Swearing Mary': The Significance of the Speeches Made at Mary Gaudron's Swearing-in as a Justice of the High Court of Australia

Abstract

During the High Court of Australia�s first century, Mary Gaudron served as the first and only female member of its bench. This paper commemorates the 25th anniversary of Gaudron�s appointment to the High Court by examining the speeches made at her swearing-in ceremony, in February 1987. Largely ignored by scholars, swearing-in ceremonies provide unique insights into the history of courts and the personality and philosophy of their judges. Through the prism of Gaudron�s swearing-in ceremony, this paper showcases the significance of these occasions as a commentary on the institutional and intellectual life of the Court. In particular, Gaudron�s swearing-in ceremony tells a fascinating story of institutional and gender politics in the High Court: the legal community�s varied response to the novelty of a woman High Court Justice; Gaudron�s intricate balancing between her distinctive vision of her obligations as a mentor to women lawyers and her role as �one of seven� on a collegiate bench; and the perennial tension between innovation and tradition in legal method. Show more