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Stephen John Gageler (; born 5 July 1958) is a
Justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
of the
High Court of Australia The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution. The High Court was established following passage of the '' Judiciary Act 1903''. ...
. He was previously a
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and givin ...
based in Sydney and the Solicitor-General of Australia, the Commonwealth's second-ranking law officer.


Early life and education

Gageler was born and raised in
Sandy Hollow, New South Wales Sandy Hollow is a small rural town in New South Wales, Australia in Muswellbrook Shire. The town is located on the Golden Highway in the far west of the Upper Hunter Region, about 260 km north of Sydney. It is located around halfway betw ...
, where his father, John, and grandfather, Clive, were
sawmill A sawmill (saw mill, saw-mill) or lumber mill is a facility where logging, logs are cut into lumber. Modern sawmills use a motorized saw to cut logs lengthwise to make long pieces, and crosswise to length depending on standard or custom sizes ...
ers operating his grandfather's company. Gageler was influenced to become a lawyer by meeting Bryan Beaumont, at the time the owner of a property near Gageler's boyhood home, who later became a judge of the
Federal Court of Australia The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indic ...
. Gageler's primary school education was at a one-teacher school, Giant's Creek Primary School, about 3 km from Sandy Hollow. His secondary education was at
Muswellbrook Muswellbrook ( ) is a town in the Upper Hunter Region of New South Wales, Australia, about north of Sydney and north-west of Newcastle. Geologically, Muswellbrook is situated in the northern parts of the Sydney basin, bordering the New Engla ...
High School. He graduated from the
Australian National University The Australian National University (ANU) is a public research university located in Canberra, the capital of Australia. Its main campus in Acton encompasses seven teaching and research colleges, in addition to several national academies an ...
with a Bachelor of Economics in 1980 and a
Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Ch ...
with First Class Honours in 1982. He resided at Bruce Hall, the university's oldest residential college, in his third year, and at
Ursula Hall There are ten residential colleges affiliated with ANU— Bruce Hall, Ursula Hall, Burgmann College, John XXIII College, Toad Hall, Burton & Garran Hall, Graduate House, Fenner Hall, Wamburun Hall and Wright Hall. Bruce Hall Burgmann College ...
for his first two. He became an associate for High Court Justice Sir Anthony Mason. He then studied at
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each c ...
, graduating with a
Master of Laws A Master of Laws (M.L. or LL.M.; Latin: ' or ') is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In mo ...
in 1987.


Legal career

Upon return from
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each c ...
, Gageler was called to the bar in Sydney where, for 20 years, he worked as a barrister specialising in constitutional, administrative, revenue and commercial law. He was made a
Senior Counsel The title of Senior Counsel or State Counsel (post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdictio ...
in 2000. Gageler represented, among others,
Betfair Betfair is a British gambling company which operates the world's largest online betting exchange. Its product offering also includes sports betting, online casino, online poker, and online bingo. Founded in 2000, the business is split int ...
, the Humane Society, the
ACT Government The Government of the Australian Capital Territory, also referred to as the Australian Capital Territory Government or ACT Government, is the executive authority of the Australian Capital Territory, one of the territories of Australia. The lea ...
, and
John Howard John Winston Howard (born 26 July 1939) is an Australian former politician who served as the 25th prime minister of Australia from 1996 to 2007, holding office as leader of the Liberal Party. His eleven-year tenure as prime minister is the ...
(the
Prime Minister of Australia The prime minister of Australia is the head of government of the Commonwealth of Australia. The prime minister heads the executive branch of the federal government of Australia and is also accountable to federal parliament under the princip ...
). Gageler was assistant counsel for the Commercial Radio Enquiry in 1999.


Solicitor-General

Gageler was appointed the Solicitor-General of Australia on 1 September 2008, based in
Canberra Canberra ( ) is the capital city of Australia. Founded following the federation of the colonies of Australia as the seat of government for the new nation, it is Australia's largest inland city and the eighth-largest city overall. The ci ...
, Australian Capital Territory. This position is the second law officer of the Commonwealth, advising the Government and appearing as counsel in significant cases. Gageler defended the Commonwealth unsuccessfully in the Malaysian solution challenge and successfully in the tobacco
plain packaging In geography, a plain is a flat expanse of land that generally does not change much in elevation, and is primarily treeless. Plains occur as lowlands along valleys or at the base of mountains, as coastal plains, and as plateaus or uplan ...
cases in 2012.


