The Honourable Justice Susan Crennan, previously a justice of the Federal Court of Australia, has been appointed to the High Court by Attorney-General Phillip Ruddock. Justice Crennan, aged 60, can serve for up to ten years, and will replace McHugh J who is due to retire in November.
Although Crennan J will be just the second female appointee in the Court’s history, Mr Ruddock was quick to dispell the idea that any factor beyond merit influenced the decision:
‘The government sought to appoint someone who has demonstrated, through the quality of her jurisprudence and her leadership, that she has the confidence of the legal profession and the broader Australian community’, Mr Ruddock said today.
‘The essential criterion for judicial appointment is merit, but merit means legal excellence, a capacity for industry and a temperament suited to the performance of the judicial function’, he said.
Mr Ruddock also announced today that seven prominent Australians, including former High Court justice Owen Dixon, would have Commonwealth law courts named after them.
That merit should be the primary criterion for appointment is beyond question. Naturally, diversity — both of gender and state of origin — is also a Good Thing. The approach to selection manifested by this appointment seems to have effectively balanced these two imperatives.
‘I have never announced these appointments on the basis of gender’, [Ruddock] said.
‘It reflects the fact that we have very able women who are able to serve at the very highest level on the basis of their skills, ability and talent.’
More coverage:
CCH Australia
The Age
ABC News Online
Update: further comments and speculation from Professor Weatherall:
Notably, IP was one of Justice Crennan’s specialties at the Bar, and she has judged a few IP cases, including patent cases, in her tenure on the Federal Court. Will Gummow J have a challenger for his general dominance in IP matters on our High Court?