High court justice Kenneth Hayne will retire in June and the vacant position on the bench will be taken up by his wife, Michelle Gordon.
The attorney general, George Brandis, denied there was any nepotism in the selection process, saying it would be “outrageous for a person who was otherwise well qualified for an appointment, as justice Gordon certainly is, to be disqualified on account of who they were married to”.
“There’s no issue of favouritism. I consulted very widely among the state and territory attorneys general,” Brandis said. “The overwhelming view was that she was an outstandingly well qualified candidate.”
Hayne will step down on 5 June after reaching the statutory retirement age of 70. Gordon will be sworn in on 9 June.
Gordon is a judge on the federal court of Australia, and has been in the role since 2007.
The Perth-born judge has been practising law since 1987.
“Justice Gordon has had a very extensive practice concentrating on major commercial litigation and she will bring great strength to the high court of Australia on the basis of her enormous experience acting for both regulators and corporates in some of the most important commercial litigation in the past two decades,” Brandis said.
“The government welcomes this appointment, of course, and we also wish to thank justice Ken Hayne for a lifetime of service to the law and a very distinguished contribution as a judge.”
Gordon, who is 51, can serve on the high court bench for another 19 years before she will be legally required to retire at age 70.
There are two other women serving in the high court: Susan Kiefel and Virginia Bell.
