Professor Gabrielle Appleby

PhD, University of Adelaide, 2012

LLM, University of Melbourne, 2009

LLB, University of Queensland, 2005

Dr Gabrielle Appleby is a Professor at the Law Faculty of University of New South Wales (Sydney) and the Associate Dean (International & External Engagement) for the Faculty. She researches and teaches in public law, with her areas of expertise including the role, powers and accountability of the Executive; the role of government lawyers; and the integrity of the judicial branch. She is the Co-Director of The Judiciary Project at the Gilbert + Tobin Centre of Public Law and was the founding editor of Australia’s national public law blog, AUSPUBLAW. In 2015-2018, she was a Chief Investigator on the ARC Discovery Project, Law, Order and Federalism, looking at the effects of the High Court’s chapter III jurisprudence on State government law and order policy development. In 2016-2017, she worked as a pro bono constitutional adviser to the Regional Dialogues and the First Nations Constitutional Convention that led to the Uluru Statement from the Heart. She is the constitutional consultant to the Clerk of the Australian House of Representatives. Her books include Australian Public Law (3rd ed, Oxford University Press, 2018), The Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest (Hart Publishing, 2016); and The Tim Carmody Affair (NewSouth Publishing, 2016). Gabrielle has also spent time working for the Queensland Crown Solicitor and the Victorian Government Solicitor’s Office.

Profile Picture
Book Chapters

Appleby G;Webster A, 2019, 'Federalism, public interest advocacy and marriage equality in Australia', in Boughey J;Groves M;Meagher D (ed.), Legal Protection of Human Rights in Australia, Hart Publishing

Appleby G, 2018, 'Unwritten Rules', in Oxford Handbook of the Australian Constitution, Oxford University Press, Oxford,

Appleby G;Brennan S;Lynch A, 2018, 'Keep Calm and Carry On: Why the Increasing Automation of Legal Services Should Deepen and Not Diminish Legal Education', in Lindgren K;Kunc F;Coper M (ed.), The Future of Australian Legal Education, Thomson Reuters, Sydney, pp. 389 - 399,

Appleby G;Dixon R, 2018, 'Constitutional Implications in Australia', in Dixon R;Stone A (ed.), The Invisible Constitution in Comparative Perspective, edn. Comparative Constitutional Law and Policy, Cambridge University Press, Cambridge, pp. 343 - 375,

Appleby G;Lim B, 2018, 'Democratic Experimentalism', in Dixon R (ed.), Australian Constitutional Values, Hart Publishing, pp. 221 - 242,

Appleby G;Olijnyk A, 2018, 'Constitutional Deliberation in the Legislative Process', in Levy R;Orr G (ed.), The Cambridge Handbook of Deliberative Constitutionalism, Cambridge University Press, pp. 88 - 100,

Appleby G;Delaney E, 2017, 'Judicial Systems in Federal Systems', in Max Planck Encylopedia of Comparative Constitutional Law, Max Plank Foundation for International Peace and Rule of Law + Oxford University Press,

Appleby G;Olijnyk A, 2017, 'Constitutional Dimensions of Law Reform', in Levy R;O'Brien M;Rice S;Ridge P;Thornton M (ed.), New Directions for Law in Australia: Essays in Contemporary Law Reform, Australian National University Press, pp. 387 - 396

Appleby G;Roberts H, 2016, 'He Who Would Not Be Muzzled: Justice Heydon's Last Dissent in Monis v The Queen (2013)', in Lynch A (ed.), GREAT AUSTRALIAN DISSENTS, CAMBRIDGE UNIV PRESS, Univ New S Wales, Sydney, AUSTRALIA, pp. 335 - 354,

Appleby G;dixon R, 2016, 'Critical Thinking in Constitutional Law and Monis v The Queen', in appleby G;dixon R (ed.), The Critical Judgments Project: Rereading Monis v The Queen, pp. 1 - 1

Appleby G;LeMire S, 2016, 'The Australian Judiciary: Resistant to Reform', in Devlin R;Dodek A (ed.), Regulating Judges: Beyond Independence and Accountability, Edward Elgar,

Appleby G;Roberts H, 2016, 'Law and Literature: Analysing Style in Judgment Writing', in Appleby G;Dixon R (ed.), The Critical Judgments Project: Rereading Monis v The Queen, Federation Press, Annandale, pp. 28 - 28,

