| 词条 | Monika Schmidt |
| 释义 |
| honorific-prefix = The Honourable Justice | name = Monika Schmidt | honorific-suffix = | nickname = | image = | caption = | order = | office = Judge of the Industrial Court of NSW | term_start = 16 June 1993 | term_end = 26 July 2009 | appointer = | nominator = | predecessor = | office2 = Judge of the Supreme Court of NSW | nominator2 = | appointer2 = | term_start2 = 27 July 2009 | term_end2 = | predecessor2 = | successor2 = | occupation = Judge, Lawyer, | alma_mater = | birth_name = | birth_date = {{Birth based on age as of date |32 |1993|6|16}} | birth_place = | spouse = | children = | nationality = Australian }}Monika Schmidt is a judge of the Supreme Court of New South Wales, appointed to the Common Law Division, having previously been a judge of the Industrial Court of New South Wales for 16 years. CareerSchmidt was a partner at Minter Ellison, a firm of solicitors, specialising in industrial and employment law, including lecturing at the University of Sydney. Industrial Court of NSWSchmidt was appointed as a judge of the Industrial Court of New South Wales in 1993, aged 32.[3] The Industrial Court of NSW had the equivalent status of the Supreme Court of NSW.[4] Schmidt was involved with the Judicial Commission of New South Wales, in 1996 becoming a member of the advisory committee on judicial education and as a member of the Conduct Division dealing with complaints about judicial officers.[5] In 1998 Schmidt was received a dual appointment as a Deputy President of the Australian Industrial Relations Commission. Schmidt joined Justice Leone Glynn in a dissenting judgement on an important question of the jurisdiction of the Court,[7] a dissent that was subsequently approved by the NSW Court of Appeal.[8] Supreme Court of NSWSchmidt was appointed as an acting judge of the Supreme Court of NSW, sitting for four months in 2009 before being permanently appointed to the Common Law Division from 27 July 2009.[5] In 2013 Schmidt delivered a judgment in the NSW Court of Criminal Appeal which was scathing of the remarks on sentence by District Court judge Garry Neilson, who had found that the seriousness of an incest offence was reduced "because there had been no ejaculation involved ... and because there was no rough handling involved" describing the remarks as having no foundation and not the subject of any evidence,[10] one of a number of judgments that resulted in the suspension of Judge Neilson from criminal trials.[11] In 2014 Schmidt rejected an application that she refer a case to a male judge, because as a female judge, she was suspected of being a feminist with leftist leanings. Schmidt noted that a judge was obligated under their oath of office obliged to determine issues impartially regardless of their personal views.[12][13] References1. ^1 2 {{cite web|url=http://www.austlii.edu.au/au/journals/NSWBarAssocNews/2009/68.pdf |title=The Hon Justice Monika Schmidt}} (2009 Summer) Bar News: Journal of the NSW Bar Association 89. [1][2][3][4][5][6][7][8][9]2. ^1 {{cite AustLII|NSWCCA|61|2013|litigants=Dawson v R |courtname=Court of Criminal Appeal (NSW)}}. 3. ^1 {{cite web |url=http://www.irc.justice.nsw.gov.au/Documents/Pubn_Annual_Rpt_1993.pdf |publisher=Industrial Relations Commission of NSW |title=Annual Report |year=1993 |access-date=9 November 2017}} 4. ^1 {{cite AustLII|NSWSC|1378|2014|litigants=Attorney General (NSW) v Mahmoud |courtname=Supreme Court (NSW)}}. 5. ^1 {{cite news |url=http://www.dailytelegraph.com.au/news/nsw/judge-garry-neilson-suspended-until-nsw-judicial-commission-determination-over-comments-comparing-homosexuality-to-incest/news-story/6cff9312e821be36dca05fad513fd7bf |title=Judge Garry Neilson suspended until NSW Judicial Commission determination over comments comparing homosexuality to incest |author1=Fife-Yeomans, J |author2=Godfrey, M |date=11 July 2014 |website=dailytelegraph.com.au |access-date=9 November 2017}} 6. ^1 {{cite Legislation AU|NSW|act|ca1902188|Constitution Act 1902|52}} Definition and application. 7. ^1 {{cite AustLII|NSWIRComm|143|2000|litigants=Reich v Client Server Professionals of Australia Pty Ltd |parallelcite=(2000) 49 NSWLR 551 |courtname=Industrial Relations Commission (NSW)}}. 8. ^1 {{cite news |url=http://www.smh.com.au/nsw/female-judge-asked-to-disqualify-herself-due-to-suspected-feminist-and-leftist-views-20141012-114vrj.html |title=Female judge asked to disqualify herself due to suspected 'feminist' and 'leftist' views |author1=Whitbourn, M |date=12 October 2014 |website=smh.com.au |access-date=9 November 2017}} 9. ^1 {{cite AustLII|NSWCA|438|2004|litigants=Sydney Water Corporation Ltd v IRC of NSW |parallelcite=(2004) 61 NSWLR 661 |courtname=Court of Appeal (NSW)}}. }}{{authority control}}{{DEFAULTSORT:Schmidt, Monika}} 5 : Judges of the Supreme Court of New South Wales|Year of birth uncertain|Living people|Australian women judges|Year of birth missing (living people) |
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