Virginia Bell (judge)
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Virginia Margaret Bell (born 7 March 1951) is a former Justice of the
High Court of Australia The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation. The High Court was establi ...
, the highest court in the
Australian court hierarchy The judiciary of Australia comprises judges who sit in federal courts and courts of the States and territories of Australia, States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as t ...
. She was sworn in on 3 February 2009, and retired on 28 February 2021.


Early life and education

Bell was educated at SCEGGS Darlinghurst before attending 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 ...
, where she graduated in law in 1976.


Career

Bell was admitted as a
solicitor A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to p ...
of
New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...
in 1977 and worked as a solicitor at the Redfern Legal Centre in Sydney from 1978 to 1984. Between 1982 and 1984, she was a member of the Board of Governors of the Law Foundation. In 1984, Bell was called to the NSW bar, joining Frederick Jordan Chambers. Bell was appointed a public defender in 1986, returning to private practice in late 1989. She was one of the counsel assisting the Wood Royal Commission into the New South Wales Police Service between 1994 and 1997. In November 1997, she was appointed Senior Counsel. Bell was sworn in as 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 ...
on 25 March 1999. She was appointed to the
Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
of that court in early 2008, resigning on 19 December 2008 in order to be appointed to the High Court. During her time on the Supreme Court, she presided over a defamation case brought by Rene Rivkin, holding that allegations of homosexuality were no longer defamatory at common law. Bell was President of the Australasian Institute of Judicial Administration from 2007 to 2008. She was Chair of the University of Wollongong Law Faculty Advisory Committee from 2007 to 2008. From 1998 to 1999, she served as a part-time Commissioner of the
Law Reform Commission of New South Wales The New South Wales Law Reform Commission is a Government agency, commission to investigate, review and advise on the reform of the law in New South Wales, a state of Australia. The present commission came into existence on 25 September 1967 alt ...
. She is a former host of the ABC Radio National program '' Late Night Live''.


High Court

In December 2008, Attorney-General Robert McClelland announced that Bell would succeed Michael Kirby on the High Court. She was sworn in on 3 February 2009. According to Kate Hannon in ''
The Sydney Morning Herald ''The Sydney Morning Herald'' (''SMH'') is a daily Tabloid (newspaper format), tabloid newspaper published in Sydney, Australia, and owned by Nine Entertainment. Founded in 1831 as the ''Sydney Herald'', the ''Herald'' is the oldest continuous ...
'', her appointment was "welcomed as redressing a lack of criminal law expertise on the bench of Australia's superior court, and as going some way towards correcting the gender imbalance". Commentator Natasha Stojanovich noted the "disproportionate media focus on Justice Bell's gender and commitment to social justice". According to Jeremy Gans, a
Melbourne Law School Melbourne Law School is one of the professional graduate schools of the University of Melbourne. Located in Carlton, Victoria, Melbourne Law School is Australia's oldest law school, and offers Juris Doctor, J.D., Master of Laws, LL.M, Doctor of P ...
professor, Bell's partnership with Susan Kiefel and Patrick Keane is "the most powerful bloc of judges in the court's history". Gans found that, as of 2018, the three justices had been in agreement in 88 percent of the 116 cases where they had sat together.


Inquiry into joint ministerial positions

On 26 August 2022, Prime Minister
Anthony Albanese Anthony Norman Albanese ( or ; born 2 March 1963) is an Australian politician serving as the 31st and current prime minister of Australia since 2022. He has been the Leaders of the Australian Labor Party#Leader, leader of the Labor Party si ...
and Attorney-General
Mark Dreyfus Mark Alfred Dreyfus (born 3 October 1956) is an Australian politician and lawyer. He is a member of the Australian Labor Party (ALP), and has been the MP for Isaacs since the 2007 election. Dreyfus served as the attorney-general of Austral ...
announced that the government had appointed Bell "to lead an inquiry into the appointment of former Prime Minister, the Hon
Scott Morrison Scott John Morrison (born 13 May 1968) is an Australian former politician who served as the 30th prime minister of Australia from 2018 to 2022. He held office as leader of the Liberal Party of Australia, leader of the Liberal Party and was ...
MP, to administer departments other than the Department of Prime Minister and Cabinet and related matters". The report was published on 25 November.


Honours

On 26 January 2012, Bell was appointed a Companion 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 "eminent service to the judiciary and to the law through leadership in criminal law reform and public policy development, to judicial administration, and as an advocate for the economically and socially disadvantaged".


Personal life

Bell lives in inner Sydney with her partner, a barrister. She has long been involved in the
LGBT LGBTQ people are individuals who are lesbian, gay, bisexual, transgender, queer, or questioning. Many variants of the initialism are used; LGBTQIA+ people incorporates intersex, asexual, aromantic, agender, and other individuals. The gro ...
and human rights issues, participating in the first Mardi Gras LGBT rights rally in Sydney in 1978, which was broken up by police. She is the first lesbian to serve on the High Court, and the second openly LGBT person after Michael Kirby, whom she replaced upon his retirement on 3 February 2009. On her appointment, Australian Law Reform Commission president David Weisbrot opined that Bell will be a "progressive" jurist in the tradition of Michael Kirby.


References


External links


High Court of Australia profile
{{DEFAULTSORT:Bell, Virginia 1951 births Australian Senior Counsel Companions of the Order of Australia Justices of the High Court of Australia 21st-century Australian women judges 21st-century Australian judges Judges of the Supreme Court of New South Wales Living people Sydney Law School alumni LGBTQ judges Australian LGBTQ lawyers Australian lesbians Public defenders People educated at Sydney Church of England Girls Grammar School