Monika Schmidt 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 ...

from 2009 until 2019, appointed to the Common Law Division, having previously been a judge of the Industrial Court of New South Wales for 16 years.

Early life and education

Schmidt was educated at the University of Sydney and received her LL.B. in 1979.

Career

Schmidt was a partner at Minter Ellison, a firm of solicitors, specialising in industrial and employment law, including lecturing 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 ...

Industrial Court of NSW

Schmidt was appointed as a judge of the Industrial Court of New South Wales in 1993, aged 32. The Industrial Court of NSW had the equivalent status of the Supreme Court of NSW. Schmidt was involved with the Judicial Commission of New South Wales, in 1996 becoming a member of the advisory committee on judicial education and as a member of the Conduct Division dealing with complaints about judicial officers. In 1998 Schmidt was received a dual appointment as a Deputy President of the

Australian Industrial Relations Commission The Australian Industrial Relations Commission (AIRC), known from 1956 to 1973 as the Commonwealth Conciliation and Arbitration Commission and from 1973 to 1988 as the Australian Conciliation and Arbitration Commission, was a tribunal with powe ...

. Schmidt joined Justice Leone Glynn in a dissenting judgement on an important question of the jurisdiction of the Court, a dissent that was subsequently approved by the

NSW Court of Appeal The New South Wales Court of Appeal, part of the Supreme Court of New South Wales, is the highest court for civil matters and has appellate jurisdiction in the Australian state of New South Wales. Jurisdiction The Court of Appeal operates pursu ...

Supreme Court of NSW

Schmidt was appointed as an acting judge of the

, sitting for four months in 2009 before being permanently appointed to the Common Law Division from 27 July 2009. In 2013, Schmidt delivered a judgment in the NSW Court of Criminal Appeal which was scathing of the remarks on sentence by

District Court District courts are a category of courts which exists in several nations, some call them "small case court" usually as the lowest level of the hierarchy. These courts generally work under a higher court which exercises control over the lower co ...

judge Garry Neilson, who had found that the seriousness of an incest offence was reduced "because there had been no ejaculation involved ... and because there was no rough handling involved", describing the remarks as having no foundation and not the subject of any evidence, one of a number of judgments that resulted in the suspension of Judge Neilson from criminal trials. In 2014, Schmidt rejected an application that she refer a case to a male judge, because, as a female judge, she was suspected of being a feminist with leftist leanings. Schmidt noted that a judge was obligated under their oath of office obliged to determine issues impartially regardless of their personal views. Schmidt retired on 11 September 2019.

References

{{DEFAULTSORT:Schmidt, Monika 1956 births Living people German emigrants to Australia Judges of the Supreme Court of New South Wales Australian women judges Honorary members of the Order of Australia