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Australia’s new Chief Justice, The Honourable Robert Shenton French, a Western Australian constitutional law expert, took over from former Chief Justice Murray Gleeson on 29 August 2008.

It’s likely small law firms will have cases that will be heard by the new Chief Justice, which is why it’s important small firms understand his modus operandi.

Justice French is probably best known for his role, along with Justices Catherine Branson and Margaret Stone, in overturning laws put in place for the 2008 World Youth Day to prevent people wearing slogans on t-shirts that could be deemed offensive to pilgrims. It wasn’t a surprising appointment, given Justice French’s reputation as a straight-shooting lawyer with a passion for the development of the law.

So who is the new Chief Justice and what sort of effect will he have on Australia’s High Court?

Justice French is the twelfth Chief Justice of the High Court, having first been appointed to it in 1986. The interesting thing about Justice French’s appointment is that he is a West Australian; his is the first appointment of a West Australian to the position of Chief Justice. All previous Chief Justices since 1903 have been from New South Wales, Victoria or Queensland.

Legal commentators have suggested the appointment of a West Australian to the position of Chief Justice has significance for the state of federalism in Australia and indicates the federal government’s commitment to the notion of federalism.

Some were surprised that a representative from New South Wales was not chosen, given Justice French’s predecessor, Murray Gleeson, was from New South Wales. The government's decision not to appoint a representative from NSW or Victoria has been seen by some as an attempt to diminish the dominance of judges from the major states on the legal system.

The appointment of Western Australian Justice Gleeson will no doubt change the nature of the High Court and make it less focused on representing the issues of the largest states. The High Court now has three representatives from NSW, two from Victoria and one each from Queensland and Western Australia.

Commenting on Justice French’s appointment in an article in The Australian in July 2008, Dr Andrew Lynch, acting director of the Gilbert and Tobin Centre of Public Law at the University of NSW said “what you see from French is an understanding that the constitution is fundamentally about federal co-operation.”

Certainly, in speeches since his appointment he has referred to the “essential unity of the Australian legal system”, a sentiment he is expected to continue supporting during his tenure.

History never repeats

The 61-year-old Justice French has had a stellar career in the legal profession, which no doubt led to his appointment as Chief Justice.

Aside from his role as Chief Justice, Justice French is also a part-time Commissioner of the Australian Law Reform Commission. He also acts as an additional judge of the ACT Supreme Court and is a non-resident judge of the Supreme Court of Fiji. He also holds the position of deputy president of the Australian Competition Tribunal.

Outside his court appointments, Justice French was also an associate member of the Trade Practices Commission from 1983 and 1986, a member of the Legal Aid Commission of Western Australia between 1983 and 1986, deputy chairman then chairman of the Town Planning Appeal Tribunal of Western Australia from 1983 to 1986, a member of the Law Reform Commission of Western Australia in 1986 and president of the National Native Title Tribunal from 1994 to 1998.

Born in Perth in 1947 and educated at St Louis School and then at the University of Western Australia, Justice French holds both science and law degrees. In 1998 he was awarded an honorary doctor of laws from Edith Cowan University, the same year being named Western Australian Citizen of the Year – Professions. In 2003 he won the Centenary Medal.

Justice French has three children and since 1976 has been married to another judge, Her Honour Judge Valerie French.

What flavour?

As to the type of Chief Justice Robert French will be, it’s likely there will not be a huge change of direction for the High Court with his appointment. It is understood Justice French has progressive views, but follows legal tradition when it comes to determining the outcome of a case.

Justice French has given four, very different speeches since he started in his role as Chief Justice, which indicates his wide area of interest within the law. The speeches have dealt with native title, competition law in China and Hong Kong, the history and importance of the Law Council of Australia and the ‘dangers’ of law libraries.

His speeches often use humour and refer to popular culture – for example his speech about law libraries refers to Dr Who. He also draws on his own experience to inform his speeches, talking about his son’s work as a graduate in a Perth law firm in the speech about the Law Council of Australia.

Commenting on Justice French’s appointment in July 2008, Attorney-General Robert McClelland commented that Justice French had held the position of Justice of the Federal Court with distinction since 1986. He also commended retiring Chief Justice Murray Gleeson’s 10 years of service in the highest judicial office.

Although the government does not publish a short list of potential candidates for the position of Chief Justice, it is understood 24 candidates were considered for the position, after an extensive consultation with representatives from various legal bodies around the country.

The government will have the opportunity to appoint another judge in March next year when Justice Kirby reaches the compulsory retirement age of 70. Justice Kirby would have been in serious contention for the Chief Justice position had his retirement not been imminent.

As a 61-year-old, Justice French is likely to have nine years in the role of Chief Justice before he reaches compulsory retirement age.