ABSTRACT
ABSTRACT In Australia, as elsewhere, cultural blindness to difference based on gender can
affect the impartiality of judging. It is an important aspect of the unstated assumptions on
which judges act and which they need to examine. This is especially so where the
assumptions are a reflection of dominant social attitudes and values. Judges are expected
to apply community values, so long as they are consistent with equality before the law.
Blatant examples of gender bias tend to diminish as diversity increases, both within the
judiciary and within the legal profession. Stereotyping assumptions can be explored
through judicial education, but Australian experience suggests that programmes will only
receive a receptive audience if sensitive to concerns about judicial independence. To that
end, discussion may best be located within the boundaries of the broader topic of
unconscious partiality. Steps being taken in New South Wales to raise gender sensitivity
are noted.
