Ceremonial Sitting - Swearing-in of Justice Kiefel - Canberra

Case

[2007] HCATrans 493

3 SEPTEMBER 2007


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AGLC Case Decision Date
Ceremonial Sitting - Swearing-in of Justice Kiefel - Canberra [2007] HCATrans 493 [2007] HCATrans 493 3 SEPTEMBER 2007

CaseChat Overview and Summary

This matter concerns the ceremonial sitting of the High Court of Australia for the swearing-in of Justice Susan Mary Kiefel. The proceedings involved the formal presentation of her Commission of Appointment by the Governor-General, followed by Justice Kiefel taking the Oath of Allegiance and of Office. Dignitaries present included retired Justices of the High Court, Chief Justices of various Australian courts, and representatives from the legal profession, including the Attorney-General for the Commonwealth and various Solicitors-General and Bar Association Presidents.

The central legal issue was the formal appointment and induction of Justice Kiefel as a Justice of the High Court of Australia. This involved the constitutional and statutory requirements for such an appointment, specifically referencing section 72 of the Constitution and section 5 of the High Court of Australia Act 1979. The proceedings were designed to fulfil the legal formalities necessary for a judicial officer to assume their duties on the nation's highest court.

The court, presided over by Chief Justice Gleeson, administered the formal oaths and affirmations required for the appointment. The Commission of Appointment, signed by the Governor-General and countersigned by the Attorney-General, was read aloud, confirming Justice Kiefel's appointment until she attains the age of 70. Following the swearing-in, Chief Justice Gleeson congratulated Justice Kiefel and invited her to take her seat on the Bench. The Attorney-General then delivered a speech congratulating Justice Kiefel and outlining her distinguished career path, from her early life in Queensland to her academic achievements at Cambridge and her prior judicial appointments.
Details

Areas of Law

  • Constitutional Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

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