412:, who said that he didn't realise such sexual discrimination still existed. Gaudron said that "the discrimination being practised in that particular hotel was nothing compared to the discrimination over which he would undoubtedly preside when he became Minister for Industrial Relations after the next election." However, the Whitlam government was elected on 2 December, and Cameron duly became Minister for Industrial Relations. Whitlam called Gaudron on 3 December to hire her to argue the case for equal pay.
428:(an organisation she would later work for). However, Gaudron later came to regard her argument, that Australia had not ratified the Convention because the commission would not grant equal pay (thus preventing Australia from fulfilling its obligations under the convention), as somewhat disingenuous, and recalled it with a measure of embarrassment.
674:, described Gaudron's contribution to Australian law as "an extraordinarily humanising effect ... the strong views she expresses in cases involving discrimination and like issues, are very influential and important in the development of the law in those areas". The Anti-Discrimination Commissioner of
298:
and Evatt replied that "you could call it the Ten
Commandments of government." Gaudron then asked for a copy and Evatt subsequently sent her one in the mail. Gaudron, expecting two stone tablets, was disappointed to receive only a small pamphlet. However, when the school bullies declared the pamphlet
407:
Early in 1972, Gaudron had entered a bar with a male barrister friend when the waitress informed the friend that the bar did not serve women. Gaudron "patiently explained to the barmaid that my friend didn't want a woman because he'd brought his own," eventually creating "something of a scene" which
389:
QC, preferring her ability over the veteran. According to O'Shaughnessy, 'she cut a valiant figure, this "slip of a girl", who stood unsupported before the five legal elders of the land. They were obviously impressed by her courage, her sheer elegant dash, her shining intellect finding expression in
419:
and supported by the
Whitlam government, extended the reach of the original but limited equal pay decision of 1969. Prior decisions had guaranteed equal pay only for certain specific occupations and later, certain limited industries (industries traditionally considered 'women's work', such as the
611:
On 21 June 2002, Gaudron announced her retirement from the High Court, effective from 10 February 2003. She left the court at the age of just 60, ten years before she reached the mandatory retirement age. Gaudron's early retirement was lamented by all areas of the legal profession. Justice
700:
Gaudron has two daughters, Danielle and
Julienne, with her first husband, Ben Nurse. Danielle was born during her final year of Law School and Julienne was a baby at her appointment to the Arbitration Commission. She also has a son, Patrick, with her second husband, John Fogarty.
294:, discussing the upcoming referendum and the Constitution, and Gaudron, not knowing what Evatt was referring to, asked "Please sir, what's a Constitution?" Evatt explained that it was "the laws by which Parliaments were governed." Gaudron asked whether it was similar to the
639:
published anonymous remarks stating "a melancholy catalogue of sins of omission and commission as well as the better claims of others" ought to have weighed against her appointment, and that she held "an emotional disposition inappropriate in a holder of judicial office".
319:, which she graduated with in 1962. In 1961 she also commenced a part-time Bachelor of Laws degree, graduating in 1965 with first-class honours and the University's Medal for Law. Gaudron was the second female recipient, after
650:
observed that her appointment would likely be controversial as she was "strongly identified with the Labor Party, and despite a formidable career, has not generally been regarded as in the front rank of the legal profession".
440:
for her appointment, first by emphasising her outstanding academic record, then by noting her humble working-class background, to which
Whitlam supposedly said, "Next you'll be telling us she was born in a bloody manger!"
330:(then five years in duration), but was not successful. She later said, "Many distinguished lawyers took a lot of trouble and effort to explain to me that it was not their policy to take on women as articled clerks."
577:
Gaudron was generally regarded as not particularly emotive in her writing style, although the judgment for which she is perhaps best remembered popularly was the Mabo case, where, in a joint judgment with
Justice
457:
744:
534:, in judgments that "combine technical mastery with a general tendency to insist on strict compliance by trial judges with their obligations in directing juries". Gaudron was part of the progressive
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In April 1974, Gaudron was appointed to the
Conciliation and Arbitration Commission as Deputy President, becoming the youngest ever federal judge. It was rumoured that Cameron had advocated in
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and the High Court in the early 1970s, particularly in the area of industrial law. In 1972 she became the first woman to be appointed to the
Council of the New South Wales Bar.