Appleby G, 2016, 'Institutional Costs of Judicial Independence', in Ananian-Welsh R;Crowe J (ed.), Judicial Independence in Australia: Contemporary Challenges, Future Directions, Federation Press

Blackshield T, 2015, 'The isaacs court', in The High Court, the Constitution and Australian Politics, pp. 116 - 140,

Appleby G, 2015, 'Protecting procedural fairness and criminal intelligence: Is there a balance to be struck?', in Secrecy, Law and Society, Routledge, pp. 75 - 98

Appleby G;Williams JM, 2014, 'Introduction: Public sentinels', in Public Sentinels: A Comparative Study of Australian Solicitors-General, pp. 1 - 20

Appleby G, 2014, 'The challenges of providing legal services to government', in Public Sentinels: A Comparative Study of Australian Solicitors-General, pp. 141 - 168

Appleby G, 2013, 'Law and Order', in Spoehr J (ed.), State of South Australia: Turbulent Times, Wakefield Press, Adelaide

Appleby G;Aroney N;John T, 2012, 'Australian federalism: Past, present and future tense', in The Future of Australian Federalism: Comparative and Interdisciplinary Perspectives, pp. 1 - 24,

Appleby G;Williams J, 2010, 'The anti-terror creep: Law and order, the states and the high court of Australia', in Counter-Terrorism and Beyond: The Culture of Law and Justice After 9/11, pp. 150 - 169,


Appleby G;Olijnyk A;Stellios J;Williams J, 2019, Judicial Federalism in Australia: History, Theory, Doctrine and Practice, Federation Press

Appleby G;Reilly A;Grenfell L, 2018, Australian Public Law, 3rd, Oxford University Press

Appleby G, 2016, Role of the Solicitor-General Negotiating Law, Politics and the Public Interest, Hart Publishing

Appleby G;Lynch A;Ananian-Welsh R, 2016, The Tim Carmody Affair: Australia's Greatest Judicial Crisis, NewSouth Publishing, Sydney

Bannister J;Appleby G;Olijnyk A;Howe J, 2014, Government Accountability, Cambridge University Press

Conference Presentations

Lynch A;Appleby G;Brennan S, 2017, 'Keep Calm and Carry On: Why the Increasing Automation of Legal Services Should Deepen and Not Diminish Legal Education', presented at The Future of Legal Education Conference, Australian Academy of Law, Sydney, 11 - 13 August 2017

Edited Books

Appleby G;Dixon R, (eds.), 2016, The Critical Judgments Project: Rereading Monis v The Queen, Federation Press, Annandale,

APPLEBY G, (ed.), 2014, Public sentinels: A comparative study of Australian solicitors-general

Appleby G;Aroney N;John T, (eds.), 2012, The future of Australian federalism: Comparative and interdisciplinary perspectives,

Journal articles

Appleby G;Le Mire S, 2019, 'Ethical Infrastructure for a Modern Judiciary', Federal Law Review

Appleby G;Davis M, 2018, 'The uluru statement and the promises of truth', Australian Historical Studies, vol. 49, pp. 501 - 509,

Appleby G;Blackham A, 2018, 'The shadow of the court: The growing imperative to reform ethical regulation of former judges', International and Comparative Law Quarterly, vol. 67, pp. 505 - 546,

Olijnyk A;Appleby G, 2018, 'Constitutional influences on state and territory lawmaking: An empirical analysis', Federal Law Review, vol. 46, pp. 231 - 258,

Appleby G, 2018, 'Self-imagery and self-deception', Griffith Review, vol. 61, pp. 97 - 106,

Appleby G;Le Mire S;Lynch A;Opeskin B, 2018, 'Contemporary Challenges Facing the Australian Judiciary: An Empirical Interruption', Melbourne University Law Review, vol. 42(2), pp. forth - coming,


Appleby G;Dixon R, 2018, 'Extending the critical re-reading project', Notre Dame Law Review Online, vol. 94


Appleby G, 2017, 'Horizontal accountability: the rights-protective promise and fragility of executive integrity institutions', Australian Journal of Human Rights, vol. 23, pp. 168 - 187,

Appleby G, 2017, 'Justice Ginsburg, president Trump, and the need for judicial disqualification reform', Legal Ethics, vol. 20, pp. 125 - 130,

