Elizabeth Evatt
Encyclopedia
Elizabeth Andreas Evatt, AC
(born 11 November 1933), an emminent Australia
n reformist lawyer
and jurist
who sat on numerous national and international tribunals and commissions, was the first Chief Judge of the Family Court of Australia
, the first female judge of an Australian federal court
, and the first Australian to be elected to the United Nations Human Rights Committee.
Clive Evatt
QC
, and the niece of H.V. Evatt. Educated at the Presbyterian Ladies' College in Pymble, Sydney
, Evatt studied law at The University of Sydney, as the youngest law student ever accepted, and became the first female student to win the University's Medal for Law, graduating in March 1955. Admitted as at barrister
in New South Wales
in 1955, Evatt won a scholarship to Harvard University
where she was awarded a LLM
in 1956 and was admitted to the bar at the Inner Temple
in London
, United Kingdom
. From 1968 to 1973, Evatt worked at the England and Wales Law Commission
under Lord Scarman.
and retained this position until 1989. Between 1974 and 1977, Evatt chaired the Royal Commission on Human Relationships, producing recommendations which ultimately led to the enactment of the Family Law Act 1975
where no-fault divorce
and the single ground of irreconcilable differences evidenced by twelve months separation were introduced into Australian family law
. The Act also established the Family Court of Australia
, and Evatt was appointed as its inaugural Chief Judge holding this position from 1976 until 1988.
In 1988 Evatt was appointed President of the Australian Law Reform Commission
, a position she held until 1993. From 1995 to 1998, she served as a part-time Commissioner of the Australian Human Rights and Equal Opportunity Commission
.
Committee on the Elimination of Discrimination against Women in 1984, Evatt later chaired the Committee, from 1989 to 1991, and remained a member until 1992.
Evatt was the first Australian to be elected to the United Nations Human Rights Committee in 1992, serving as a member from 1993 to 2000. Between 1998 and 2007, Evatt served two consecutive five-year terms as a judge of a tribunal of the World Bank
that determines staffing disputes. Evatt was elected as a Commissioner of the International Committee of Jurists in April 2003.
of the University of Newcastle
, holding this post until 1994.
In 1995 Evatt was commissioned by Senator
Herron
, the Minister for Aboriginal and Torres Strait Islander Affairs, to review the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. Her extensive report, Review of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 ('the Evatt Review') was presented in August 1996 and paved the way for legislative reform to a complex and controversial area of law.
, particularly women's rights. In a 2004 speech to mark the twentieth anniversary of the Sex Discrimination Act 1984
, Evatt critiqued the Act and other laws relating to women's rights in Australia, in terms of its inadequacies in satisfying Australia's obligations under the Convention on the Elimination of All Forms of Discrimination Against Women
. She was also critical of the then Howard
Liberal
government's anti-terrorism legislation
, particularly provisions relating to control order
s and preventive detention
, saying that "These laws are striking at the most fundamental freedoms in our democracy in a most draconian way."
Evatt was a signatory to the Yogyakarta Principles
in November 2006.
on 14 June 1982, in recognition of services to the law, and was granted the status of Companion of the Order of Australia, Australia's highest civil honour, at the Queen's Birthday
honours on 12 June 1995. The latter citation was awarded "in recognition of service to the law, social justice and to the promotion of human rights worldwide, particularly in the areas of equal opportunity and anti-discrimination legislation and practice."
In 1985 an honorary degree of LL.D was conferred on Evatt by The University of Sydney at a special ceremony which celebrated the centenary of the first graduations by women at the University. In 1994, the Flinders University of South Australia conferred the same award on Evatt.
In 2007 the Blue Mountains Community Legal Centre changed its name to the Elizabeth Evatt Community Legal Centre. The Centre provides free legal advice to clients in the surrounding region, and Evatt serves as patron of the Centre. Evatt is a Life Member of the Evatt Foundation, an organisation established as a memorial to her uncle, Dr H. V. Evatt, with the aim of advancing the highest ideals of the labour movement, such as equality, participation, social justice and human rights. Evatt served as Vice-President of the Foundation between 1982 and 1987.
Order of Australia
The Order of Australia is an order of chivalry established on 14 February 1975 by Elizabeth II, Queen of Australia, "for the purpose of according recognition to Australian citizens and other persons for achievement or for meritorious service"...
(born 11 November 1933), an emminent Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n reformist lawyer
Law reform
Law reform or Legal reform is the process of examining existing laws, and advocating and implementing changes in a legal system, usually with the aim of enhancing justice or efficiency....
and jurist
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...
who sat on numerous national and international tribunals and commissions, was the first Chief Judge of the Family Court of Australia
Family Court of Australia
The Family Court of Australia is a superior Australian federal court of record which deals with family law matters. Together with the Federal Magistrates Court, it covers family law matters in all states and territories of Australia except Western Australia...