362:. She attempted to buy a room for herself in one of the barristers' chambers in Sydney but was regularly knocked back because she was a woman. When future High Court colleague
682:, said that "her contribution has been outstanding both as a jurist and as an advocate. And it has been profoundly significant in terms of her being a woman, too." Former
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remarked that
Gaudron's "contribution just can't be described as symbolic", but rather she had "made a very significant and genuine contribution" to Australian law.
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attempted to sell his room, the other members of his chambers would not let
Gaudron buy it, although there were no other buyers. She eventually shared a room with
913:
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616:, who was a close friend of Gaudron, has stated many times that her absence left the court with a different character and turned it into "a more blokey place".
480:(QC), the first female QC in New South Wales. In her capacity as Solicitor-General, Gaudron argued for New South Wales in such landmark High Court cases as the
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635:
Gaudron has occasionally been criticised throughout her career. At the time of her appointment to the High Court in 1987, the New South Wales legal magazine
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When she announced her retirement, an anonymous academic said that
Gaudron had failed to achieve the expectations set by her supporters, and that among the
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337:, although, in accordance with the then regulations, she was required to relinquish her employment when she married. In 1988, Gaudron was awarded an
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textile industry), whereas this case extended the principle of equal pay to all workers. Gaudron's argument was based on the principles of the 1951
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627:. She was also appointed as a judge of the ILO's Administrative Tribunal. From July 2011, she has been appointed as President of the Tribunal.
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On 19 September 1997 Gaudron was appointed the founding Patron of Australian Women Lawyers and continued in this role until 20 February 2009.
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Gaudron was admitted to the New South Wales Bar in October 1968 after having completed her articles of clerkship and commenced practice as a
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allowing for a year's unpaid leave for all full-time and permanent part-time workers. In 1979–1980, Gaudron was the inaugural chair of the
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felicitous language, her good manners, charm, poise. And perhaps, when all is said and done, by her sheer cheek in taking on the case.'
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381:, where as a 27-year-old junior counsel she successfully argued the matter single-handedly before the High Court after the plaintiff,
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558:. Gaudron was consistently opposed to all forms of discrimination, with notable judgments in this vein including the decision in
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in 1943, the daughter of working-class parents Edward and Grace Gaudron. She would later speak about the intense racism towards
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Gaudron described herself in 2005 as privileged "to be a bit player in the maintenance of the rule of law in Australia".
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which was part of everyday life in Moree and how it influenced her strong opposition to all forms of discrimination.
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Despite this anonymous criticism, Gaudron also received much praise. Former President of the New South Wales Bar,
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and Gaudron were appointed to the court. At just 44 years of age, Gaudron was the fourth youngest Justice, after
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Another one of Gaudron's significant cases was in 1972, when she successfully argued the Equal Pay case for the
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Burton, Pamela, (2010) From Moree to Mabo: The Mary Gaudron Story: University of Western Australia Press, Perth
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from 1981 until 1987 before her appointment to the High Court. After her retirement in 2002, she joined the
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useless, Gaudron retorted that it was of great use to lawyers, and that some day she would be one.
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As a High Court Justice, Gaudron contributed to every area of Australian law, most notably to
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914:"SPEECH PROPOSING A TOAST TO RETIRING JUSTICE MARY GAUDRON, AUSTRALIAN WOMEN JUDGES DINNER"
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460:. Gaudron held the position of Deputy President until her resignation in May 1980.
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1025:"Susan Kiefel becomes Australia's first female chief justice of the high court"
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in February 1987 created two vacancies on the High Court. On 6 February 1987,
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In March 2003, Gaudron joined the International Labour Organization (ILO) in
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472:' law school for a brief time, then in February 1981 she was appointed the
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Gaudron's most notable case on the Arbitration Commission was an important
370:, another pioneering female barrister. Gaudron regularly argued before the
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745:"Hon Mary Gaudron QC at the UNIFEM International Women's Day Breakfast"
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225:(born 5 January 1943), is an Australian lawyer and judge, who was the
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Honours of 1988. Gaudron had declined the award without explanation.
