Eight years ago, almost to the day, I was sitting excitedly with the other Associates at the back of Court Room One in the Commonwealth Law Courts Building, Melbourne. The occasion? Several new judges were being sworn into the court – but there was one that we were all talking about: Justice Michelle Gordon.
The excitement was understandable. Amongst the parade of older men there was one face that stood out; the face of a younger woman. This kind of face was a rarity, and still is, in the superior courts of Australia. In 2007, Justice Michelle Gordon was one of only a handful of women on the Court, and one of only two in the Victorian Registry where we all worked.
I turned to my fellow Associate, an American graduate from Yale Law School, who had already had the opportunity to meet the Judge. I asked the question that was on all of our minds that day and is on the minds of many Australians as Justice Michelle Gordon prepares to take her place as the 52nd Justice of the High Court of Australia, and only the fifth woman to ever hold that illustrious position, “what is she like?” His response: “she’s cool” “really cool”. And she is.
The appointment of Justice Michelle Gordon to the High Court of Australia is an achievement to celebrate. She is an interesting appointment – but not for the reasons that regrettably much of the mainstream press chose to focus on. (Thankfully not all – hat tip to some excellent reporting by Katie Walsh in the Australian Financial Review). Frankly, who she is married to is not the most interesting thing about her.
To focus on this, rather than to focus on her is a lamentable, but unfortunately predictable response to this appointment in a climate where sexist discourse is rife, and success by women is often met with suspicion. At a moment in time when we see the number of federal women judicial appointments in decline, it is also a dangerous strategy. So let’s focus on her; a solicitor, a barrister, an academic, a judge, a reformer, a mentor, and best of all, a really cool woman.
The usual biographical history has already been well rehearsed by the media. Born and raised in Perth, graduating from the University of Western Australia, and then moving to Melbourne, a city where she was wholly unknown and unconnected, to forge through her talents and relentless work ethic, a spectacular career in commercial litigation. Those who know her know that Michelle Gordon moves fast. It is a matter for the rest of us to try and keep up.
She rose to the status of Senior Associate at Arthur Robison & Hedderwicks (now Allens) by her mid 20’s (nothing to sniff at) and in 1992 was called to the Victorian Bar at the age of 28. Tax litigation was her specialty but this is no one-trick pony. She excelled in a wide array of commercial and regulatory areas and at the same time, had a prominent practice in the highly specialized and niche area of international extradition law – a grounding that would stand her in good stead as she later presided over the high profile extradition of the notorious Melbourne ganglands figure, Tony Mokbel, in 2007.
Michelle Gordon’s talents quickly set her out as junior of choice, and with swift progression in 2003 she became Michelle Gordon QC. Given her specialty in litigation of Federal concern, as well as her frequent appearances before the High Court of Australia arguing key constitutional law cases, judicial appointment was a matter of when, not if. Her well-deserved elevation to the Federal Court of Australia came in 2007
You would be hard pushed to find someone who works harder than Justice Gordon. The matters she has presided over are no less than massive; ABN Amro, Centro, the ANZ bank fees class action to name but a few. These are amongst the cases that put the ‘mega’ into mega litigation. Prompt and precise judgments are her forte. Counsel appearing before her must be prepared. She certainly is. Justice Gordon is renowned for the extent to which she reads into cases before oral hearing, her forensic ability and stamina to oversee overwhelming cases – to get the parties to focus on the pertinent issues at hand. She cuts through the noise and gets the parties to focus on one simple, but often overlooked question: what is the pertinent legal issue in dispute?
Almost immediately after appointment Justice Gordon put her first major mark on the Federal Court of Australia. Alongside the former Justice Ray Finkelstein, Justice John Middleton and others, Justice Michelle Gordon pioneered the pilot in the Victoria Registry of the commercial fast track docket (the ‘rocket docket’)– involving modernizing strategies of case management and guaranteed turn-around times for reserved decisions. This pilot would prove so successful that it would be rolled out nationally in the Federal Court of Australia and used as a model of best practice for commercial litigation world-wide.
This initiative would highlight her efficiency and her desire for litigation and access to justice to be effective and proportional. It demonstrates her efforts to ensure that court resources are not wasted and commercial disputes economically resolved. On his retirement, former Chief Justice of the Federal Court of Australia, Michael Black, referred to the ‘rocket docket’ as one of the most significant modernizing reforms of his 19 year period of leadership. Justice Michelle Gordon was central to this initiative.
These massive endeavors on the bench haven’t prevented Justice Gordon from enabling a sense of community and collegiality amongst the wider legal profession. She sits on faculty as a Senior Fellow at the University of Melbourne, teaching in the areas of tax, commercial litigation and statutory interpretation. Her ability to transverse so many different arms of the profession – the firm, the bar and the academy, the bench,- is illustrative of her flexibility, respect for all parts of the legal profession and appreciation of the mutually reinforcing work that they all do.
The modernising spirit evident in her work at the Federal Court has also been evident in other aspects of her judicial career. As she said in her swearing-in speech to the Federal Court of Australia, “I believe that professionally a person should be judged by the nature and quality of their work, and not by any other fact or matter.” This is true. But it is also coupled with her acute understanding about the manner in which social structures inhibit the full participation of many in our society, and particularly in law.
Having championed Indigenous Associate programmes at the Federal Court of Australia and mentored young indigenous lawyers and students thought programmes such as Tarwirri, the Indigenous Law Students and Lawyers Association of Victoria, she is a staunch advocate for the inclusion of indigenous lawyers. Not only does she lead by example for young women in law, she is tireless in her efforts to mentor and promote young women lawyers. Those who have been lucky enough to be on the receiving end of this know that when Michelle Gordon has your back, the sky is the limit.
So with this rich portrait in mind, let us celebrate the appointment of Justice Michelle Gordon to the High Court of Australia. Because this appointment is about her, and no one else. Let’s do this in a manner that is fitting – by reflecting on her achievements, her energy, her stamina, her vision and her promise for the future of Australian law. If we can’t do this, then unfortunately it will be a sad reflection on us and a great injustice to the future of our legal system, and women’s rightful place in its highest echelons.