The Australian Women's Register

Formerly known as the Federal Magistrates Court of Australia, the Federal Circuit Court of Australia is an independent federal court under the Australian Constitution which was established by the Federal Circuit Court of Australia Act 1999 (formerly the Federal Magistrates Act). The jurisdiction of the Federal Circuit Court broadly includes family law and child support, administrative law, admiralty law, bankruptcy, copyright, human rights, industrial law, migration, privacy and trade practices. The first chief magistrate of the Federal Circuit Court was the Hon. Diana Bryant AO, the current Chief Justice of the Family Court of Australia.

The Family Law Council, which began operations in 1976, is a statutory authority established under section 115 of the Family Law Act 1975. It advises and makes recommendations to the Attorney-General with regard to: the workings of the Family Law Act and other legislation relating to family law; the working of legal aid in relation to family law and any other matters relating to family law. The Council comprises a chairperson and usually eight to 10 members who are appointed by the Attorney-General in consultation with the Prime Minister and Cabinet.

The District Court is constituted under the District Court of Queensland Act 1967 (QLD). It deals with serious criminal offences such as rape, armed robbery and fraud. It also hears appeals from cases decided in the Magistrates’ Court and disputes involving sums greater than $150,000 but less than $750,000. The judges of the District Court also sit in the Planning and Environment Court and in the Children’s Court of Queensland.

The District Court of New South Wales is the intermediate court in the state’s judicial hierarchy. It is a trial court – the largest in Australia – and it has an appellate jurisdiction. The Court’s judges, of which there are more than 60, also preside over a number of tribunals. The District Court Act 1858 (22 Vic No 18), which was assented to on 12 November 1858, established district courts and divided the then Colony of New South Wales into Districts. The District Court Act 1973 established a single District Court of New South Wales, with a state-wide criminal and civil jurisdiction.

The County Court of Victoria is the intermediate court in the Victorian court hierarchy and the principal trial court in the State. County Courts were established in 1852 by the County Courts Act, which was amended in 1957 to create one County Court in, and for, the State of Victoria.

Established in 1861, the Supreme Court is the highest court in Western Australia, with responsibility for both criminal and civil matters. Additionally, it is the State’s main appeal court. The Supreme Court is divided into two divisions – the General Division and the Court of Appeal. The Court comprises the Chief Justice, 20 Judges, one Master, the Principal Registrar and eight Registrars.

The Children’s Court of Western Australia deals with offences alleged to have been committed by young people aged 10 to 17 years. The Court began as the Perth Children’s Court under the State Children’s Act 1907 and operated within the City of Perth. Following amendments to the Act, the Court was permitted to sit in the metropolitan area. With the passing of the Children’s Court of WA Act 1988, it became known as the Children’s Court of WA.

The Court of Appeal Division of the Supreme Court was established on 1 February 2005 following the proclamation of the Acts Amendment (Court of Appeal) Act 2004. The Court hears appeals from decisions of a single judge of the Supreme Court and from judges of the District Court as well as various other courts and tribunals. It also hears criminal appeals against sentences, such as the length of imprisonment, and appeals against conviction.

Established in 1992, the Children’s Court of Queensland (CCQ) deals with all juveniles who commit criminal offences while under the age of 17 years, unless the court orders that the matter be dealt with in an adult court. The CCQ is presided over by judges who have been appointed from the District Court. There is no jury. Matters are heard in accordance with the guidelines set down in the Children’s Court Act 1992 and the Youth Justice Act 1992. Matters involving children can, in addition, be heard in the Magistrates or Supreme Court.

The Supreme Court of Victoria is the superior court in the State. As such, it hears among the most serious criminal, and complex civil, cases in the state, as well as some appeals from Victorian courts and tribunals. It comprises two divisions, namely the Trial Division and the Court of Appeal. The Supreme Court sat for the first time on 10 February 1852.

Formerly known as the Human Rights and Equal Opportunity Commission, the Australian Human Rights Commission is Australia’s national human rights watchdog. An independent statutory body which reports to the Parliament of Australia through the Attorney-General, it was established on 10 December 1986 and comprises: a president and seven commissioners; Aboriginal and Torres Strait Islander Social Justice Commissioner; Age Discrimination Commissioner; Children’s Commissioner; Disability Discrimination Commissioner; Human Rights Commissioner; Race Discrimination Commissioner and a Sex Discrimination Commissioner

Established in 1994, the Court of Appeal – one of the two divisions of the Supreme Court of Victoria (the other being the Trial Division) – determines whether a trial was conducted fairly, and whether the law was correctly applied. A bench, usually comprising three judges, hears criminal or civil cases decided in the County Court or Supreme Court Trial Division, and some appeals from the Victorian Civil and Administrative Tribunal. Currently 12 judges serve on the Court of Appeal.

The Administrative Review Council, a separate advisory body until 2015, when its functions were consolidated into the Attorney-General’s Department, is responsible for overseeing and monitoring the Australian system of administrative review. Established to provide advice to the Attorney-General on strategic and operational matters relating to that system, the Council first met on 15 November 1976. It currently comprises five ex officio members and two appointed members.

The Supreme Court of South Australia is the superior court of the State and is a court of both law and equity. It deals with the most important civil cases and the most serious criminal matters. In its appellate jurisdiction, the Supreme Court reviews and determines errors which may have occurred in other courts of the State and interprets and expounds the law for the guidance of other courts. The court was set up by ordinance of 7 Will. IV c.5 on 2 January 1837, five days after the Colony of South Australia was founded. Its first sitting was held on 13 May 1837.

