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A moment in ChAmBers: chief justice marilyn Warren Duty to justiCe n 25 November, Marilyn Warren are happy and of course the new lawyers are reached 10 years as Chief Justice of just so excited. That is a wonderful thing to After 10 years in the O the Supreme Court of . In the do, a real privilege,” Chief Justice Warren lead-up to this significant milestone, theLIJ said, speaking in her chambers. role, Chief Justice was given access to the workaday world of the The majority of those lawyers admitted by most senior judge in the state. Chief Justice Warren are women but statistics Marilyn Warren In an interview, accompanied here for the reveal that within five years of graduating, a first time by a series of candid photographs large number of women have left the profes- spoke to the LIJ about taken over the course of one week, the Chief sion. Those who stay, research has found, are Justice spoke frankly on a range of topics. She not promoted to the upper echelons of the pro- the highlights and commented on challenges facing the courts fession in anything like equitable numbers and the legal profession, and nominated with their male counterparts. From special challenges of leading highlights of her decade in the job – not least counsel to partner to the judiciary, women admitting more than 10,000 lawyers over are thin on the ground – and getting thinner the Supreme Court. the journey. if you consider the shrinking percentage of By Carolyn Ford “One of the absolute joys of being Chief female judicial representation in the County Justice is presiding at admission ceremonies. Court since 2011 – 46 per cent down to 31 per I must have presided over 10,000 admit- cent in 2013. tances. I go into those ceremonies and the Chief Justice Warren, the first woman atmosphere is just wonderful. The parents to lead the Supreme Court in its 150-year are beaming. The lawyers moving admission history and who also holds the position

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on the BenCh: the chief justice sits on a civil appeal in the red court of the court of Appeal with justice pamela tate and justice joseph santamaria AnD genDer of Lieutenant-, said men. She still sees the ‘sea of suits’ that I used part, to the increasingly competitive legal while the pace of change for women in the to see. environment. legal profession hadn’t exactly been glacial, “We have had women presidents of the LIV “It’s become more competitive, there are she felt progress had plateaued which was and other leaders and yet we are still not see- more people with less work. So inevitably disappointing. ing women rising to partnership to the level there will be resistance to giving anything “I am very disappointed given the number that we would expect. up in favour of others for the sake of diver- of women law graduates, then the number of “On top of that, we have had very disturb- sity. The second point is that the last are going women being admitted to practice, how that ing information contained in the Human to be the hardest yards for women. We need is not translating into more women appearing Rights and Equal Opportunity Commission in the legal community to remain alert to the report on the legal profession in Victoria. I fact that the achievement of diversity in the in court in cases as barristers, women being was very alarmed to read of the experiences profession and the courts is not finished yet. appointed as partners in the firms and oth- of some women . . . sexual harassment in par- There is a lot more to do. The moment we start erwise having a more prominent role in the ticular but also deprivation of opportunity to to say, well, that’s been done, and cease our legal profession. do the better work. resilience, we will just go backwards.” “We have not only had a woman chief “Similar stories abound at the Victorian Judicial diversity, the Chief Justice said, justice, but a number of women appointed Bar and I have seen it myself. We simply do shouldn’t be a goal for its own sake. “It is about in the courts. If I take the example of Justice not see women represented in court the way ability. I would have reservations about an [Anne] Ferguson, who was a solicitor before we ought given the levels of graduation and individual being appointed to judicial office being appointed. She runs the Corporations admission. So there is a lot to do.” solely for reasons of achieving diversity. List. I ran that List 12-13 years ago and things Chief Justice Warren’s own theory about But sometimes an opportunity to achieve have not changed. It is still dominated by why this disconnect has occurred relates, in diversity is overlooked by being unduly

