NSW Bar Association CPD Session

Fresh perspectives on equitable briefing: But first, some statistics...

Justice Jacqueline Gleeson, Federal Court of Australia

13 June 2019

Women¹ at the NSW Bar

Source: NSW Bar Association

• 23% Female
• 77% Male

Junior counsel:

• 25% Female
• 75% Male

Senior counsel:

• 11% Female
• 89% Male

Women at the Federal Court

All judges:

• 26% Female
• 74% Male

All judges' associates

• 61% Female
• 39% Male

NSW Registry judges:

• 32% Female
• 68% Male

NSW Registry judges' associates

• 61% Female
• 39% Male

Women at the Supreme Court of New South Wales

All judges:

• 22% Female
• 78% Male

Tipstaves

• 55% Female
• 45% Male

Court of Appeal:

• 18% Female
• 82% Male

• 19% Female
• 81% Male

Common Law Division:

• 30% Female
• 70% Male

NSW Supreme Court and Federal Court (NSW Division)

May 2017 to April 2018

18% of barristers appearing were women

• Based on appearances noted on Austlii reported cases
• No account of LENGTH of appearance
• No account of whether a SPEAKING ROLE

NSW Supreme Court

May 2017 to April 2018

Equity Division

16% of barristers appearing were women

• 21% of appearances by junior counsel were women
• 2.5% of appearances by senior counsel were women

Commercial, Technology and Construction Lists

12% of barristers appearing were women

• 16% of appearances by junior counsel were women
• 3.5% of appearances by senior counsel were women

Women with a speaking part

Sept 2017 to April 2018, NSWSC Commercial List

• 87% Male barristers
• 3% Female silk
• 3% Female junior unled
• 7% Female junior led

Gleeson J’s 2019 judgments

Delivered and reserved

21% of barristers appearing were women

• 28% of all appearances were by senior counsel (21 senior counsel)
• 2.7% of appearances by senior counsel were women (ie two women)

Pay Gap

• There is a pay gap of 70% between male and female barristers, “the widest pay gap of all professions”
  (ATO, 2015/16 financial year)
• 85% of brief fees go to men
  (2016/17 Annual Report, Equitable Briefing Policy)

¹ Identified by name throughout