Debra Mortimer

Debra Sue Mortimer is an Australian Judge. She was born in New Zealand but practised law in Australia. She has been a judge of the Federal Court of Australia since 2013, having previously been a Senior Counsel practising at the Victorian Bar in migration law, environmental law and anti-discrimination law.[1]

The Honourable Justice

Debra Sue Mortimer
Judge of the Federal Court of Australia
Assumed office
12 July 2013
Personal details
BornAuckland, New Zealand
NationalityNew Zealander
EducationKelston Girls' High School
Alma materUniversity of Auckland
Monash University
OccupationJudge, Lawyer

Early life and education

Debra Mortimer was raised outside of Auckland, New Zealand. One of her parents worked as a bookbinder in Auckland. Mortimer went to school at Kelston Girls' High School in Auckland, and she spent her final year abroad in Sri Lanka.[2] She studied arts and jurisprudence at the University of Auckland before transferring to Monash University where she graduated with a Bachelor of Jurisprudence in 1985 and a Bachelor of Laws with 1st Class Honours in 1987.[1]

Career

Mortimer did her articles at Goldberg and Window Solicitors before becoming an associate to Sir Gerard Brennan then a justice of the High Court in 1988 and 1989. Mortimer became a barrister in 1989 and was appointed as a Senior Counsel in 2003.[1] It is unusual for women to have a speaking role as advocates before the High Court,[3] however Mortimer was an exception,[1] regularly appearing in the High Court from 1998,[4] until her elevation as a judge, including appearing for the successful applicants in Plaintiff M61/2010E v Commonwealth,[5] and Plaintiff M70/2011 v Minister for Immigration and Citizenship.[6] Mortimer also appeared in environmental cases, including representing Bob Brown, an Australian Greens Senator, in a case against Forestry Tasmania, concerning the Wielangta forest.[7][8]

As well as an active practice as a barrister, Mortimer was a lecturer in the Monash University Faculty of Law from 1991–94 and at the University of Melbourne Law School from 2011.[1]

Since her elevation to the Federal Court, Mortimer has been the trial judge in a number of high profile cases, including Wotton v Queensland (No 5), a case concerning the events following the 2004 death in custody of Palm Island, Queensland resident, Cameron Doomadgee. Mortimer found that members of the Queensland Police Service had contravened the Racial Discrimination Act,[9] including the way they had investigated the death in custody, that an emergency declaration and the deployment of the Special Emergency Response Team was part of an excessive and disproportionate policing response.[10] Mortimer was the trial judge in a case brought by Consumer Affairs Victoria against wellness blogger Belle Gibson and her companies for misleading or deceptive conduct and unconscionable conduct contrary to the Australian Consumer Law.[11] Gibson was required to pay $410,000 in penalties.[12]

Mortimer has also sat as a member of the Full Court of the Federal Court hearing appeals, and was a member of the bench that was critical of the approach of Judge Alexander Street in hearing applications by asylum seekers.[13] [14]

In 2018 Mortimer presided over an historic judgement resulting in an Indigenous Land Use Agreement, after a claim brought by Kaurna elders in Adelaide 18 years earlier. This was the first claim for a first land use agreement to be agreed to in any Australian capital city.[15]

See also

References
  1. "Ceremonial Sitting of the Full Court for the Swearing in and Welcome of the Honourable Justice Mortimer". Federal Court. 12 July 2013. Retrieved 13 November 2017 – via AustLII.
  2. Gordon, Michael (27 November 2010). "Rebel with a cause". The Sydney Morning Herald. Retrieved 13 November 2017.
  3. "Gender equality among barristers before the High Court". Thomson Reuters. 24 February 2017. Retrieved 13 November 2017.
  4. "Re Minister for Immigration and Multicultural Affairs; Ex Parte SE [1998] HCA 72". High Court. 25 November 1998. Retrieved 13 November 2017 – via AustLII.
  5. "Plaintiff M61/2010E v Commonwealth of Australia [2010] HCA 41". High Court. 11 November 2010. Retrieved 13 November 2017 – via AustLII.
  6. "Plaintiff M70/2011 v Minister for Immigration and Citizenship [2011] HCA 32". High Court. 31 August 2011. Retrieved 13 November 2017 – via AustLII.
  7. "Brown v Forestry Tasmania [2006] FCA 1729". Federal Court. 19 December 2006. Retrieved 13 November 2017 – via AustLII.
  8. "Forestry Tasmania v Brown [2007] FCAFC 186". Federal Court (Full Court). 30 November 2007. Retrieved 13 November 2017 – via AustLII.
  9. "Racial Discrimination Act". Cth. Retrieved 13 November 2017 – via AustLII.
  10. "Wotton v State of Queensland (No 5) [2016] FCA 1457". Federal Court. 5 December 2016. Retrieved 13 November 2017 – via AustLII.
  11. "Director of Consumer Affairs Victoria v Gibson [2017] FCA 240". Federal Court. 15 March 2017. Retrieved 13 November 2017 – via AustLII.
  12. "Director of Consumer Affairs Victoria v Gibson (No 3) [2017] FCA 1148". Federal Court. 28 September 2017. Retrieved 13 November 2017 – via AustLII.
  13. "Shrestha v Migration Review Tribunal [2015] FCAFC 87". Federal Court (Full Court)]. 19 June 2015. Retrieved 13 November 2017 – via AustLII.
  14. "SZWBH v Minister for Immigration and Border Protection [2015] FCAFC 88". Federal Court (Full Court)]. 19 June 2015. Retrieved 13 November 2017 – via AustLII.
  15. Richards, Stephanie (21 March 2018). ""Our ancestors will be smiling": Kaurna people gain native title rights". InDaily. Retrieved 16 May 2020.
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