Carolyn Simpson (judge)
Encyclopedia
Carolyn Chalmers Simpson (born 30 March 1946) is a judge
of the Supreme Court of New South Wales
. Simpson made legal history in 1999 as one of three women judges who formed the first all-female bench
to sit in an Australian court
.
in the Central West
of New South Wales
, to William George and Janet Bower Chalmers.
She received her education as a boarder
at the Presbyterian Ladies' College, Sydney
at Croydon
, and following matriculation attended Bathurst Teachers College (an antecedent to Charles Sturt University
), graduating in 1965. After five years of teaching, a friend of Simpson's suggested she study law. She graduated from the University of Sydney in 1971.
judge. It was here that Simpson realised her passion for law, stating: "I got hooked."
Simpson was a member of the University of Sydney Law Extension Committee from 1972–76, an Officer of the Department of Youth and Community Services from 1974–76, President of the Society of Labor Lawyers, and President of the Council for Civil Liberties
from 1976 to 1979. She was admitted to the New South Wales bar in 1976 and appointed a Queen's Counsel
in 1989. In 1994, she was appointed a judge of the Supreme Court of New South Wales
.
Simpson made headlines in April 1999, when she and Justices Margaret Beazley
and Virginia Bell
sat in the Court of Criminal Appeal
in Sydney
. The judges threw out an appeal from a convicted computer hacker
who had, out of "sheer maliciousness", been posting offensive messages on Ausnet's homepage. According to the Women Lawyers Association of NSW, there had never been an all-female bench in England
or New Zealand
at the time.
Subsequently, Simpson expressed the view that as more women are appointed judges in the Supreme Court, there will be more benches of three. "Given the opportunity, women achieve and do as well as men", she said.
, a notorious gangland murderer
, to life imprisonment
in 1989.
In 2005, Simpson presided over the much publisised case of Network Ten
v. Jessica Rowe
, claiming the 5pm Ten News
reader had breached her "open-ended" contract by failing to give six months' notice in writing. Simpson dismissed the action and ordered Ten to pay Rowe's court costs, finding the contract was for a closed period of two years and expired at the conclusion of the case.
Further, Simpson set a precedent
in 2007 when she awarded around A$
1 million to a teenager who was bullied at primary school. She concluded the school had "grossly failed" in its duty of care
to Benjamin Cox, who now suffers from a severe psychiatric
condition.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
of the Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
. Simpson made legal history in 1999 as one of three women judges who formed the first all-female bench
Bench (metonymy)
Bench can be used as a metonym for a group of people associated with sitting on particular benches. The words chair, seat and desk can be used in similar ways....
to sit in an Australian court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
.
Early life and education
Simpson was born 30 March 1946, at ForbesForbes, New South Wales
-Notable residents:*Carolyn Simpson - Judge of the Supreme Court of New South Wales; Member of the first all-female bench to sit in an Australian court*NSW Deputy Premier Carmel Tebbutt was born and raised in Forbes....
in the Central West
Central West, New South Wales
The Central West region refers to the area west of the Blue Mountains, New South Wales, Australia. It has an area of 63,262 square kilometers....
of New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, to William George and Janet Bower Chalmers.
She received her education as a boarder
Boarding school
A boarding school is a school where some or all pupils study and live during the school year with their fellow students and possibly teachers and/or administrators. The word 'boarding' is used in the sense of "bed and board," i.e., lodging and meals...
at the Presbyterian Ladies' College, Sydney
Presbyterian Ladies' College, Sydney
The Presbyterian Ladies' College, Sydney is an independent, Presbyterian, day and boarding school for girls in Croydon, an inner-western suburb of Sydney, Australia...
at Croydon
Croydon, New South Wales
Croydon is an affluent suburb in the inner-west of Sydney, in the state of New South Wales, Australia. Croydon is located 11 kilometres west of the Sydney central business district. Croydon is split between the two local government areas of Burwood Council and the Municipality of Ashfield.The...
, and following matriculation attended Bathurst Teachers College (an antecedent to Charles Sturt University
Charles Sturt University
Charles Sturt University is an Australian multi-campus university located in New South Wales, Victoria, and the Australian Capital Territory. It has campuses at Bathurst, Canberra, Albury-Wodonga, Dubbo, Goulburn, Orange, Wagga Wagga and Burlington, Ontario...
