Australia’s Unassuming Pioneer: The Country’s First Female Supreme Court Chief Justice

Key Takeaways:

  • Marilyn Warren was appointed as the first female chief justice of the Supreme Court of Victoria in 2003, marking a historic milestone in Australian legal history.
  • During her 14-year tenure, Warren transformed the Supreme Court into a modern and efficient organization, introducing significant changes and improvements.
  • Despite facing challenges and biases due to her gender, Warren remained committed to her role and focused on doing her job to the best of her ability.
  • Warren’s legacy includes the establishment of the Civil Procedure Act 2010, the introduction of human rights law in Victoria, and the increased representation of women in the legal profession.
  • Warren remains humble and dedicated to her work, crediting the achievements of the institution and her colleagues rather than seeking personal recognition.

Introduction to Marilyn Warren’s Historic Appointment
Marilyn Warren made history on November 25, 2003, when she was appointed chief justice of the Supreme Court of Victoria, becoming the first woman to hold the position in any supreme court in Australia. At the time, Warren was 53 years old and had already broken down barriers in the legal profession, having been the first female articled clerk in the Victorian public service in 1974. Despite the significance of her appointment, Warren has never sought to draw attention to her gender, instead focusing on doing her job to the best of her ability. In a recent interview with ABC News, Warren reflected on her appointment, stating that she was "privileged" to have been given the opportunity and acknowledged the significance of being the first woman in the role.

Transforming the Supreme Court
During her 14-year tenure as chief justice, Warren transformed the Supreme Court from an "old and crusty institution" into a modern and efficient organization. According to Justice Pamela Tate, Warren’s leadership helped to create a welcoming environment for women, and the court became a more inclusive and diverse place. Warren’s changes were not limited to the court’s culture; she also introduced significant reforms, including the abolition of wigs in court, the installation of classical music in court waiting areas, and the remodelling of a judges’ car park into a tranquil plaza. These changes may seem small, but they reflect Warren’s commitment to creating a more modern and welcoming environment for all users of the court.

Overcoming Gender-Based Challenges
Despite her many achievements, Warren faced challenges and biases due to her gender. She recalled being "acutely conscious" of the fact that if she made a mistake or was perceived as being "difficult," it might be attributed to her being female. However, Warren refused to let these challenges hold her back, instead choosing to "press on with the role" and focus on doing her job to the best of her ability. In an interview, Warren acknowledged that there were some who were dissatisfied with her appointment, but she chose to rise above the criticism and focus on her work. This approach has earned her widespread respect and admiration from her colleagues and the wider legal community.

Significant Reforms and Achievements
Warren’s legacy is marked by several significant reforms and achievements. One of the most notable is the establishment of the Civil Procedure Act 2010, which transformed the way cases are resolved in Victoria. The Act introduced obligations on lawyers to resolve cases through mediation and settlement, rather than relying on tactical games. Warren also played a key role in the introduction of human rights law in Victoria through the 2006 charter. She described the experience of leading the education of the judiciary in how to interpret and apply the new charter as "groundbreaking" and "very, very exciting." These reforms reflect Warren’s commitment to creating a more just and efficient legal system.

A Humble Leader
Despite her many achievements, Warren remains humble and dedicated to her work. In an interview, she confessed that she still has trouble accepting praise and commendation, preferring to credit the achievements of the institution and her colleagues rather than seeking personal recognition. This approach is reflected in her statement that "at the end of the day, when you’re running an institution, you have achievements but they’re not personal achievements. They’re the achievements of the institution and all your colleagues within it. Without them, I would have achieved nothing." This humility and commitment to her work have earned Warren widespread respect and admiration, and her legacy continues to inspire and influence the legal profession.

Legacy and Impact
Warren’s legacy extends beyond her achievements as chief justice. She has played a significant role in increasing the representation of women in the legal profession, with women consistently making up two-thirds of new lawyers in recent years. Despite this progress, Warren acknowledges that there is still much work to be done to increase the visibility of women in the profession. In an article published in Portia, the annual journal of Victorian Women Lawyers, Warren wrote that "there is still a great need to increase the visibility of women in our profession." Her commitment to promoting diversity and inclusion in the legal profession is a testament to her dedication to creating a more just and equitable society.

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