Shaping family law in Australia

April 2007

Justice Nahum Mushin (BJuris 1967, LLB 1971) was appointed to the Bench of the Family Court in 1990 after practising as a solicitor and a barrister from 1972. Since his appointment as a Family Court judge, he has played a significant role in shaping the Family Law Act and ensuring that diverse cultural communities also have a say.

In his current role as Regional Coordinating Judge (Victoria and Tasmania), he advises on and administers policy across the Court in Victoria and Tasmania. He is also the first Monash University graduate to become a judge of any jurisdiction.

Justice Mushin understands the challenges faced by judges as well as the crucial role the Family Court plays in Australia.

“Judges have an onerous responsibility and one that needs to be taken very seriously,” he said. “Every decision is extremely difficult because it will affect people’s lives, often for the rest of their lives.”

In chairing the Family Court’s Cultural Diversity Committee for the past three years, Justice Mushin has steered one of the Court’s major responsibilities in meeting the needs of culturally diverse communities. The Committee has two roles: to explain the Court’s role in Australia’s legal system to various cultural communities; and to gather feedback from these communities about how the Court can better cater to their needs within the requirements of the law. This philosophy is communicated to communities who have settled in Australia including, most recently, people from the Horn of Africa and Iraq.

“I have a passionate belief in the role of the rule of law in society. Within that, an essential element is establishing equality of access to justice for everyone, no matter what the diversity of their background. That’s why I’m so attracted to the area of cultural diversity,” he said.

Justice Mushin provides some advice to new law graduates unsure of which avenue to take: “Be careful about specialising too early. Have as wide experience of the law as possible until you feel confident about specialising.”

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Prominent alumni: The Honourable Justice Nahum Mushin