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Women Barristers in Victoria – then & nowWomen Barristers Association and Victoria Law Foundation 2007This exhibition tracks the key developments in the history of women barristers in Victoria, providing highlights of their personal experiences, challenges, significant achievements and contributions to the legal profession. For more information on this exhibition, please contact Victoria Law Foundation. The text of the exhibition is provided below. The early days The early daysKEY DATES 1841 The first barristers are admitted to practise law in Victoria , although this applies only to men. 1897 Flos Greig enrols as Victoria ’s first female law student at the University of Melbourne . 1903 The Victorian Parliament passes the Women’s Disabilities Removal Act enabling women to become legal practitioners. “No person shall, by reason of sex be deemed to be under any disability for admission to practise as a barrister and solicitor of the Supreme Court of Victoria any law or usage to the contrary not withstanding.” Women’s Disabilities Removal Act (Vic) No 1873 of 1903, section 5 1905 Flos Greig becomes the first woman admitted to practise law in Victoria , but it is almost another twenty years before the first woman joins the Victorian Bar. Joan RosanoveOn 2 September 1923 , Joan Rosanove (née Lazarus) became the first woman to sign the Bar Roll in Victoria . When Joan appeared in the High Court in 1924, she was asked “ And with whom is my learned friend appearing? ” Joan retorted, “I am appearing with myself. I am the leader of the female Bar.” During her first two years as a barrister, Joan had no proper chambers of her own. When one of Joan’s colleagues, Philip Jacobs, offered her his chambers the news sparked an emergency meeting of the chambers’ directors. They threatened to cancel Jacobs’ lease if he lent his room to Joan. Humiliated, Joan left the Victorian Bar in 1925 and established a thriving legal practice as a solicitor specialising largely in matrimonial and criminal cases. “To be a lawyer you must have the stamina of an ox, and a hide
like a rhinoceros, and when they kick you in the teeth, you must look
as if you hadn’t noticed it.” In 1949, Joan returned to the Bar and accepted a position as a reader to the less experienced Edward Ellis. Joan soon became a prominent barrister in matrimonial law. She could argue a case standing all day – a feat that male barristers had previously deemed too physically demanding for women who sought success at the Bar. In 1965, Joan was appointed Victoria ’s first female Queen’s Counsel. Since her death in 1974, Joan has continued to be remembered for blazing a trail for women at the Bar. In 2000, the Victorian Bar named Joan Rosanove Chambers in her honour. “I can never see why it is not considered the hallmark of success to have a brain like a woman!” Joan Rosanove QC The pioneersNorma Ford (née O’Connor) joined the Bar in 1951 and was one of the first women barristers to practise in areas of law other than matrimonial law. “Being at the Bar was a very pleasant and satisfying experience for me. It was a happy period of my life. I felt quite included and accepted by barristers and judges.” Norma Ford Allayne Kiddle joined the Bar in 1959. She encountered support from her fellow barristers, but also some peculiar assumptions. “By and large, being at the Victorian Bar was a lonely experience when I was doing my reading... For the most part, my work consisted of writing opinions for my master [William Kaye], statements of claim and other matters relevant thereto... When I was first interviewed by Mr Kaye, he said ‘My name’s Bill’ and then asked me what my name was. The clerk on the other hand called me ‘Snooks’ or anything else he fancied at the time.” Allayne Kiddle “Although there were no overt prejudices, nevertheless we were well aware that the Bar was seen to be a man’s domain… I really think this has deterred a lot of women from going to the Bar.” Mary (Molly) Kingston “I was a bit like a striped and spotted dog. There was nobody else around my age who actually wore a skirt, [who was] available. So there was no one to share with, other than other men.” Lynnette Schiftan “Being a woman was never an advantage to me; one always had to prove one’s worth no matter what the circumstances.” Molly Kingston