High Court of Australia

Gageler's appointment as a Justice of the
High Court of Australia The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution. The High Court was established following passage of the '' Judiciary Act 1903''. ...
was announced on 21 August 2012 by the
Attorney-General of Australia The Attorney-GeneralThe title is officially "Attorney-General". For the purposes of distinguishing the office from other attorneys-general, and in accordance with usual practice in the United Kingdom and other common law jurisdictions, the Aust ...
, Nicola Roxon, for whom Gageler had worked as Solicitor-General of Australia since 2008. Roxon announced that Gageler would replace Justice
William Gummow William Montague Charles Gummow (born 9 October 1942) is a former Justice of the High Court of Australia, the highest court in the Australian court hierarchy. He was appointed to the Court of Final Appeal of Hong Kong on 8 April 2013 as a non-p ...
on his retirement in October 2012. Gageler is the second solicitor-general to be appointed to the High Court, after Anthony Mason's appointment as Chief Justice in 1987, and the first to be appointed directly to the court with no prior judicial experience – Mason had previously served on the
Supreme Court of New South Wales The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court ...
. Gageler's likeness appears in a painting from 2003 that was commissioned to mark the Court's centenary. The painting depicts the High Court sitting on Tuesday 29 April 2003 to hear the case ''Purvis v State of New South Wales'' . The artist,
Robert Hannaford Robert Lyall "Alfie" Hannaford , (born 9 November 1944) is an Australian realist artist notable for his drawings, paintings, portraits and sculptures. He is a great-great-great-grandson of Susannah Hannaford. Family Hannaford was born a ...
, painted the Full Bench (seven member) hearing. Gageler was arguing the case for the appellant and is shown standing at the lectern addressing the court.


Personal

Gageler met his wife, Carla, while at the
ANU , image=Detail, upper part, Kudurru of Ritti-Marduk, from Sippar, Iraq, 1125-1104 BCE. British Museum.jpg , caption=Symbols of various deities, including Anu (bottom right corner) on a kudurru of Ritti-Marduk, from Sippar, Iraq, 1125–1104 BCE , ...
. They have a daughter and two sons. The family attends a
Roman Catholic Roman or Romans most often refers to: * Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD * Roman people, the people of ancient Rome *'' Epistle to the Romans'', shortened to ''Romans'', a let ...
church, through the influence of Carla, although Gageler considers himself an
Anglican Anglicanism is a Western Christian tradition that has developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the context of the Protestant Reformation in Europe. It is one of t ...
. Gageler has a black belt in
taekwondo ''Taekwondo'', ''Tae Kwon Do'' or ''Taekwon-Do'' (; ko, 태권도/跆拳道 ) is a Korean martial arts, Korean form of martial arts involving punching and kicking techniques, with emphasis on head-height kicks, spinning jump kicks, and fast k ...
, a sport that he took up in his early 40s after seeing his sons training. He took three years to attain the black belt. He trains several times a week. In 2017 Gageler was appointed a
Companion of the Order of Australia The Order of Australia is an honour that recognises Australian citizens and other persons for outstanding achievement and service. It was established on 14 February 1975 by Elizabeth II, Queen of Australia, on the advice of the Australian Gove ...
for eminent service to the law and to the judiciary through contributions in the areas of constitutional, public, international, common and criminal law, to legal reform, education and academic discourse, and to professional organisations.


References


External links


Painting of 100 years of the High Court; Gageler as advocate
{{DEFAULTSORT:Gageler, Stephen 1958 births Living people Australian National University alumni Australian Senior Counsel Harvard Law School alumni Justices of the High Court of Australia Solicitors-General of Australia Companions of the Order of Australia Australian male taekwondo practitioners