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| Margaret McMurdo | |
|---|---|
| Name | Margaret McMurdo |
| Birth date | 1954 |
| Birth place | Cairns, Queensland, Australia |
| Nationality | Australian |
| Occupation | Judge |
| Known for | President of the Queensland Court of Appeal |
Margaret McMurdo is an Australian jurist who served as President of the Queensland Court of Appeal from 1998 to 2017. She was the first woman to hold that position in Queensland and one of the most senior women in the Australian judiciary, known for contributions to appellate practice, criminal law, administrative law and tribunal reform. Her career spans roles in trial advocacy, appellate adjudication, public inquiries and judicial administration across Queensland, New South Wales and national bodies.
Born in Cairns, Queensland, McMurdo grew up in regional Queensland and attended secondary school before undertaking tertiary studies. She completed legal studies at the University of Queensland and was admitted to practice in the mid-1970s, entering the profession at a time when the representation of women in the High Court of Australia bar and bench remained limited. Early influences included exposure to litigators and academics associated with the Bar Association of Queensland and the Queensland Law Society.
McMurdo began practice as a solicitor and later took silk, progressing from private practice to the bench. She practised in matters involving appellate advocacy before courts such as the Supreme Court of Queensland and appeared in proceedings touching on statutes administered by the Attorney-General of Queensland and agencies like the Crime and Misconduct Commission. Her judicial appointments included elevation to the Supreme Court of Queensland and subsequent appointment as President of the Queensland Court of Appeal. She engaged with national judicial organisations including the Council of Chief Justices and participated in conferences hosted by the Judicial Conference of Australia.
As President, McMurdo oversaw appellate panels dealing with civil and criminal matters from tribunals and lower courts including the District Court of Queensland and the Magistrates Court of Queensland. Her tenure coincided with reforms driven by state governments such as the Beattie Ministry and the Bligh Ministry, and she worked with court administrators and registrars to manage caseloads influenced by statutory changes like amendments to the Criminal Code Act 1899 (Qld) and reforms to tribunal structures under the Queensland Civil and Administrative Tribunal. She contributed to jurisprudential leadership alongside other appellate figures from jurisdictions including the New South Wales Court of Appeal, the Victorian Court of Appeal, and the Federal Court of Australia.
McMurdo authored and participated in decisions that shaped areas of law including sentencing, administrative review, statutory interpretation and professional discipline. Her judgments interacted with precedents from the High Court of Australia and persuasive authority from appellate courts such as the Court of Appeal of England and Wales and the Supreme Court of Canada. Cases under her purview addressed questions involving tribunals like the Administrative Appeals Tribunal, statutory rights under the Human Rights Act 2019 (Queensland), and appellate principles found in authorities like Donoghue v Stevenson-era negligence doctrine. Her reasoning has been cited in subsequent appeals in jurisdictions such as New Zealand, Western Australia, and the Northern Territory.
Beyond adjudication, McMurdo chaired committees and inquiries advising on court administration, professional standards and access to justice, liaising with institutions such as the Law Council of Australia, the Australian Law Reform Commission, and university law schools at the University of Queensland and the Australian National University. She advocated for initiatives related to indigenous legal access involving stakeholders such as the Aboriginal and Torres Strait Islander Commission and worked with correctional and forensic agencies including the Queensland Corrective Services and forensic units associated with the Queensland Police Service. Her public service extended to roles on advisory boards, reform panels and education programs supported by the Commonwealth Attorney-General's Department and state ministries.
Throughout her career McMurdo faced scrutiny common to senior judicial figures, including debate over judicial appointments, administrative decisions affecting tribunal jurisdiction, and commentary in media outlets such as the Courier-Mail and national broadcasters including the Australian Broadcasting Corporation. Critics raised issues connected to sentencing outcomes, case management, and the balance between judicial independence and accountability exercised by bodies like the Parliament of Queensland and oversight entities analogous to the Judicial Commission proposals. Supporters pointed to peer recognition from the Australasian Institute of Judicial Administration and endorsements from colleagues in appellate benches.
McMurdo's personal life includes engagement with legal education and community organisations; she has been associated with mentorship initiatives and alumni activities at the University of Queensland and professional programs run by the Bar Association of Queensland. Her honours and awards include recognition from state honours lists and professional legal associations, reflecting contributions acknowledged by entities such as the Order of Australia honours system and the Australian Honours Secretariat. She retired from the presidency in 2017 and has been involved in post-retirement activities including tribunals, panels and speaking engagements with institutions like the Australian Institute of Criminology and law faculties.
Category:Australian judges Category:Living people Category:People from Cairns