Monika Schmidt

The Honourable Justice
Monika Schmidt
Judge of the Industrial Court of NSW
In office
16 June 1993 – 26 July 2009
Judge of the Supreme Court of NSW
Assumed office
27 July 2009
Personal details
Born 1960/1961 (age 57–58)
Nationality Australian
Occupation Judge, Lawyer,

Monika Schmidt is a judge of the Supreme Court of New South Wales, appointed to the Common Law Division, having previously been a judge of the Industrial Court of New South Wales for 16 years.[1]


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.[1]

Industrial Court of NSW

Schmidt was appointed as a judge of the Industrial Court of New South Wales in 1993, aged 32.[2] The Industrial Court of NSW had the equivalent status of the Supreme Court of NSW.[3] 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.[4] In 1998 Schmidt was received a dual appointment as a Deputy President of the Australian Industrial Relations Commission.[1] Schmidt joined Justice Leone Glynn in a dissenting judgement on an important question of the jurisdiction of the Court,[5] a dissent that was subsequently approved by the NSW Court of Appeal.[6]

Supreme Court of NSW

Schmidt was appointed as an acting judge of the Supreme Court of NSW, sitting for four months in 2009 before being permanently appointed to the Common Law Division from 27 July 2009.[4] In 2013 Schmidt delivered a judgment in the NSW Court of Criminal Appeal which was scathing of the remarks on sentence by District Court 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,[7] one of a number of judgments that resulted in the suspension of Judge Neilson from criminal trials.[8] 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.[9][10]

References

  1. 1 2 3 Hatzistergos, J (2 July 2009). "Media Release: IR Judge appointed to NSW Supreme Court" (PDF). Retrieved 9 November 2017.
  2. ↑ "Annual Report" (PDF). Industrial Relations Commission of NSW. 1993. Retrieved 9 November 2017.
  3. ↑ "s52 Definition and application". Constitution Act 1902 (NSW). AustLII. Retrieved 9 November 2017.
  4. 1 2 "The Hon Justice Monika Schmidt" (PDF). Bar News. NSW Bar Association. 2009. Retrieved 9 November 2017.
  5. ↑ "Reich v Client Server Professionals of Australia Pty Ltd [2000] NSWIRComm 143, (2000) 49 NSWLR 551". AustLII. Retrieved 9 November 2017.
  6. ↑ "Sydney Water Corporation Ltd v IRC of NSW [2004] NSWCA 438, (2004) 61 NSWLR 661". AustLII. Retrieved 9 November 2017.
  7. ↑ "Dawson v R [2013] NSWCCA 61". AustLII. Retrieved 9 November 2017.
  8. ↑ Fife-Yeomans, J; Godfrey, M (11 July 2014). "Judge Garry Neilson suspended until NSW Judicial Commission determination over comments comparing homosexuality to incest". dailytelegraph.com.au. Retrieved 9 November 2017.
  9. ↑ "Attorney General (NSW) v Mahmoud [2014] NSWSC 1378". AustLII. Retrieved 9 November 2017.
  10. ↑ Whitbourn, M (12 October 2014). "Female judge asked to disqualify herself due to suspected 'feminist' and 'leftist' views". smh.com.au. Retrieved 9 November 2017.
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