, the first female judge of an Australian federal court
Australian court hierarchy
There are two streams within the hierarchy of Australian courts, the federal stream and the state and territory stream. While the federal courts and the court systems in each state and territory are separate, the High Court of Australia remains the ultimate court of appeal for the Australian...
, and the first Australian to be elected to the United Nations Human Rights Committee.
Early years and background
Evatt was born in 1933, the daughter of the barristerBarrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
Clive Evatt
Clive Evatt
Clive Evatt QC was an Australian politician, barrister and raconteur. He was a member of the New South Wales Legislative Assembly from 1939 until 1959. At various times he sat as a member of the Industrial Labor Party, ALP and as an independent.-Early life:Evatt was born in Maitland and was the...
QC
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...
, and the niece of H.V. Evatt. Educated at the Presbyterian Ladies' College in Pymble, Sydney
Pymble, New South Wales
Pymble is a suburb on the Upper North Shore of Sydney in the state of New South Wales, Australia. Pymble is located north-west of the Sydney Central Business District in the local government area of Ku-ring-gai Council....
, Evatt studied law at The University of Sydney, as the youngest law student ever accepted, and became the first female student to win the University's Medal for Law, graduating in March 1955. Admitted as at barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
in 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...
in 1955, Evatt won a scholarship to Harvard University
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
where she was awarded a LLM
Master of Laws
The Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
in 1956 and was admitted to the bar at the Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
, United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. From 1968 to 1973, Evatt worked at the England and Wales Law Commission
Law Commission
A Law Commission or Law Reform Commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal changes or restructuring...
under Lord Scarman.
Australia
In December 1972, Evatt was appointed as the first female Deputy President of the Commonwealth Conciliation and Arbitration CommissionAustralian Industrial Relations Commission
The Australian Industrial Relations Commission, or AIRC , was a tribunal with powers under the Workplace Relations Act 1996. It was the central institution of Australian labour law...
and retained this position until 1989. Between 1974 and 1977, Evatt chaired the Royal Commission on Human Relationships, producing recommendations which ultimately led to the enactment of the Family Law Act 1975
Family Law Act 1975
The Australian Family Law Act 1975, sometimes referred to as the FLA by legal practitioners, is an Act of the Australian Parliament. It is one of four separate Acts that provide the framework for family law in Australia...
where no-fault divorce
No-fault divorce
No-fault divorce is a divorce in which the dissolution of a marriage requires neither a showing of wrong-doing of either party nor any evidentiary proceedings at all...
and the single ground of irreconcilable differences evidenced by twelve months separation were introduced into Australian family law
Australian family law
Family Law in Australia is contained in various pieces of legislation, but also includes the common law and laws of equity, which affect the family and the relationship between those people - including when those relationships end....
. The Act also established the Family Court of Australia
Family Court of Australia
The Family Court of Australia is a superior Australian federal court of record which deals with family law matters. Together with the Federal Magistrates Court, it covers family law matters in all states and territories of Australia except Western Australia...
, and Evatt was appointed as its inaugural Chief Judge holding this position from 1976 until 1988.
In 1988 Evatt was appointed President of the Australian Law Reform Commission
Australian Law Reform Commission
The Australian Law Reform Commission is an Australian independent statutory body established to conduct reviews into the law of Australia and advocate options for law reform...
, a position she held until 1993. From 1995 to 1998, she served as a part-time Commissioner of the Australian Human Rights and Equal Opportunity Commission
Human Rights and Equal Opportunity Commission
The Australian Human Rights Commission is a national human rights institution, a statutory body funded by, but operating independently of, the Australian Government. It has the responsibility for investigating alleged infringements under Australia’s anti-discrimination legislation...
.
International
Appointed as a member of the United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Committee on the Elimination of Discrimination against Women in 1984, Evatt later chaired the Committee, from 1989 to 1991, and remained a member until 1992.
Evatt was the first Australian to be elected to the United Nations Human Rights Committee in 1992, serving as a member from 1993 to 2000. Between 1998 and 2007, Evatt served two consecutive five-year terms as a judge of a tribunal of the World Bank
World Bank
The World Bank is an international financial institution that provides loans to developing countries for capital programmes.The World Bank's official goal is the reduction of poverty...
that determines staffing disputes. Evatt was elected as a Commissioner of the International Committee of Jurists in April 2003.
Non-judicial appointments
In 1988 Evatt was made ChancellorChancellor (education)
A chancellor or vice-chancellor is the chief executive of a university. Other titles are sometimes used, such as president or rector....
of the University of Newcastle
University of Newcastle, Australia
The University of Newcastle is an Australian public university that was established in 1965. The University's main and largest campus is located in Callaghan, a suburb of Newcastle in New South Wales...