Appleby G;McDonald S, 2017, 'Pride and prejudice: A case for reform of judicial recusal procedure', Legal Ethics, vol. 20, pp. 89 - 114,

Appleby G, 2017, 'The Law Officers of the Commonwealth', Public Law Review, vol. 28, pp. 97 - 97

Appleby G;Reilly A, 2017, 'Unveiling the public interest: The parameters of executive discretion in Australian migration legislation', Public Law Review, vol. 28, pp. 293 - 293

Appleby G;Hoole G, 2017, 'Integrity of Purpose: A Legal Process Approach to Designing a Federal Anti-Corruption Commission', Adelaide Law Review, vol. 38, pp. 396 - 396

Appleby G;Webster A, 2016, 'CYCLING AND THE LAW', UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL, vol. 39, pp. 129 - 164,

Appleby G, 2016, 'Reform of the Attorney-General: Comparing Britain and Australia', Public Law: the constitutional and administrative law of the commonwealth, pp. 573 - 594

Appleby G;Webster A, 2016, 'Executive Power under the Constitution: A Presidential and Parliamentary System Compared', University of Colorado Law Review, vol. 87, pp. 101 - 101,

Appleby G;Olijnyk A, 2015, 'The impact of uncertain constitutional norms on government policy: Tribunal design after Kirk', PUBLIC LAW REVIEW, vol. 26, pp. 91 - 110,

Appleby G, 2015, 'THE 2014 COUNTER-TERRORISM REFORMS IN REVIEW', PUBLIC LAW REVIEW, vol. 26, pp. 4 - 11,

Appleby G;LeMire S, 2015, '‘Australia: A Spotlight on Judicial Regulation’', Legal Ethics, vol. 17, pp. 299 - 299

Appleby G;Howe J, 2015, 'Scrutinising parliament's scrutiny of delegated legislative power', Oxford University Commonwealth Law Journal, vol. 15, pp. 3 - 40,

Appleby G, 2015, 'Functionalism in constitutional interpretation: Factual and participatory challenges: Commentary on Dixon', Federal Law Review, vol. 43, pp. 493 - 504,;dn=795520204847661;res=IELHSS

Appleby G, 2015, 'Constitutionalising an Indigenous Voice in Australian Law-making: Some institutional Design Challenges', Australian Indigenous Law Review, vol. 18,;dn=886933561840390;res=IELAPA

Appleby G, 2015, 'An indigenous Advisory Body: Some Questions of Design', Indigenous Law Bulletin, vol. 19, pp. 3 - 5,;dn=20153512;res=AGISPT

Appleby G, 2015, 'Challenging the Orthodoxy: Giving the Court a Role in Scrutiny of Delegated Legislation', Parliamentary Affairs, vol. online, pp. 1 - 17,

Appleby G;McDonald S, 2015, 'Disqualification of judges and pre-judicial advice', Federal Law Review, vol. 43, pp. 201 - 223

Appleby G;Naffine N, 2015, 'Civility, gender and the law: critical reflections on the judgments in Monis v The Queen', Griffith Law Review, vol. 24, pp. 616 - 639,

Appleby G;Burdon P;La Forgia R;McIntyre J;Naffine N, 2014, 'Reflecting on Hannah Arendt and Eichmann in Jerusalem: A Report on the Banality of Evil', Adelaide Law Review, vol. 35, pp. 427 - 447

Mire SL;Appleby G;Rankin MB;Roussy A;Webley L, 2014, 'A Spotlight on Judicial Regulation in Australia', Legal Ethics, vol. 17, pp. 299 - 312,

Appleby G, 2014, 'The Government as Litigant', University of New South Wales Law Journal, vol. 37, pp. 94 - 94

Appleby G;Le Mire S, 2014, 'Judicial conduct: Crafting a system that enhances institutional integrity', Melbourne University Law Review, vol. 38, pp. 1 - 67

Reilly A;Appleby G;Laforgia R, 2014, '‘To watch, to never look away’: The public’s responsibility for Australia’s offshore processing of asylum seekers', Alternative Law Journal, vol. 39, pp. 163 - 166,

Appleby G, 2014, 'The High Court and Kable: A Study in Federalism and Rights Protection', Monash University Law Review, vol. 40, pp. 673 - 697