The tides of changeFrom the late 1970s and into the 1980s, women barristers were a visible presence at the Bar, even though they represented only a small proportion of the Bar as a whole. “If you asked me how things were in the mid-1970s for women, I would have to say that from my observations, things hadn’t improved much from my mother’s time. She [Joan Rosanove], Molly Kingston and a few other brave stalwarts were battling on – they were the true women before their time.” Justice Margaret (Peg) Lusink The late Lillian Lieder QC and Betty King QC (now Justice King) joined the Bar in the mid-1970s and both took silk in the early 1990s. They were the first women barristers practising in criminal law to take silk. “Lillian Lieder had the courage to come into this male-dominated Bar at atime when women were thin on the ground. Lil truly was a pioneer. She took the boys on at their own game and won. She earned their respect and their friendship.” Justice Betty King KEY DATES 1976 First Victorian woman appointed to the Family Court of Australia (Justice Margaret (Peg) Lusink) 1982 First woman elected to the Bar Council (Rachelle Lewitan) 1983 First female Victorian judicial officer (Francine McNiff) appointed to the Children’s Court 1985 First woman appointed to the County Court (Judge Lynnette Schiftan) 1985 First female magistrates appointed (Margaret Rizkalla and Sally Brown) 1987 First woman appointed to the High Court (Justice Mary Gaudron) “Whilst in the past a female barrister had been expected and indeed may have expected, to practise exclusively in the area of family law, such is no longer the case... Similarly, whilst almost folkloric stories abound of women barristers in lace collars, or coloured stockings not being ‘seen’ by some members of the judiciary... such [stories] will necessarily fade as by sheer force of numbers women at the Bar are no longer a recognizable minority group.” Linda Dessau (now Justice Dessau) – Extract from ‘A Necessarily Short History of Women at the Bar’, Victorian Bar News , Winter 1981 Work-life balance“I look on my life primarily as a barrister, for that is my chosen career. But although I love my work and am actively ‘on the job’ for long hours each day, I never forget that I am a wife and a mother, for unlike men, women cannot divide their lives into watertight compartments, and keep their careers entirely free from the personal relationships entailed by a home and children.” Joan Rosanove QC “I loved life at the Bar because it was rich, fulfilling and diverse and allowed me to have a challenging and satisfying career, happy marriage and bring up three wonderful kids.” Ada Moshinsky QC “The life of a barrister is incredibly demanding, and that’s never going to change…If you are trying to raise young children, it is very difficult to balance both, even with a supportive partner. But if you can do it, it’s a wonderful job.” Judge Liz Gaynor “What I say to women coming to the Bar is that you need to think very carefully about what sort of safety nets you have in place. And it is difficult because ultimately I decided that makeshift childcare was just not going to work out, and so it meant involving the expense of effectively having to employ someone full-time, and that’s been the only way that I’ve been able to manage.” Judge Fran Hogan “The Bar gave me the flexibility to work my own hours, so I could take a day off when I needed to, or I could leave work early to pick up my kids and take them to a football game.” Judge Rachelle Lewitan
Breaking down the barriersBy 1990, women made up 50 per cent of law school graduates in Victoria , but women were not represented in similar numbers at the Bar or in its senior ranks.
“While some men resented us, there were also senior barristers who were very supportive of young women at the Bar, and took them under their wing, perhaps because they had daughters of whom they were very proud, and believed they should have the same opportunities as their sons.” Judge Susan Cohen In 1998, the Victorian Bar Council released its Equality of Opportunity for Women at the Victorian Bar report by Rosemary Hunter and Helen McKelvie. The key findings revealed that women received disproportionately fewer briefs than men and were leaving the Bar earlier and in larger numbers than men. “The research clearly shows that barriers to women’s advancement at the Bar do exist and that further steps can be taken to achieve equality of opportunity,” Neil Young QC , then chairman of the Victorian Bar Council. KEY DATES 1993 Women Barristers Association (Victoria) is established 1993 Susan Crennan QC becomes the first female chairman of the Victorian Bar Council 1996 First woman appointed to Supreme Court of Victoria (Justice Rosemary Balmford) 1997 First woman appointed to the Victorian Court of Appeal (Justice Susan Kenny) 1997 Australian Women Lawyers is established as the peak body for women lawyer associations throughout Australia