, holding this post until 1994.
In 1995 Evatt was commissioned by Senator
Australian Senate
The Senate is the upper house of the bicameral Parliament of Australia, the lower house being the House of Representatives. Senators are popularly elected under a system of proportional representation. Senators are elected for a term that is usually six years; after a double dissolution, however,...
Herron
John Herron (Australian politician)
Dr. John Joseph Herron , Australian politician, ambassador and surgeon, was a Liberal member of the Australian Senate from 1 July 1990 to 5 September 2002, representing Queensland. From 2002 to 2006 he was the Australian Ambassador to Ireland and the Holy See.Dr...
, the Minister for Aboriginal and Torres Strait Islander Affairs, to review the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. Her extensive report, Review of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 ('the Evatt Review') was presented in August 1996 and paved the way for legislative reform to a complex and controversial area of law.
Human rights advocate
Evatt has been an outspoken advocate of issues relating to human rights in AustraliaHuman rights in Australia
Human Rights in Australia have largely been developed under Australian Parliamentary democracy, and safeguarded by such institutions as the Australian Human Rights Commission and an independent judiciary and High Court who apply the Common Law, the Australian Constitution and various other laws...
, particularly women's rights. In a 2004 speech to mark the twentieth anniversary of the Sex Discrimination Act 1984
Sex Discrimination Act 1984
The Sex Discrimination Act 1984 is an Act of the Parliament of Australia which prohibits discrimination on the basis of sex, marital status, pregnancy or potential pregnancy in a range of areas of public life...
, Evatt critiqued the Act and other laws relating to women's rights in Australia, in terms of its inadequacies in satisfying Australia's obligations under the Convention on the Elimination of All Forms of Discrimination Against Women
Convention on the Elimination of All Forms of Discrimination Against Women
The Convention on the Elimination of all Forms of Discrimination against Women is an international convention adopted in 1979 by the United Nations General Assembly....
. She was also critical of the then Howard
John Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....
Liberal
Liberal Party of Australia
The Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office...
government's anti-terrorism legislation
Australian Anti-Terrorism Act 2005
The Anti-Terrorism Act 2005 is legislation intended to hamper the activities of any potential terrorists in Australia. It was passed by the Commonwealth Parliament on 6 December 2005.- Chronology :...
, particularly provisions relating to control order
Control order
A control order is an order made by the Home Secretary of the United Kingdom to restrict an individual's liberty for the purpose of "protecting members of the public from a risk of terrorism". Its definition and power were provided by Parliament in the Prevention of Terrorism Act 2005...
s and preventive detention
Preventive detention
Preventive detention is an imprisonment that is not imposed as the punishment for a crime, but in order to prevent a person from committing a crime, if that person is deemed likely to commit a crime....
, saying that "These laws are striking at the most fundamental freedoms in our democracy in a most draconian way."
Evatt was a signatory to the Yogyakarta Principles
Yogyakarta Principles
The Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity is a set of principles relating to sexual orientation and gender identity, intended to apply international human rights law standards to address the abuse of the...
in November 2006.
Awards and honors
Evatt was made an Officer of the Order of AustraliaOrder of Australia
The Order of Australia is an order of chivalry established on 14 February 1975 by Elizabeth II, Queen of Australia, "for the purpose of according recognition to Australian citizens and other persons for achievement or for meritorious service"...
on 14 June 1982, in recognition of services to the law, and was granted the status of Companion of the Order of Australia, Australia's highest civil honour, at the Queen's Birthday
Queen's Official Birthday
The Queen's Official Birthday is the selected day on which the birthday of the monarch of Commonwealth realms is officially celebrated in Commonwealth countries and in Fiji, which is now a republic. It is an invention of the early 20th century...
honours on 12 June 1995. The latter citation was awarded "in recognition of service to the law, social justice and to the promotion of human rights worldwide, particularly in the areas of equal opportunity and anti-discrimination legislation and practice."
In 1985 an honorary degree of LL.D was conferred on Evatt by The University of Sydney at a special ceremony which celebrated the centenary of the first graduations by women at the University. In 1994, the Flinders University of South Australia conferred the same award on Evatt.
In 2007 the Blue Mountains Community Legal Centre changed its name to the Elizabeth Evatt Community Legal Centre. The Centre provides free legal advice to clients in the surrounding region, and Evatt serves as patron of the Centre. Evatt is a Life Member of the Evatt Foundation, an organisation established as a memorial to her uncle, Dr H. V. Evatt, with the aim of advancing the highest ideals of the labour movement, such as equality, participation, social justice and human rights. Evatt served as Vice-President of the Foundation between 1982 and 1987.