High Court Demographics

A new judge, Susan Crennan aged 60, has been named today to join the Australian High Court when existing judge Michael McHugh reaches the constitutional compulsory retirement age of 70 in November 2005. This age was introduced by Constitutional change referendum in 1977. In retrospect it is strange that an age limit was introduced just as life expectancy is increasing. In 1977 the average age of the High Court judges was 63, which was 90th percentile of population ages. In 2005 the 90th percentile of population ages is 68 but the average age of High Court judges will be 64.7 when Justice Crennan replaces Justice McHugh.

The average age of High Court judges was 54.7 when it commenced in 1903. It has oscillated up to age 70 by 1928, down to 55 in 1936 and back up to 68 in 1972 and then hovering around age 60 for the 1970's, 80's and 90's. The oldest judge was Sir George Rich who was 87 at the end of his 37 years on the High Court in 1956, while the youngest was H V Evatt at 36 when he joined in 1930. The average age of the High Court is now on track to bump around mid to high 60's with all judges now 60 and over and having to retire by age 70. Population projections show that with continued mortality improvement and declining fertility, the 90th percentile of population ages will be 78.5 in 2050. Maybe we will need another constitutional change by then to increase the maximum age.

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