ABSTRACT

This chapter looks at the High Court in 2020 and how Chief Justice Kiefel has navigated the still novel state of being a woman and Chief Justice. Examining Kiefel’s elevation to Chief Justice, I consider how gender was framed by those making this historic appointment and by the new Chief Justice herself, including her increased willingness to reflect on matters of gender and judging and women’s place in the legal profession. The Chief Justice takes on a unique symbolic role (beyond the more obvious intellectual leadership) as the leader of the judiciary and by extension, the legal profession. Kiefel’s handling of allegations that Dyson Heydon had sexually harassed judicial associates during his time on the Court represented a particularly significant moment, both in terms of her judicial leadership, and what it revealed about the gender dynamics on the High Court. What then does it tell us about the High Court as an institution and the extent to which women’s entry into the legal profession has made actual inroads into the culture and values of the dominant regime?