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A-G snubs female candidate for less experienced judge, lawyers say
The appointment of a new Chief Justice to the Supreme Court of Tasmania was met with “shock and disappointment” from those who believed a more experienced, woman judge was overlooked.
Naomi Neilson
Late last week, Tasmania’s Attorney-General Guy Barnett appointed Chris Shanahan SC to take over from retiring Chief Justice Alan Blow AO, who had spent over a decade in the top job.
“TWL wishes to express shock and disappointment that the most senior judge in the Supreme court of Tasmania … has been overlooked for the position of Chief Justice,” the association said in a statement.
“The apparent decision to overlook one of Tasmania’s most highly respected and experienced judicial officers for this appointment is deeply concerning and disappointing – particularly in light of the ongoing need to address gender inequity in the highest levels of the legal profession.”
Not only was Justice Wood the first female magistrate, but she was also the second woman to be appointed to the Supreme Court and to become a senior puisne judge in the history of the Tasmanian judiciary.
With over 30 years of experience, Justice Wood has dedicated herself to the advancement of the Tasmanian justice system and has been a “vanguard” for women across the legal profession.
TWL said only four out of 14 chief justices were not existing puisne judges. Of those, three had “substantially contributed towards the legal framework or function of the law in Tasmania”, either in the position of magistrate, solicitor-general, or attorney-general.
All 14 have also been men.
In comparison, Justice Shanahan was acting commissioner of the Corruption and Crime Commission of Western Australia and was a senior sessional member of the State Administrative Appeals Tribunal.
Justice Shanahan has “no apparent connection” to Tasmania.
“The Attorney-General has provided no explanation as to why the new appointee was the most appropriate candidate for the role, or any justification as to why they have chosen to step away from a strongly held tradition of judicial experience and connection with people and place,” TWL said, adding it would raise its concerns with Barnett.
TWL said the appointment has highlighted the need for “ongoing action” and commitment from the government to address gender inequity.
“TWL looks forward to the day where qualified women are not overlooked, and Tasmania has a woman as Chief Justice in Tasmania,” the association said.
The Law Society of Tasmania’s president, Will Justo, said the government “did not follow [its] own judicial appointment protocol” by not consulting the society prior to Justice Shanahan’s appointment.
“We are stakeholders and, whilst the decision is a matter for the Attorney-General, the society feels strongly that the protocol should be followed and that we expect consultation on all matters relevant to our profession and legislative change,” Justo said.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
