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Judge invokes streaker’s defence

Her Honour Judge Coulthard was welcomed to the FCFOA on Monday in Brisbane. Photos: Supplied

The newest Judge of the Family Court Amanda Coulthard says she relied on the “streaker’s defence” when choosing law as a career – “it seemed like a good idea at the time”.

Her Honour Judge Coulthard was welcomed by the Federal Circuit and Family Court of Australia (Division 2) in a sitting in Brisbane on Monday and shared her “voyage and the choices” that led her to the appointment.


Judge Coulthard spoke of her voyage to Australia.

“I have, of course, not been on that voyage alone, many have accompanied me and made the voyage possible,” Her Honour told the court.

“I did not know always where I was headed, but I did know what I was seeking – interesting destinations doing worthwhile work in the company of good people.

“My choices have sometimes been less than conventional, and to myself and others not always easily explained. There I rely upon the streaker’s defence – it seemed like a good idea at the time.”

Her Honour then explained her “voyage literally started with a voyage” as a three-year-old heading to Australia on a ship from England as one of the “10-pound Poms” via the Suez Canal. It is one of her earliest memories.

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The ship dropped anchor in Port Said and Her Honour remembers being on deck as it was “hellish hot” and only wearing her mother’s underpants.

“I watching a little boat of local men approach, yelling out in a language I could not understand, but it was clear they were selling small toy camels and other wares to the passengers,” she recalled.

“That memory ties in with the latest port in my voyage – appointment to this court. When the Attorney-General the Honourable Mark Dreyfus KC telephoned me, it was late on a Friday afternoon and I was getting dressed to go out, I was at home.

“I did not recognise the caller’s number and I was not expecting his call. When the Attorney-General told me that he had put my name forward on a list going to Cabinet for appointment to this court, I was standing only in my underpants.

“Perhaps today’s theme should have been ‘Important Moments in My Life Whilst Only Wearing My Underpants’,” she said to much laughter in the courtroom and on the bench.

This tale was in contrast to any earlier quote from The Unbearable Lightness of Being as Her Honour reflected on her life and career choices.

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In a twist of fate and as a “10-pound Pom” along with her parents and brother, Her Honour will fill a newly funded migration position.

“Whatever criticism might now be made of Australia’s then migration policy, we were fortunate to be the beneficiaries of the opportunity that it offered to leave post-war Britain and establish a life in a wonderful country,” she said, going on to pay tribute to her late parents.


Chief Justice Alstergren welcomed the appointment.

“My parents were not educated people but they were good, honest and very hard-working. They used those qualities to provide a solid and a happy life for me and my brother. We were the first in our family to have the benefit of a university education.

“That I sit here today as a judge of this court is as much their achievement as it is mine … I wish they were here to share this moment, their pride in me would have illuminated this room.”

Chief Justice the Honourable Will Alstergren AO said a total of 16 judges had been appointed to the court this year.

“We now have the highest number of judges ever appointed to the court, reflecting the importance of the work this court does across its family law and general federal law jurisdictions,” he said.

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“There is still so much more to go. Your Honour will sit in the court’s Migration and General Law jurisdictions. Migration is the court’s largest caseload after family law.

“Your Honour joins the court at a strong and growing cohort of GFL judges come to Brisbane and will play a crucial role in managing the court’s migration workload in this registry.

“The court is incredibly grateful to have this additional support here.”

Her Honour holds a Bachelor of Laws from the University of Queensland and a Masters of Law from Bond University. She was admitted to practice as a solicitor in 1982, practising as Special Counsel specialising in workplace relations and employment law. In 2010, she was called to the bar, where she practised across workplace relations and employment law. She has also held the position of Associate Professor at the Bond University Faculty of Law.

Queensland Law Society President Rebecca Fogerty, also speaking on behalf of the Law Council of Australia, said “a ceremony such as today cannot be allowed to pass without noting that Your Honour has already left a great legacy by shaping the minds of many current and future lawyers thanks to your distinguished teaching career”.

“As President of the Law Society, it would be remiss of me as well to not acknowledge Your Honour’s active membership of our Industrial Law Committee from 1994 to 2013, and your time as Chair of the Workplace Relations Specialist Accreditation Committee from 2008 until 2010.

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“Your Honour’s ability to get to the heart of an issue and clearly articulate a decision, and the reasons for it, will serve those who come before you well, and your sense of humour, style, and wit will be welcomed by your colleagues.”  

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