Barrister gender and litigant success in the High Court of Australia

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Abstract

We examine the relationship between gender of the barrister and appeal outcomes on the High Court of Australia. We find that an appellant represented in oral argument by a female barrister, opposed to a respondent represented in oral argument by a male barrister, is less likely to receive a High Court justice s vote. However, we also find that the appellant disadvantage of having a female barrister present oral argument is (partially) offset in the case of liberal justices and on panels having a higher proportion of female justices. The extent to which the disadvantage is offset, and potentially turns from being a disadvantage to an advantage, depends on the degree to which the justice is liberal and the proportion of female justices on the panel.
Original languageEnglish
Pages (from-to)1 - 21
Number of pages21
JournalAustralian Journal of Political Science
Volume49
Issue number1
DOIs
Publication statusPublished - 2014

Cite this

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Barrister gender and litigant success in the High Court of Australia. / Smyth, Russell Leigh; Mishra, Vinod.

In: Australian Journal of Political Science, Vol. 49, No. 1, 2014, p. 1 - 21.

Research output: Contribution to journalArticleResearchpeer-review

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