Judge's Associate - Australia

Australia

In Australia, the position of law clerk is known either as "Associate" (in the High Court of Australia, the Federal Court of Australia and most State Supreme Courts) or "Tipstaff" (in the Supreme Court of New South Wales). The positions usually run for one-year, although they are sometimes extended to two years (this is more common in the Supreme Courts).

The duties of associates and tipstaves can include research, reviewing draft judgments and providing feedback or criticism to the judge, reading and summarising court materials, attending to the judge in court, and also assisting with chambers, administrative or personal tasks. On occasion, some associates and tipstaves are asked to write draft judgments, or parts of judgments. However, these duties can vary between different courts, and also depend on the individual judge.

In the High Court, each of the seven High Court judges has two associates at any given time. Usually, one associate is based permanently in Canberra, the capital of Australia and the seat of the Court, and one travels with the judge when the Court is on circuit to the other capital cities of Australia. The traveling associate in practice is usually based in the judge's home city. Associateships at the High Court are extremely competitive and usually go to the top graduates from the top law schools of Australia. Each judge has his or her own method for interviewing and appointing associates. Previous associates have written that the nature of the associate's role is different from that of a law clerk in the United States.

The judges of the Federal Court and the Supreme Courts of each State (and Territory) have one associate each. These positions are also very competitive.

There are also research positions available at the superior courts in Australia and the High Court. These positions are similarly staffed by recent law graduates and young lawyers.