Neil, Laura --- "President's page: I am woman" [2018] PrecedentAULA 2; (2018) 144 Precedent 3

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I AM WOMAN

By Laura Neil

Sadly, the position of women in the legal profession is still very much a live issue. But while men and women are treated differently in the workplace, tackling this inequity remains a priority.

Some statistics here are salutary.

In 2015, the Australian Bar Association Statistics^[1] reported that while 23.13 per cent of Australian barristers are female, only 1.52 per cent of the senior bar are women.

The Law Society of NSW 2015 solicitors profile^[2] reported an almost even distribution of male and female practitioners in NSW. However, women are not represented proportionately within the legal profession hierarchy. Of the 24.3 per cent who were principal solicitors, only 12.9 per cent were women. Further, the income of female practitioners was 10 per cent lower than their male counterparts’.

According to the NSW Bar Association Statistics,^[3] female barristers make up 22.25 per cent of the total, with 11.51 per cent being senior counsel. The more senior the rank, the lower the percentage of women: 38 per cent of those qualified less than one year are female; dropping to 24 per cent of those with 11-15 years seniority; to only 1 per cent of barristers who have been practising for over 35 years.

Australian Bureau of Statistics data for 2016^[4] indicated that 35.8 per cent of Commonwealth judges and justices were women. This figure was the same in 2017.^[5] In the High Court, the figure is closer to parity, with 43 per cent (3 out of 7) of our High Court justices being women. In state courts in 2016, the figure was only 23 per cent for judicial officers, rising slightly to 24 per cent in 2017.

A recent study^[6] of High Court appearances in the 2015–16 financial year showed that only 22 per cent of barristers were women. In 51 per cent of cases, no female barrister appeared at all, despite the average number of barristers in each matter being 4.3. As to the actual role played by the barristers, only 42 of 438 speaking roles were undertaken by women.

As for pay, a 2013–14 Australian National University study of average taxable income revealed barristers to have the biggest gender pay gap of all occupations,^[7] with male barristers reporting a massive 184 per cent higher taxable income than women.

The ALA also has room for improvement. In the organisation’s 23-year history, with a new National President elected on an annual basis, I am only the third female National President.

Measures proposed to remedy such inequality include the need for equitable briefing policies and quotas for female appointments. Critics argue that tokenism does nothing to advance gender equality. But bridging the gap through proactive policies seeks simply to provide women with the opportunity to demonstrate not only that they have merit, but are also deserving according to other criteria. Society continues to view it as normal for women to be responsible for children, and abnormal for men. Women are considered ‘lucky’ to have stay-at-home husbands who enable them to minimise the impact of their caring responsibilities. I have never heard a man referred to as ‘lucky’ if he has a stay-at-home wife. The attitude that this is just the natural order of things perpetuates the obstacles for women advancing in the workforce.

Women are typically more reticent to put themselves forward for roles, promotions and salary increases, due to lack of self-confidence and self-worth. As long as we continue to believe that we are not good enough, progress will remain elusive. While it is natural to have some fear of failure, the reality is that many women far exceed their male counterparts when it comes to suitability for positions, and yet fail to apply, and therefore to progress as quickly as our male colleagues. We must believe that we are good enough, and that we do deserve it – whatever ‘it’ is.

Laura Neil is a Barrister at Endeavour Chambers, Cairns. PHONE [phone] EMAIL [e-mail].

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^[1] Australian Bar Association, A Statistical Profile of Australian Barristers (30 June 2015).

^[2] The Law Society of NSW, Gender Statistics (2015).

^[3] NSW Bar Association, Statistics <https://www.nswbar.asn.au/the-bar-association/statistics>.

^[4] Australian Bureau of Statistics, Gender Indicators: Democracy, Governance and Citizenship (31 August 2016).

^[5] Ibid.

^[6] Daniel Reynolds and George Williams, ‘Gender Equality Among Barristers Before the High Court’ (2017) 91 Australian Law Journal 483.

^[7] Jessica Irvine, ‘Australia's top 10 jobs with the biggest gender pay gap revealed’, The Sydney Morning Herald (online), 9 June 2016.