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demanding of the standard of merit that has Chief Justice Warren said significant mile- CloCkwise From top leFt: to be achieved before an appointment will be stones had been reached. They included the chief justice talks with the Aide made. And so it is the old story that some- implementation of Court Services Victoria, to the Governor, brooke mitchell, times women have to be twice as good to be (see New Independence for courts and VCAT before the start of the 2013 Victorian regarded as an equal. That kind of mindset on page 13), change in the criminal jurisdic- senior of the Year Awards has to be tackled and confronted. If ability tion, re-establishment of the court as a strong With staff, private secretary jan Funston is there, then opportunity should be given.” common law jurisdiction with new areas and legal and policy officer claire downey On a personal note, the Chief Justice such as class actions and environmental law. the chief justice stands for the acknowledged she had suffered sex discrim- “Across the board we have seen an increase National Anthem in the ballroom ination in her career. Not long out of Monash in volume of work, and most significantly, we at Government house for the 2013 law school, she applied for a job in the crimi- have seen the repositioning of the court as a Victorian senior of the Year Awards nal law branch of the Crown Solicitor’s Office, very significant superior court in Australia.” considering the point, only to be told the Crown Solicitor didn’t think Myriad other achievements include: during a staff meeting women should be employed in that branch reforms in the Court of Appeal, fewer delays Below: discussing a draft as solicitors – or even typists – due to the in criminal appeals, new measures to reduce judgment with associates Nicholas unpleasant nature of the work. It was 1976. delays in civil appeals, establishment of the elias (left) and tim jeffrie “I have suffered times of disillusionment commercial court which has been a great when I have been subject to awful discrimi- nation on the ground of gender, told I couldn’t have a job because I was a woman. That is really confronting because I can’t change my gender. When that happens it sets you back but if you have the ambition of being a lawyer and believe in yourself and the legal system, well you just press on.” Pressing on has seen the Chief Justice embrace what she described in a speech given before her current appointment as women’s “duty to gender” – to accept all opportunities for advancement, even if it meant making per- sonal sacrifices. “Inevitably you do [make personal sac- rifices], but I don’t have any regrets. But in terms of sacrifices, there are the demands of the role and the impact on personal life, but it has been very fulfilling for me personally and there is more to be done.” Reflecting on the past 10 years, which after almost 40 years in the law she identifies as a time of “immense pressure and change”,

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attractor of litigation to Victoria, as well as a technology court, a costs court, an ADR facil- ity, a mega-trial court, a change from master to associate justice and refurbishment of the Supreme Court building. Alongside the court’s achievements have been its challenges. These include adequate resourcing and the built environment. “We operate across up to six locations at any given time and that is a challenge. On the other hand we have the privilege of working in one of Victoria’s most beautiful heritage buildings. But beautiful and all as it is, it is often dysfunctional and that places demands on the court. And also, it causes concerns about security and public safety.” The future for the Supreme Court under Chief Justice Warren’s stewardship will see the advent of technology. “When people come into the court they “Rolls Royce system” but of a satisfactory “One of the court’s highest priorities will be should have confidence they will receive jus- standard-employment of more law gradu- to become a fully technologically based court tice, and that justice will be administered in ates in a straitened profession, national legal . . . that will enable litigators to conduct litiga- accordance with the law, but in a way that profession reform and lawyers maintaining tion in a 21st century environment. they feel justice has been done. Going back standards and expanding their skills. “I have set my own personal deadline of to the difficulties of this building, one of its Chief Justice Warren pointed out that 1 January 2016. It is my goal that we will drawbacks is the way in which we treat vic- young lawyers needed to be nurtured and become a totally paper-free environment. In tims of crime, witnesses in cases and people mentored – not exploited. “They are not a other words, no trolleys and no folders in the who are compelled to come to court such as commodity, they are the future of the law and front door. It will all be e-trials and appeals jurors. The facilities are not satisfactory at all. they need to be looked after and nurtured. We in every sense.” “It’s all about educating the commu- need to be very alert to that and look after A more immediate aim is embracing nity about the significance and value of the these young people.” social media, facilitating better commu- Supreme Court, but with that, we as judges and Underpinning all the court’s achieve- nications with the wider community [see those involved in the court have to be account- ments, those won and those yet to come, is the “@scvsupreme court” on page 14]. able and transparent about what we do. pursuit of excellence by its dynamic leader. The court’s connection to the people of “At the end of the day what we need to do is “Excellence leads to providing timely Victoria is a theme running through its future provide justice in a way that the community justice, reduction in delays, providing juris- goals. Chief Justice Warren said she wanted has confidence in, and that it can know the rule prudence of the highest possible quality. to improve community understanding of the of law is protected and applied in this state.” The bottom line, however, is providing the court through education and schools, and Future challenges for the legal profession administration of justice at the highest level also the experience of people who go to court. include adequate legal aid funding – not a we can.” l

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