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Susan Kenny

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The Honourable Justice
Susan Coralie Kenny
AM
Judge of the Federal Court of Australia
In office
16 October 1998 – 29 November 2023
Judge of the Court of Appeal (Vic)
In office
25 July 1997 – 15 October 1998
Personal details
Born (1953-11-29) 29 November 1953 (age 70)
Oxford, United Kingdom
NationalityAustralian
Children3
EducationUniversity of Melbourne (BA, LLB)
Magdalen College, Oxford (DPhil)
OccupationJudge, Lawyer

Susan Coralie Kenny AM (born 29 November 1953) is a reserve judge of the Supreme Court of Victoria, a former Judge of the Federal Court of Australia,[1][2] and before that was a Judge of the Supreme Court of Victoria, where she was the first woman to serve on the Court of Appeal.[3]

Early life and education

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Kenny was born in Oxford in 1953. She attended various schools in the United States of America and Australia, completing her secondary education at Methodist Ladies' College, Melbourne.[4] Kenny studied at the University of Melbourne, graduating in 1978 with a Bachelor of Arts and a Bachelor of Laws, winning the Dwight's Prize for history and sharing the Supreme Court Prize for law.[5] She was an editor of the Melbourne University Law Review in 1975. In 1985 Kenny was awarded the Menzies Scholarship in Law, which together with a grant from the Queen Elizabeth II Silver Jubilee Trust enabled her to attended Magdalen College at the University of Oxford, completing her doctorate in 1988 which was supervised by John Finnis.[6]

Career

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Kenny was associate to Sir Ninian Stephen, then a High Court judge in 1979 and 1980.[1] From 1981 she practised as a barrister, working in constitutional, public, commercial and tax law. Kenny appeared in notable cases including the Tasmanian Dams case,[7] War Crimes case,[8] and in the International Court of Justice in East Timor (Portugal v Australia),[1][9] and Nauru v Australia.[10] Kenny was a President of the Administrative Review Council from 9 February 1993 to 30 September 1995.[11] She was appointed a Queen's Counsel in 1996.[1]

Supreme Court of Victoria

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Kenny was appointed a Judge of the Court of Appeal of the Supreme Court of Victoria sitting between 25 July 1997 and 15 October 1998, the first woman to be appointed to this court.[3] After her retirement from the Federal Court in November 2023, she rejoined the Court of Appeal as a reserve judge from July 2024.

Federal Court

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Kenny was sworn in as a judge of the Federal Court on 16 October 1998.[1] In November 2010, she was appointed a presidential member of the Administrative Appeals Tribunal.[12] As a judge Kenny hears the wide range of matters before the Federal Court, both as a trial judge and on appeal, including workplace relations (AWU v BHP Iron Ore [13]) employment law (Walker v Citigroup Global Markets Pty Ltd [14]) intellectual property (McCormick & Co Inc v McCormick,[15] D'Arcy v Myriad Genetics Inc [16] anti-discrimination law (Rainsford v Victoria,[17] and AB v Registrar of Births, Deaths & Marriages [18]) migration appeals (ALA15 v Minister for Immigration and Border Protection [19][20]) environmental law (Alpine Grazing Trial case [21][22]) and taxation law (Haritos v Commissioner of Taxation [23]).

Australian Electoral Commission

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On 17 September 2020 she was appointed Chairperson of the Australian Electoral Commission for a 5-year term.[24]

Published articles

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  • 'Constitutional Fact Ascertainment' (1990) 1 Public Law Review 134 LawCite record.
  • 'Important changes to migration review', in Major Changes to Immigration Law (Leo Cussen Institute, Melbourne, 1993) ISBN 0-86394-323-3
  • "Interveners and Amici Curiae in the High Court" (PDF). (1998) 20 Adelaide Law Review 159.
  • Kenny, S. (2003). "The High Court on Constitutional Law: The 2002 Term". University of New South Wales Law Journal. (2003) 26 University of New South Wales Law Journal 210.
  • Kenny, Susan (2015). "Federal Courts and Australian National Identity". Melbourne University Law Review. (2015) 38 Melbourne University Law Review 996, special issue in memory of Sir Zelman Cowen
  • "Speeches by Justice Kenny". Federal Court.