593:(AC) was made to six of the seven serving High Court justices in the
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82:
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323:, and the first female part-time student to be awarded the medal.
1334:"Two Silky Susans in line to do justice to court's gender agenda"
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287:. Evatt was addressing a small crowd from the back of a blue
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Blackshield, Tony; Coper, Michael; Williams, George (2001).
488:, and from 1984 to 1986, chaired an advisory council at the
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scholarship to study for a Bachelor of Arts degree at the
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passed through Moree to campaign for the "no" case in the
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was "the darkest aspect of the history of this nation".
785:
Kalowski, Henrik (2001). "Gaudron, Mary Genevieve". In
853:
O'Shaughnessy v Mirror Newspapers Ltd ("Othello case")
1229:. Australian Broadcasting Corporation. Archived from
982:"The Oxford Companion to the High Court of Australia"
886:, peteroshaughnessy.info; accessed 29 September 2015.
463:
345:, and another from the University of Sydney in 1999.
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Gaudron's first major breakthrough was in 1970 with
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The Oxford Companion to the High Court of Australia
662:connections had delivered her unearned promotions.
484:. From 1981 to 1986, she served on the Council of
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1182:Six High Court judges head Australia Day honours
568:) and her joint judgment with Justice McHugh in
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307:Gaudron was educated at St Ursula's College in
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582:, she said that Australia's past treatment of
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955:Parliament of Australia Parliamentary Library
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1287:"Gaudron, Toohey the two on High Court list"
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749:Women Lawyers Association of South Australia
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566:Section 117 of the Constitution of Australia
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326:While studying, Gaudron attempted to obtain
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829:From Moree to Mabo: The Mary Gaudron Story
72:6 February 1987 – 31 January 2003
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1308:"Changing of the Guard at the High Court"
1157:Castlemaine Tooheys Ltd v South Australia
571:Castlemaine Tooheys Ltd v South Australia
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767:
1800:Justices of the High Court of Australia
1421:Justices of the High Court of Australia
1227:"Sunday Profile; Justice Michael Kirby"
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1097:
877:Official website of Peter O'Shaughnessy
527:, as well as the first female Justice.
432:Conciliation and Arbitration Commission
402:Conciliation and Arbitration Commission
279:government was attempting to alter the
1815:Solicitors general for New South Wales
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1782:Justices shown in order of appointment
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504:in October 1986 and the retirement of
60:Justice of the High Court of Australia
16:20th and 21st-century Australian judge
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1372:Solicitor General for New South Wales
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1006:"Justice Gaudron will retire today".
495:
379:O'Shaughnessy v Mirror Newspapers Ltd
1835:21st-century Australian women judges
1805:20th-century Australian women judges
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711:First women lawyers around the world
474:Solicitor-General of New South Wales
1225:Attard, Monica (16 November 2003).
1131:Street v Queensland Bar Association
987:. Oxford University Press Australia
832:. Trans Pacific Press. p. 39.
561:Street v Queensland Bar Association
233:. She was the Solicitor-General of
13:
464:Lecturer, QC and Solicitor-General
417:Australian Council of Trade Unions
14:
1846:
1332:Lawson, Valerie (23 March 2002).
1267:Shiel, Fergus (9 December 2002).
426:International Labour Organization
333:Instead, she took a job with the
239:International Labour Organization
372:Supreme Court of New South Wales
311:. In 1960 Gaudron was awarded a
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1312:Radio National: The Law Report
1023:Karp, Paul (30 January 2017).
1012:. 11 February 2003. p. 7.
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589:The award of Companion of the
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1269:"A different kind of Justice"
801:. South Melbourne, Victoria:
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458:NSW Legal Services Commission
422:Equal Remuneration Convention
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1306:Carrick, Damien (2003).
1205:Australian Women Lawyers
1105:Mabo v Queensland (No 2)
490:University of Wollongong
468:Gaudron lectured at the
826:Burton, Pamela (2010).
