Trailblazing lawyer Mary Gaudron, a woman of many firsts, leaves a huge and lasting legacy
Mary Genevieve Gaudron, the first woman judge on the High Court of Australia, has died aged 83.
Known for her courage, integrity and compassion, Gaudron brought her fierce intellect to bear on some of the nation’s most significant legal cases.
In the process, she helped change the legal profession and became an inspiration to many young women lawyers.
Early life Born in Moree in country New South Wales in 1943, there is a famous anecdote about young Mary that came to exemplify her career and her impact on the country.
In 1951, then opposition leader “Doc” Evatt was in Moree to campaign for the “no” vote on a referendum to outlaw communism.
Eight-year-old Mary famously approached him and asked “please sir, what is a constitution?” She was not impressed when he gave her a copy, finding it to be a rather flimsy document.
But the image of that clever young working-class girl seeking out a copy of the Constitution from a figure such as Evatt speaks to the significance of the trajectory of her life achievements.
When Australia’s Constitution was drafted, it could scarcely have been imagined that someone like Gaudron would exercise legal authority within it.
Legal career Gaudron entered Sydney University law school in 1961, graduating in 1965 with first-class honours and the university’s Medal for Law.
She was the second woman to be awarded this honour (after another eminent lawyer, Elizabeth Evatt), and the first to do so as a part-time student.
She married and had her first child while still at law school, where she faced barriers as someone who did not fit the mould.
After marrying she was forced to leave her part-time job at the Crown Solicitor’s Office because of the rule that married women were not permitted in the public service.
Gaudron had been told of an attempt by the vice-chancellor to award her medal to the male student who had come second to her, with the rationale being that because she was a wife and mother, the man would be more likely to make good use of the medal.
Gaudron is reported to have said, “The only difference between us is that I sit down to pee.” She made more than good use of the medal and was a woman of many firsts.
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