Jane Hamilton Mathews (19 December 1940 – 31 August 2019) was a judge of the

Supreme Court of New South Wales The Supreme Court of New South Wales is the highest state court of the Australian States and territories of Australia, State of New South Wales. It has unlimited jurisdiction within the state in civil law (common law), civil matters, and hears ...

, a judge of the

Federal Court of Australia The Federal Court of Australia is an Australian superior court 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 indictable (mo ...

and President of the

Administrative Appeals Tribunal The Administrative Appeals Tribunal (AAT) was an Australian tribunal that conducted independent merits review of administrative decisions made under Commonwealth laws of the Australian Government. The AAT reviewed decisions made by Australian G ...

Early life and education

Mathews was born in

Wollongong Wollongong ( ; Dharawal: ''Woolyungah'') is a city located in the Illawarra region of New South Wales, Australia. The name is believed to originate from the Dharawal language, meaning either 'five islands/clouds', 'ground near water' or 'sound ...

, NSW, the daughter of Frank Mathews, the Chief Engineer of the BHP Steel Works at Port Kembla and went to school at

Frensham School Frensham School is an independent non-denominational comprehensive single-sex preschool, primary, and secondary day and boarding school for girls, located at Mittagong, in the Southern Highlands region of New South Wales, Australia. Es ...

Mittagong Mittagong () is a town located in the Southern Highlands (New South Wales), Southern Highlands of New South Wales, Australia, in Wingecarribee Shire. The town acts as the gateway to the Southern Highlands when coming from Sydney. Mittagong is si ...

. Mathews studied law at the

University of Sydney The University of Sydney (USYD) is a public university, public research university in Sydney, Australia. Founded in 1850, it is the oldest university in both Australia and Oceania. One of Australia's six sandstone universities, it was one of the ...

, residing at the Women's College in 1958 & 59, graduating with a Bachelor of Laws in 1961.

Career

At the time admission as a solicitor required both a law degree and a period as an

articled clerk Articled clerk is a title used in Commonwealth countries for one who is studying to be an accountant or a lawyer. In doing so, they are put under the supervision of someone already in the profession, now usually for two years, but previously three ...

. 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. 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. Following which Mathews was appointed a Crown Prosecutor in 1977.

Ruth McColl Ruth Stephanie McColl (born 1950) is a judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy. Education McColl stu ...

described Mathews as a multiple member of the club, being the first woman appointed a judge in NSW, first woman appointed to the

Supreme Court of NSW 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 ...

and first woman President of the

. 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 The University of New South Wales (UNSW) is a public research university based in Sydney, New South Wales, Australia. It was established in 1949. The university comprises seven faculties, through which it offers bachelor's, master's and docto ...

from 1992 until 1999. She was also President of the

International Association of Women Judges The International Association of Women Judges (IAWJ) is a non-profit non governmental organization founded in 1991 whose members are judges from around the world committed to equal justice for women. History The IAWJ was founded in 1991 after fif ...

and patron of the Women Lawyers Association of NSW.

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. 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. Mathews retired as an acting judge in 2018 on reaching the age of 77.

Federal Court of Australia

In 1994 the

Attorney-General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...

Michael Lavarch Michael Hugh Lavarch AO (born 8 June 1961) is an Australian lawyer, educator and former politician. He was the Attorney-General for Australia between 1993 and 1996, and from 2004 to 2012 was Executive Dean of the Faculty of Law at Queensland U ...

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 The National Native Title Tribunal (NNTT) is an independent body established under the ''Native Title Act 1993'' in Australia as a special measure for the advancement and protection of Aboriginal and Torres Strait Islander peoples (Indigenous Aus ...

. Mathews was not the first woman appointed to the Federal Court, that being

Deirdre O'Connor Deirdre Frances O'Connor (5 February 1941 – 28 January 2024) was an Australian lawyer, academic, Judge of the Federal Court of Australia, Federal Court, President of the Administrative Appeals Tribunal, and President of the Australian Indust ...

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 Hindmarsh Island bridge controversy was a 1990s Australian legal and political controversy that involved the clash of local Aboriginal Australian sacred culture and property rights. A proposed bridge to Hindmarsh Island, near Goolwa, South ...

. The High Court held that her appointment, even though conferred on Mathews personally (referred to as

persona designata The ''persona designata'' doctrine is a doctrine in law, particularly in Canadian and Australian constitutional law which states that, although it is generally impermissible for a federal judge to exercise non-judicial power, it is permissible fo ...

), was incompatible with her role as a federal judge. Mathews resigned from the Federal Court in 2001 to return as an acting judge of the Supreme Court of NSW.

Honours

In 1993, Mathews was given an honorary Doctor of Laws by the

University of Wollongong The University of Wollongong (UOW) is an Australian public university, public research university located in the coastal city of Wollongong, New South Wales, approximately south of Sydney. , the university had an enrolment of more than 33,000 s ...

, 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. In 2000, Mathews was given an honorary

doctorate of law A Doctor of Laws (LL.D.) is a doctoral degree in legal studies. The abbreviation LL.D. stands for ''Legum Doctor'', with the double “L” in the abbreviation referring to the early practice in the University of Cambridge to teach both canon law ...

by the University of Sydney. In 2005 Mathews was made an Officer of the

Order of Australia The Order of Australia is an Australian honours and awards system, Australian honour that recognises Australian citizens and other persons for outstanding achievement and service. It was established on 14 February 1975 by Elizabeth II, Monarch ...

for service to the judiciary, to the legal profession, to the University of NSW, and to music.

Personal life

In 1976 she married

Hal Wootten John Halden Wootten QC (19 December 1922 – 27 July 2021) was an Australian lawyer and legal academic and the founder of the University of New South Wales Faculty of Law, of which he was the Foundation Chair and its inaugural Dean. Wootten ser ...

, but they later divorced.

Death

Mathews died on 31 August 2019. A State Memorial Service was held at the Playhouse,

Sydney Opera House The Sydney Opera House is a multi-venue Performing arts center, performing arts centre in Sydney, New South Wales, Australia. Located on the foreshore of Sydney Harbour, it is widely regarded as one of the world's most famous and distinctive b ...

, on 18 October 2019.

References

{{DEFAULTSORT:Mathews, Jane Officers of the Order of Australia Judges of the Supreme Court of New South Wales Judges of the Federal Court of Australia 1940 births 2019 deaths Judges of the District Court of NSW 20th-century Australian judges 21st-century Australian judges University of Sydney alumni People educated at Frensham School 20th-century Australian women judges 21st-century Australian women judges People from Wollongong