Jane Mathews

Jane Hamilton Mathews AO (19 December 1940 – 31 August 2019) was a judge of the Supreme Court of New South Wales, a judge of the Federal Court of Australia and President of the Administrative Appeals Tribunal.[1]

For the American general, see Joane Mathews.

The Honourable Justice

Jane Mathews

AO
Judge of the Federal Court of Australia
In office
4 July 1994 – 6 April 2001
President Administrative Appeals Tribunal
In office
1994–1999
Judge of the Supreme Court of NSW
In office
7 July 1987 – 3 July 1994
Acting Judge of the Supreme Court of NSW & Judge of Appeal
In office
2001–2018
Personal details
Born(1940-12-19)19 December 1940
Wollongong, NSW, Australia
Died31 August 2019(2019-08-31) (aged 78)
NationalityAustralian
Alma materFrensham School
University of Sydney (Women's College)
OccupationJudge, Crown Prosecutor, Lawyer

Early life and education

Mathews was born in Wollongong, NSW, the daughter of Frank Mathews, the Chief Engineer of the BHP Steel Works at Port Kembla and went to school at Frensham School in Mittagong.[2] Mathews studied law at the University of Sydney, residing at the Women's College in 1958 & 59,[3] graduating with a Bachelor of Laws in 1961.[4]

Career

At the time admission as a solicitor required both a law degree and a period as an articled clerk. Mathews did her articles with Dawson Waldron Edwards & Nichols, where she was the first female articled clerk and was admitted as a solicitor in 1962. Mathews returned to Wollongong with Beale and Geddes until 1965 when she worked at Allen, Allen & Hemsley.[2]

Mathews became a barrister in 1969, practising in criminal law and was appointed counsel assisting the Royal Commission on Human Relationships which had broad terms of reference to "inquire into and report upon the family, social, educational, legal and sexual aspects of male and female relationships". The Commission covered topics as diverse as abortion, domestic violence, the police and courts’ treatment of rape victims and discrimination faced by gays and lesbians. The Commission ran from 1974 until 1977.[5] Following which Mathews was appointed a Crown Prosecutor in 1977.

Ruth McColl described Mathews as a multiple member of the FW2 club, being the first woman appointed a judge in NSW,[6] first woman appointed to the Supreme Court of NSW and first woman President of the Administrative Appeals Tribunal.[7] Mathews initial appointment as a judge was to the District Court of NSW in 1980, during which she was also appointed as a part time Commissioner of the NSW Law Reform Commission from 1984 to 1989 and as head of the NSW Equal Opportunity Commission from 1985 to 1987.

In addition to her legal career, Mathews was Deputy Chancellor of the University of NSW from 1992 until 1999. She was also President of the International Association of Women Judges and patron of the Women Lawyers Association of NSW.[2]

Supreme Court of NSW

Mathews was the first woman to be appointed a judge of the NSW Supreme Court in 1987 and only the second woman in Australia to be appointed to a Supreme Court after Roma Mitchell in South Australia in 1965.[8] Mathews resigned to become the President of the Administrative Appeals Tribunal in 1994 however returned to the NSW Supreme Court as an Acting Judge and Acting Judge of Appeal from 2001.[2] Mathews retired as an acting judge in 2018 on reaching the age of 77.[9]

Federal Court of Australia

In 1994 the Attorney-General Michael Lavarch offered Mathews the role of President of the Administrative Appeals Tribunal which involved being appointed to the Federal Court. Mathews was also appointed, at her request, to the Native Title Tribunal. Mathews was not the first woman appointed to the Federal Court, that being Deirdre O'Connor who was appointed in 1990.

In 1996 Mathews was appointed to prepare a report on Aboriginal Heritage issues in relation to the Hindmarsh Island bridge controversy. The High Court held that her appointment, even though conferred on Mathews personally (referred to as persona designata), was incompatible with her role as a federal judge.[10][11] Mathews resigned from the Federal Court in 2001 to return as an acting judge of the Supreme Court of NSW.[2]

Honours

In 1993 Mathews was given an honorary Doctor of Laws by the University of Wollongong, not only for her ground breaking work as a lawyer and judge, but also for her work in establishing the faculty of law at the University of Wollongong.[4] In 2000 Mathews was given an honorary doctorate of law by the University of Sydney.[12] In 2005 Mathews was made an Officer of the Order of Australia for service to the judiciary, to the legal profession, to the University of NSW, and to music.[13]

Death

Mathews died on 31 August 2019.[14] A State Memorial Service was held at the Playhouse, Sydney Opera House on 18 October 2019.[15]

See also

List of Judges of the Supreme Court of New South Wales

References
  1. "Jane Mathews". Australian Women Lawyers as Active Citizens. Retrieved 2 November 2017.
  2. Jowett, T. "An interview with Acting Justice Jane Matthews". (2015 Summer) Bar News: Journal of the NSW Bar Association 54. Retrieved 2 November 2017.
  3. "Jane Hamilton Mathews LLB., Syd., LL. (Hon.) Wollongong Uni". www.thewomenscollege.com.au. Retrieved 2 November 2017.
  4. "Citation: Admission of Jane Hamilton Mathews to the Degree of Doctor of Laws, Honoris Causa" (PDF). University of Wollongong. 8 October 1993. Retrieved 2 November 2017.
  5. "Royal Commission on Human Relationships". 21 November 1977. Retrieved 2 November 2017 – via Analysis & Policy Observatory.
  6. Margaret Sleeman was appointed a NSW Magistrate on 27 July 1970,[2] however magistrates were not judicial officers until 1986: "History of New South Wales courts and tribunals". Retrieved 2 November 2017.
  7. McColl, R. "Celebrating Women in the Judiciary". [2014] New South Wales Judicial Scholarship 2. Retrieved 2 November 2017.
  8. Elizabeth Evatt had been appointed Chief Judge of the Family Court in 1976 and Mary Gaudron was appointed a judge of the High Court earlier in 1987.
  9. Beazley, Margaret (15 June 2018). "Honouring Justice Jane Mathews AO" (PDF). Supreme Court of NSW. Retrieved 2 September 2019.
  10. Wilson v Minister for Aboriginal and Torres Strait Islander Affairs [1996] HCA 18, (1996) 189 CLR 1, High Court.
  11. Blackshield, T; Williams, G (2006). Australian Constitutional Law and Theory: Commentary and Materials (4th ed.). Federation Press. ISBN 1-86287-586-3.
  12. "Honorary awards: The Hon Justice Jane Hamilton Mathews". University of Sydney. 27 October 2000. Retrieved 2 November 2017.
  13. "MATHEWS, Jane Hamilton". Australian Honours search facility. 13 June 2005. Retrieved 2 November 2017.
  14. "The Hon Jane Hamilton Mathews AO (1940-2019)". In brief. NSW Bar Association. Retrieved 2 September 2019.
  15. "Tributes & Celebrations". The Sydney Morning Herald. 14 October 2019. p. 30.

 

Legal offices
Preceded by
Deirdre O'Connor		 President Administrative Appeals Tribunal
1994–1999		 Succeeded by
Deirdre O'Connor
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