803:Oxford University Press
532:Australian criminal law
415:The case, begun by the
231:High Court of Australia
951:"Paid Maternity Leave"
912:McMurdo, M.A. (2003).
882:2 January 2014 at the
584:Indigenous Australians
400:government before the
259:Indigenous Australians
218:Mary Genevieve Gaudron
138:Mary Genevieve Gaudron
1136:[1989] HCA 53
1116:1 (3 June 1992),
1110:[1992] HCA 23
1081:[1992] HCA 57
1055:[1988] HCA 18
857:[1970] HCA 52
500:The death of Justice
328:articles of clerkship
195:2 daughters and 1 son
1162:[1990] HCA 1
1076:Dietrich v The Queen
755:on 29 September 2007
551:Dietrich v The Queen
486:Macquarie University
343:Macquarie University
317:University of Sydney
283:in order to ban the
253:, in northern rural
249:Gaudron was born in
227:first female Justice
206:University of Sydney
49:Mary Gaudron in 2011
482:Tasmanian Dams case
383:Peter O'Shaughnessy
1295:. 5 December 1986.
1292:The Canberra Times
1247:. 28 January 2024.
1233:on 20 August 2006.
647:The Canberra Times
591:Order of Australia
496:High Court Justice
339:honorary doctorate
313:federal government
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119:Dyson Heydon
114:Succeeded by
90:Appointed by
78:Nominated by
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1825:1943 births
1768:Beech-Jones
1382:Keith Mason
672:Ruth McColl
666:Approbation
513:John Toohey
509:Harry Gibbs
387:Clive Evatt
266:H. V. Evatt
164:Nationality
102:Preceded by
1794:Categories
1758:J. Gleeson
1567:Piddington
1494:M. Gleeson
1376:1981–1987
1343:10 January
1210:4 February
1170:High Court
1144:High Court
1118:High Court
1089:High Court
1063:High Court
1034:5 February
991:4 February
865:High Court
717:References
607:Retirement
554:, and the
245:Early life
201:Alma mater
178:Ben Nurse
167:Australian
144:1943-01-05
1587:McTiernan
637:Justinian
631:Criticism
556:Mabo case
521:McTiernan
446:test case
360:barrister
354:Barrister
303:Education
264:In 1951,
83:Bob Hawke
68:In office
1702:Callinan
1622:Windeyer
1602:Fullagar
1592:Williams
1552:O'Connor
1533:Justices
1444:Griffith
880:Archived
797:(eds.).
795:Williams
705:See also
676:Tasmania
309:Armidale
192:Children
1753:Steward
1748:Edelman
1736:Current
1712:Crennan
1677:Gaudron
1637:Stephen
1617:Menzies
1557:Higgins
1520:Gageler
1513:Current
1489:Brennan
1474:Barwick
1317:26 June
1273:The Age
965:26 June
934:26 June
759:24 June
625:Belarus
540:Brennan
438:Cabinet
424:of the
395:Whitlam
277:Liberal
274:Menzies
229:of the
180:(sep.?)
172:Spouses
1743:Gordon
1727:Nettle
1707:Heydon
1687:Gummow
1682:McHugh
1672:Toohey
1667:Dawson
1657:Wilson
1652:Aickin
1647:Murphy
1642:Jacobs
1612:Taylor
1577:Starke
1562:Powers
1547:Barton
1540:Former
1504:Kiefel
1499:French
1464:Latham
1454:Isaacs
1437:Former
1138:, 168
1083:, 177
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696:Family
621:Geneva
349:Career
289:Holden
1763:Jagot
1722:Keane
1697:Hayne
1692:Kirby
1662:Deane
1632:Walsh
1607:Kitto
1582:Evatt
1484:Mason
1479:Gibbs
1469:Dixon
1459:Duffy
1245:"ILO"
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251:Moree
154:Moree
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1627:Owen
1597:Webb
1572:Rich
1449:Knox
1345:2014
1319:2006
1212:2018
1036:2017
993:2018
967:2006
936:2006
834:ISBN
807:ISBN
761:2006
564:(on
538:and
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448:for
134:Born
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