), graduating in 1965. After five years of teaching, a friend of Simpson's suggested she study law. She graduated from the University of Sydney in 1971.
Career
Simpson served as an associate to a District CourtDistrict Court of New South Wales
The District Court of New South Wales has jurisdiction to hear most indictable offences . It hears appeals from the Local Court and civil claims up to A$750 000. In some circumstances the amount may be higher, e.g. with the consent of the parties or in motor accident claims etc...
judge. It was here that Simpson realised her passion for law, stating: "I got hooked."
Simpson was a member of the University of Sydney Law Extension Committee from 1972–76, an Officer of the Department of Youth and Community Services from 1974–76, President of the Society of Labor Lawyers, and President of the Council for Civil Liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
from 1976 to 1979. She was admitted to the New South Wales bar in 1976 and appointed a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1989. In 1994, she was appointed a judge of the Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
.
Simpson made headlines in April 1999, when she and Justices Margaret Beazley
Margaret Beazley
Margaret Joan Beazley AO is a judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy.-Career:...
and Virginia Bell
Virginia Bell
Virginia "Ding Dong" Bell is a topless model and actress. She started her career in the 1950s as a burlesque dancer....
sat in the Court of Criminal Appeal
Court of Criminal Appeal
The Court of Criminal Appeal is the name of existing courts of Scotland and Ireland, and an historic court in England and Wales.- Ireland :See Court of Criminal Appeal ...
in Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
. The judges threw out an appeal from a convicted computer hacker
Hacker (computer security)
In computer security and everyday language, a hacker is someone who breaks into computers and computer networks. Hackers may be motivated by a multitude of reasons, including profit, protest, or because of the challenge...
who had, out of "sheer maliciousness", been posting offensive messages on Ausnet's homepage. According to the Women Lawyers Association of NSW, there had never been an all-female bench in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
or New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
at the time.
Subsequently, Simpson expressed the view that as more women are appointed judges in the Supreme Court, there will be more benches of three. "Given the opportunity, women achieve and do as well as men", she said.
Notable decisions
Justice Simpson has presided over a number of high profile cases. She was the judge responsible for sentencing Neddy SmithNeddy Smith
Arthur Stanley "Neddy" Smith is an Australian criminal who has been convicted of rape, armed robbery and murder.Smith has been serving a life sentence since 1989 and is presently imprisoned in Long Bay Correctional Centre after being moved from Lithgow Correctional Centre in New South Wales,...
, a notorious gangland murderer
Gangland killing
A gangland killing is a murder carried out by organized criminals. According to FBI Uniform Crime Reports, there were 425 gangland killings from 2000 to 2004, 0.6% of all murders committed in the United States during that time...
, to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
in 1989.
In 2005, Simpson presided over the much publisised case of Network Ten
Network Ten
Network Ten , is one of Australia's three major commercial television networks. Owned-and-operated stations can be found in Sydney, Melbourne, Brisbane, Adelaide and Perth, while affiliates extend the network to cover most of the country...
v. Jessica Rowe
Jessica Rowe
Jessica Rowe is an Australian television news presenter. Rowe attended Sydney Girls High School in Sydney, and completed a Communications degree at Charles Sturt University in Bathurst. During her studies she was a broadcaster with on-campus community radio station 2MCE-FM...
, claiming the 5pm Ten News
Ten News
Ten News is the national news service of Network Ten in Australia. The majority of its news bulletins are presented from the TEN-10 studios in Pyrmont...
reader had breached her "open-ended" contract by failing to give six months' notice in writing. Simpson dismissed the action and ordered Ten to pay Rowe's court costs, finding the contract was for a closed period of two years and expired at the conclusion of the case.
Further, Simpson set a precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
in 2007 when she awarded around A$
Australian dollar
The Australian dollar is the currency of the Commonwealth of Australia, including Christmas Island, Cocos Islands, and Norfolk Island, as well as the independent Pacific Island states of Kiribati, Nauru and Tuvalu...
1 million to a teenager who was bullied at primary school. She concluded the school had "grossly failed" in its duty of care
Duty of care
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant...
to Benjamin Cox, who now suffers from a severe psychiatric
Psychiatry
Psychiatry is the medical specialty devoted to the study and treatment of mental disorders. These mental disorders include various affective, behavioural, cognitive and perceptual abnormalities...
condition.