Federal court judge Michelle Gordon has been appointed to the High Court, and in an unusual twist will be replacing her husband Justice Kenneth Hayne, who is retiring from the bench.
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The Abbott government confirmed on Tuesday that Justice Gordon would replace Justice Hayne, who this year reaches the statutory retirement age of 70.
Attorney-General George Brandis said Justice Gordon would bring "great strength" to the High Court bench thanks to her extensive work in commercial law.
"Justice Gordon has had a very extensive practice, precisely concentrating on major commercial litigation," Senator Brandis said.
"She will bring great strength to the High Court of Australia on the basis of her enormous experience acting for both regulators and corporates in some of the most important commercial litigation in the past two decades."
Justice Gordon was appointed to the federal court in Melbourne in 2007.
She began her legal career in 1987 at commercial law practice Robinson Cox (now Clayton Utz) before moving to Melbourne to join what is now Allens Arthur Robinson.
She forged a career as a barrister from 1992, establishing her own commercial law practice and becoming a senior counsel after just 11 years.
"The contribution Her Honour has made to the development of the law, particularly in commercial law, is widely recognised by her colleagues on the Bench and at the Bar," Senator Brandis said.
President of the Victorian Bar Association, Jim Peters, QC, took silk on the same day as Justice Gordon in 2003.
He had worked on the other side of the bench when she was a barrister and appeared before her when she was a Federal Court judge.
"We came up together, and she has always been regarded as one of the foremost practitioners in Victoria," he said.
"She's a prodigious hard worker and rightly recognised as a pre-eminent jurist in the Commonwealth."
Justice Gordon had been "in the vanguard" of people the legal community had suspected would be next to join the High Court bench.
"She decides cases according to the law but understands the interests of all litigants. She's known for balancing efficiency and speed with the needs for litigants to be heard," he said.
"The Victorian Bar unanimously welcomes her appointment."
Justice Gordon will turn 51 this year, meaning she can serve on the High Court bench for 19 years.
Justice Hayne is stepping down because he will reach the statutory retirement age on June 5.
Senator Brandis thanked Justice Hayne for his "distinguished contribution as a judge" and lifetime of service to the law.
He said Justice Hayne had been excluded from the process that selected Justice Gordon as his replacement.
"It would, of course, in this day and age be outrageous for a person who was otherwise well-qualified for an appointment as Justice Gordon certainly is, to be disqualified on account of who they were married to.
Justice Gordon's appointment increases the number of women on the seven-member High Court bench from two to three.
with Jane Lee
