should know about?
As Solicitor‑General, Gageler led the Commonwealth’s successful defence of the cigarette plain packaging laws. He also argued in high‑profile matters where the Commonwealth lost, including challenges relating to the Malaysia solution and the national school chaplaincy program—high‑visibility constitutional and regulatory matters investors often watch.
What is Stephen Gageler’s legal and personal background?
Gageler was born in the Upper Hunter region of NSW, grew up on a property that housed his family’s sawmill, attended Muswellbrook High School, completed law and economics degrees at the Australian National University, and earned a master of laws at Harvard. He worked as an associate to High Court judge Sir Anthony Mason, practised at Eleven Wentworth chambers from 1991 to 2008, and is married with three children.
How was Gageler’s High Court appointment received by the legal community and politicians?
His appointment was universally welcomed, including praise from the federal opposition, the Law Council of Australia, NSW Attorney‑General Greg Smith—who highlighted Gageler’s depth of knowledge—and the president of the NSW Bar Association, Bernard Coles QC, who called him one of the nation’s finest legal minds.
Does Gageler’s appointment change the recent pattern of High Court appointments by the Rudd and Gillard governments?
Gageler is the third appointment by the Rudd and Gillard Labor governments to the seven‑member High Court bench, following Chief Justice Robert French and Justice Virginia Bell. The government also indicated it will announce another appointment before the end of the year to replace Justice Dyson Heydon, who is due to retire next March.
Could a High Court appointment like Gageler’s affect regulated industries or investor confidence?
Gageler’s track record includes major regulatory litigation—most notably the successful defence of cigarette plain packaging laws—so his experience in constitutional and regulatory cases is relevant to businesses in heavily regulated sectors. High Court decisions in such areas can have material implications for companies and investors who monitor legal and regulatory risk.
Was there any discussion about diversity or geographic representation related to Gageler’s appointment?
Attorney‑General Nicola Roxon had said she wanted to cast a wider net to counter the over‑representation of male barristers from Sydney on the High Court. Despite that, she announced Gageler, a male barrister from Sydney, saying she had chosen the best person for the job. The appointment was nonetheless widely supported across the political and legal spectrum.
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