The new millennium“In our quiet crusade against the persistent status-quo, in both its overt and more subversive forms, we must look to leaders and mentors across the generations. “A career in the law for a woman is truly fulfilling and rewarding. But it cannot occur in a vacuum. The links in the chain, made by the helping hand of our role models and mentors, must continue to span the generations." Chief Justice Marilyn Warren On 1 April 2004 , t he Victorian Bar Council adopted the Equality of Opportunity Briefing Policy (also called the Model Briefing Policy). The policy requests clients, barristers’ clerks and solicitors take reasonable st ep s to identify and genuinely consider engaging female barristers as counsel, and to monitor and r ep ort on the nature and rate of engagement of women as counsel. “In recent years, the appointment of women to judicial office has begun to redress the imbalance on the Bench, but has had the unfortunate side effect of d ep leting the Bar of some of its most senior women. Nevertheless, having women in positions of seniority has a trickle-down effect upon the entire profession, and provides young lawyers with role models." Solicitor-General Pamela Tate SC KEY DATES 2000 Diana Bryant QC appointed first Chief Federal Magistrate 2003 Pamela Tate SC appointed Solicitor-General for Victoria 2003 Justice Marilyn Warren appointed Chief Justice of the Supreme Court of Victoria 2004 Chief Federal Magistrate Bryant appointed Chief Justice of the Family Court of Australia 2005 First Victorian woman barrister appointed to the High Court of Australia (Justice Susan Crennan) A 2006 nationwide survey on courtroom appearances conducted by Australian Women Lawyers found women were still underrepresented, especially in superior courts, and their appearances were shorter in duration. “Women advocates are not being regularly briefed in more complex and senior matters and are thereby being denied the same opportunity for career advancement afforded to male advocates.” Caroline Kirton, President of Australian Women Lawyers “We are clearly not getting equality of opportunity in briefing practices if women are rarely appearing in criminal and commercial matters in superior courts.” Justice Marcia Neave Women barristers: respective percentages of briefs and fees earned
*refers to law firms briefing out government work to barristers Source: Victorian Government Barristers Briefing Report 2005–2006
Aspirations for the future “There needs to be greater recognition of the contribution women make to the Bar. Women barristers are well-prepared, insightful, compassionate and analytical.” Judge Liz Gaynor “What we need is equality of participation, not merely equality of opportunity.” Solicitor-General Pamela Tate SC “Women should be reminding men that we are not seeking to pole vault over them but to create an environment of equality, which benefits us all.” Justice Marcia Neave ReferencesThe following references were consulted for the exhibition Women Barristers in Victoria Then and Now. Newspapers and magazines Australian Financial Review , 29 July 1998 Law Institute Journal, May 1990 The Age , 5 September 2004 Victorian Bar News , Winter 1981 Victorian Bar News , Autumn 1993, No. 84 Victorian Bar News, Autumn 2000, No. 112 Victorian Bar News , Spring 2001, No. 188 Victorian Bar News , Winter 2002, No. 121 Victorian Bar News , Summer 2006, No. 139 Books and reports Carter, Isobel. Woman in a Wig: Joan Rosanove QC Melbourne : Lansdowne Press, 1970 Encel, S. and Campbell, D. Out of the Doll's House: Women in the Public Sphere, Longman Cheshire, Melbourne 1991 Hunter, R. and McKelvie H. Equality of Opportunity for Women at the Victorian Bar , 1998. Thornton, Margaret. Dissonance and Distrust: Women in the Legal Profession Oxford University Press, Melbourne , 1996 Internet resources Australia Women Lawyers, Gender Based Appearance Survey, August 2006 http://www.womenlawyers.org.au/ Department of Treasury and Finance Victoria: Accessed 28/03/2007 Law Council of Australia media release: Law Council of Australia Model Equal Opportunity Briefing Policy: Accessed 28/03/07 Victorian Bar’s Oral History website Victorian Government media releases/Office of the Attorney General Victoria: Speeches Justice Marcia Neave, Hearts and Minds, the Next Step, speech given at WBA Anniversary Dinner, 23 November 2006 Solicitor-General Pamela Tate, Extending the Boundary of Right – Three Australian Women Lawyers, speech given at 10th Ethel Benjamin Commemorative Address, 22 September 2006. Solicitor-General Pamela Tate, Keynote speech to the Women Lawyers Achievement Awards in Melbourne , 2 June 2005 Additional sources A series of oral history interviews with women barristers and judges. |
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