The Supreme Court is the highest court in Queensland. It is made up of two divisions: the Trial Division and the Court of Appeal. While the Trial Division hears the most serious criminal cases, as well as all civil matters involving amounts of more than $750,000, the Court of Appeal hears appeals from the District and Supreme Courts and also from tribunals.

The Court of Appeal is one of the two divisions of the Supreme Court of Queensland, the other being the Trial Division. Established in 1991, the Court of Appeal hears appeals from the District and Supreme Courts and from tribunals. Decisions of the Court of Appeal are made by a panel of three to five judges of the Supreme Court.

The Northern Territory Anti-Discrimination Commission was established in 1993 with the aim of eliminating discrimination by raising awareness about the rights and responsibilities of individuals under the Northern Territory Anti-Discrimination Act. The Commission has three main roles: public education and training; the handling of complaints and community engagement.

The Magistrates’ Court of South Australia was established by the Magistrates Court Act 1991. The Court handles the greatest proportion of litigation in the State. It has four jurisdictions: Civil (General Claims); Civil (Minor Claims); Civil (Consumer and Business) and Criminal.

The A.C.T. (Australian Capital Territory) Magistrates Court (known as the Court of Petty Sessions from November 1930 until 1 February 1986) operates under the Magistrates Court Act 1930. The Act provides the Court with summary jurisdiction to hear both civil and criminal matters. Magistrates in the A.C.T. are appointed by the executive government after having worked as legal practitioners for more than five years. Magistrates hear civil disputes between individuals or groups such as corporations and associations; they also hear A.C.T. offences which carry a maximum sentence of two years imprisonment or less and Commonwealth offences with a maximum penalty of less than one year. In addition, they hear matters in the Children’s Court, Coroner’s Court and Industrial Court.

The High Court is the highest court in the Australian judicial system. Established in 1901 by Section 71 of the Constitution, the functions of the High Court are: to interpret and apply the law of Australia; to decide cases of special federal significance including challenges to the constitutional validity of laws and to hear appeals, by special leave, from Federal, State and Territory courts. The High Court has a maximum of seven justices, including a chief justice.

The Northern Territory Local Court was established by the Local Court Act 2015. The Court hears criminal and civil matters. Among changes to be introduced in 2016, magistrates were renamed judges and the limit of civil claims was raised from $100,000 to $250,000.

Anne Ward is a professional company director with extensive experience in business management, strategy, finance, risk and governance. Prior to becoming a professional director, Anne had a successful career as a commercial lawyer for 28 years advising major corporations on strategic transactions, mergers and acquisitions, capital markets, contract law and regulation and corporate governance. She was General Counsel for National Australia Bank for Australia and Asia and was a partner at national law firms Minter Ellison and Herbert Geer.

The Northern Territory Women Lawyers’ Association was established in the 1980s.

Julie Ward was the first woman directly appointed as a solicitor in private practice to the New South Wales Supreme Court. Prior to her appointment as a Judge, she was a Partner at Mallesons Stephen Jaques.

Formally established in 2004, the Women Barristers Forum (WBF) is a section of the New South Wales Bar which was created to promote and support women at the New South Wales Bar.

Marilyn Warren (BJuris 1973, LLB 1974, LLM 1983, HonLLD 2004) was appointed Chief Justice of the Supreme Court of Victoria in November 2003. She is the first woman to be appointed to this office in an Australian Supreme Court.

Chief Justice Warren, who holds the degrees of Bachelor of Jurisprudence, Bachelor of Laws and Master of Laws from Monash, commenced her legal career in the Victorian Public Service and was admitted to practice in 1975.

She was employed in various government legal offices including as a senior legal policy adviser to three Attorneys-General: Haddon Storey, John Cain and Jim Kennan. She was later appointed an assistant chief parliamentary counsel.

Chief Justice Warren signed the Roll of the Victorian Bar in 1985 and practised predominantly in the areas of administrative law, commercial law and town planning.

She served as a member of the Bar Council’s Law Reform Committee for eight years from 1986 to 1994. In 1997 she took silk.

In 1998 she was appointed to the Supreme Court of Victoria and presided in all jurisdictions, in particular the Corporations List and the Commercial List, of which she was the judge in charge for three and a half years. She has sat in a number of significant trials and appeals and continues to sit in all jurisdictions in her capacity as Chief Justice.

In 2004 she was awarded an Honorary Doctorate of Laws in recognition of her service to the law and the community. In 2005 she was appointed a Companion of the Order of Australia for service to the judiciary and to the legal profession particularly the delivery and administration of law in Victoria, to the community in areas affecting the social and economic conditions of women and to forensic medicine internationally. In 2006, she was appointed as Lieutenant-Governor of Victoria.

In 2014 Chief Justice Warren was named the Monash University Faculty of Law Distinguished Alumni of the Year and the overall Monash University Distinguished Alumni of the Year.

The Chief Justice is also the Chair of a number of Victoria legal bodies including the Courts Council, the Judicial College of Victoria, and the Judicial Commission of Victoria.

Formed in 1993, the Women Barristers’ Association (WBA) is open to all members of the Victorian Bar to join. The Hon. Marilyn Warren AC, Chief Justice of Victoria, is the current patron of the WBA. The WBA’s aims are to:

• Provide a professional and social network for women barristers;
• Promote awareness, discussion and resolution of issues which particularly affect women;
• Identify, highlight and eradicate discrimination against women in law and in the legal system;
• Advance equality for women across the legal profession generally.