Men who appeared before the High Court had a 63% chance of being given a speaking role, while women had just 25%. Women barristers were also picked less as lead counsel, with men appearing in the lead role on 58% of appearances versus just 25% for women. The difference is also seen among junior counsels, where men were given 70 chances to speak while women junior counsels were only given five opportunities.

The data comes despite women entrants to the profession now outnumbering men, with 60% of law graduates and 63% of newly admitted lawyers being women.

Unsurprising findings

The results of the study do not appear to be all that surprising to legal bodies. Fiona McLeod SC, Law Council of Australia president, said that numerous studies conducted by the organisation reflect the results of the High Court analysis, despite also finding that in the last three decades, half to sometimes as high as two thirds of law graduates are women.

Will Alstergren QC, Australian Bar Association president, also said that the findings “reflect the ABA’s own research and anecdotal evidence from members about where, when and how frequently women barristers appear in court, who is briefing women, and the areas of practice.”