long hours that judicial officers spend out of court in reading to prepare for hearings and in judgment writing; and (3) the sacrifices they make in trying to maintain some sort of a work / life balance.
Has much progress been made for women having equal opportunities? Yes. I think there has been significant progress in Western Australia, particularly in recent years. I only have to look to my colleagues sitting around the table at meetings of the Western Australian Heads of Jurisdiction to see the great progress that has been made.
Advice to young lawyers
Chief Judge Gail Sutherland The first woman appointed Chief Judge of the Family Court of WA Chief Judge Sutherland was admitted to practice in WA in 1982 and has worked in family law for the majority of her legal career in family law. Following her admission, she practised in a variety of areas until 1985 when she commenced at Ilbery Barblett and O’Dea as a family law solicitor, later becoming an associate. Chief Judge Sutherland became an accredited family lawyer in 1994. She was appointed as Registrar of the Family Court of Western Australia in 2009 and as a Family Law Magistrate in 2010, before being appointed Principal Registrar in September 2017. Her Honour was appointed as a judge of the Family Court of Western Australia in 2018. One year later, in 2019, she was appointed Chief Judge of the Family Court of WA – the first female to hold this position since the Court’s inception over 40 years ago. During her time at the Family Court, Chief Judge Sutherland has undertaken a number of projects including as a member of the Court’s Continuing Professional Education Committee. She has presented to many conferences and seminars including to the Law Society of WA and the Family Law Practitioners’ Association of WA.
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Why did your Honour choose law? I wanted a degree that would give me multiple career options: including in law, commerce, government and education. Studying law fitted the bill perfectly.
What does your Honour regard as the proudest achievement of your career? I was the first in my family to attend university. Graduating and then being admitted to practice as a lawyer in 1982 was a very big milestone for me and my family. I then spent many years in different legal practices, working with great people from whom I learnt a lot. Since joining the Family Court of Western Australia in 2009 I have been privileged to work in every judicial role at the Court, culminating in 2019 with my appointment as Chief Judge. Each appointment was very special, and a career highlight at the time. However, there is no doubt that being appointed as only the 5th Chief Judge of the Court was, and continues to be, a tremendous honour.
What motived your Honour to achieve so much in your career? I don’t think I have ever been motivated by career achievements or career success. Rather, my motivation has always derived from enjoying working as part of a team: helping to achieve tasks or solve problems as they arise and pitching in to do my part.
What are the challenges of being a judge that the public doesn’t necessarily see? The public see judicial officers sitting in Court. What they don’t necessarily see is the unrelenting pressure that judicial officers face in performing their work: (1) the complexity of the cases that judicial officers deal with day in day out (in the Family Court for example, many cases involve very serious issues which adversely impact on children and their families, such as family violence); (2) the
There is one issue that I have been thinking about recently: I would caution junior family lawyers against aligning themselves too closely with their clients. It’s important to maintain a professional perspective, so that you can give the hard, pragmatic advice that your client may not want to hear (but needs to hear) about the merits of their case or the consequences of maintaining a particular position. Particularly in the family law arena, it’s important not to simply become a part of your client’s “armoury” – including in using the litigation itself as a weapon against the other party. Please seek advice and support from your senior colleagues, if you perceive this is becoming an issue with a particular client.
Reflecting back on your career, are there any life lessons your Honour would like to share with our readers? After nearly 40 years, I’m still not sure that I have found the right balance between career and life. Going into labour with my first child while I was appearing in a trial at the Family Court in 1986 was an early indicator that I didn’t have the balance right! I’ve continued to work on it in the years since. I have always been very fortunate to have great support from my family, my friends and my work colleagues. I value those relationships very much. As much fresh air and physical exercise as I can fit in also helps.