See also

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References

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  1. ^ a b c d e "The Hon Susan Coralie KENNY". Federal Court of Australia. Archived from the original on 28 February 2017.
  2. ^ "In Conversation with The Honourable Justice Susan Kenny". December 2010. Archived from the original on 20 March 2017.
  3. ^ a b "Past judges and associate judges". Supreme Court of Victoria. Archived from the original on 11 January 2018.
  4. ^ "Susan Kenny". Australian Women Lawyers. Retrieved 11 January 2018.
  5. ^ "The Supreme Court Scholarship and Prize Winners". University of Melbourne. Archived from the original on 1 March 2012. Retrieved 27 February 2012.
  6. ^ Kenny, Susan Coralie (1988). Constitutional facts and their judicial ascertainment in the United States Supreme Court with a comparative reference to the practice of the Australian High Court (Ph.D). University of Oxford. Retrieved 4 April 2017.
  7. ^ Commonwealth v Tasmania (Tasmanian Dams case) [1983] HCA 21, (1983) 158 CLR 1 (1 July 1983), High Court. Kenny appeared for the Commonwealth, led by the Solicitor-General Sir Maurice Byers QC.
  8. ^ Polyukhovich v Commonwealth (War Crimes case) [1991] HCA 32, (1991) 172 CLR 501 (1 July 1983), High Court. Kenny appeared for the Commonwealth, led by the Solicitor-General Gavan Griffith QC.
  9. ^ "East Timor (Portugal v Australia)". International Court of Justice. Retrieved 11 January 2018. Kenny appeared for Australia, with the Solicitor-General Gavan Griffith QC
  10. ^ "Certain Phosphate Lands in Nauru (Nauru v. Australia)". International Court of Justice. Retrieved 11 January 2018. Kenny appeared for Australia, led by the Solicitor-General Gavan Griffith QC
  11. ^ "Record of the 25th Anniversary Proceedings Schedule A". Administrative Review Council. Archived from the original on 19 March 2012. Retrieved 27 February 2012.
  12. ^ "Statutory Appointments". Administrative Appeals Tribunal. Archived from the original on 27 February 2012. Retrieved 27 February 2012.
  13. ^ Australian Workers' Union v BHP Iron-Ore Pty Ltd [2001] FCA 3, (2001) 106 FCR 482 (10 January 2001), Federal Court.
  14. ^ Walker v Citigroup Global Markets Pty Ltd [2005] FCA 1678, (2005) 226 ALR 114 (23 November 2005), Federal Court.
  15. ^ McCormick & Co Inc v McCormick [2000] FCA 1335, (2000) 51 IPR 102 (15 September 2000), Federal Court.
  16. ^ D'Arcy v Myriad Genetics Inc [2014] FCAFC 115 (5 September 2014), Federal Court (Full Court).
  17. ^ Rainsford v Victoria [2005] FCAFC 163, (2005) 144 FCR 279 (17 August 2005), Federal Court.
  18. ^ AB v Registrar of Births, Deaths & Marriages [2007] FCAFC 140, (2007) 162 FCR 528 (29 August 2007), Federal Court (Full Court).
  19. ^ ALA15 v Minister for Immigration and Border Protection [2016] FCAFC 30 (10 March 2016), Federal Court (Full Court).
  20. ^ "Federal Circuit Court Judge Alexander Street not biased over asylum seeker decisions, court rules". ABC News. 11 March 2016. Retrieved 13 January 2018.
  21. ^ Secretary to the Department of Sustainability and Environment (Vic) v Minister for Sustainability, Environment, Water, Population and Communities (Cth) [2013] FCA 1 (4 January 2013), Federal Court.
  22. ^ "Federal Court Decides on Alpine Grazing Trial". Enfironmental Justice Australia. 14 January 2013. Retrieved 13 January 2018.
  23. ^ Haritos v Commissioner of Taxation [2015] FCAFC 92 (30 June 2015), Federal Court (Full Court).
  24. ^ "Appointment of Chairperson - Australian Electoral Commission | Finance Minister".
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