Appleby G;McDonald S, 2013, 'Looking at the Executive Power through the High Court's New Spectacles', The Sydney Law Review, vol. 35, pp. 253 - 253

Appleby G;Burdon P;Reilly A, 2013, 'Critical Thinking in Legal Education', Legal Education Review, vol. 23, pp. 345 - 345

Appleby G;Webster A, 2013, 'Parliament's role in constitutional interpretation', Melbourne University Law Review, vol. 37, pp. 255 - 296

Appleby G, 2012, 'The Evolution of a Public Sentinel: Australia's Solicitor-General', Northern Ireland Legal Quarterly, vol. 63, pp. 397 - 397

Appleby G;williams JM, 2012, 'A new coat of paint: Law and order and the refurbishment of Kable', Federal Law Review, vol. 40, pp. 1 - 1

Appleby G, 2012, 'Imperfection and Inconvenience: Boilermakers' and the Separation of Judicial Power in Australia', University of Queensland Law Journal, vol. 30, pp. 265 - 265

Appleby G;stubbs M, 2012, 'The Royal Commission into Institutional Responses to Child Sexual Abuse: Safely in Judicial Hands?', Public Law Review, vol. 24, pp. 81 - 81

Appleby G;McDonald S, 2011, 'The Ramifications of Pape v Federal Commissioner of Taxation for the Spending Power and Legislative Powers of the Commonwealth', Monash University Law Review, vol. 37, pp. 162 - 162

Appleby G;Then S-N, 2010, 'Tissue Transplantation from Children: Difficulties in Navigating State and Federal Systems', University of New South Wales Law Journal, vol. 33, pp. 305 - 336

Appleby G;Williams J, 2009, 'A Tale of Two Clerks: When are Appropriations Appropriate in the Senate?', Public Law Review, vol. 20, pp. 194 - 213

Appleby G, 2009, 'There Must be Limits: The Commonwealth Spending Power', Federal Law Review, vol. 37, pp. 93 - 132

Appleby G, 2007, 'Proportionality and Federalism: Can Australia Learn from the European Community, the US and Canada', University of Tasmania Law Review, vol. 26, pp. 1 - 33


Appleby G;Higgins C, 2015, How much power is too much when dealing with asylum seekers?,


Hoole GR;Appleby G, 2016, What should a federal ICAC look like? The hypothetical long arm


Appleby G;Le Mire S;Lynch A;Opeskin B, 2017, Temporary Judicial Officers in Australia, Judicial Conference of Australia,

Appleby G;Le Mire S;Lynch A;Opeskin B, 2017, Temporary Judicial Officers in Australia: A Report for the Judicial Conference of Australia

Appleby G;Blackham A, 2016, Submission to the Standing Committee on the Model Code of Professional Conduct Federation of Law Societies of Canada, ‘Post-Judicial Return to Practice Discussion Paper'

Appleby G, 2016, Submission to the Senate Legal and Constitutional Affairs References Committee regarding Nature and scope of the consultations prior to the making of the Legal Services Amendment (Solicitor-General Op

Appleby G;dixon R;brennan S;mckinnon G, 2016, Submission to the Parliamentary Joint Committee on Human Rights, ‘Free speech inquiry’

Hoole GR;Appleby G;Brennan S;Chordia S, 2016, Submission to the Senate Select Committee on the Establishment of a National Integrity Commission

Appleby G, 2016, Review of the Limited Merits Review Regime under the National Energy Law and National Gas Law: Report for Public Interest Advocacy Centre (October 2016)

McAdam J;Appleby G;Higgins C, 2015, Migration Amendment (Maintaining the Good Order of Immigration Detention Facilities) Bill 2015, Kaldor Centre for International Refugee Law; Gilbert + Tobin Centre of Public Law, UNSW, Sydney,

Appleby G;Lynch A, 2015, Submission to the Judicial Appointment Review, Queensland Government, December 2015

Appleby G, 2015, Accountability in the National Energy Market: Report for the Public Interest Advocacy Centre, Public Interest Advocacy Centre

Appleby G;Leadbeter P;Turnbull D;Williams JM, 2014, Survey on Attitudes to Corruption, Misconduct and Maladministration in South Australia: Report, Local Government Association of South Australia



Australian Academy of Law


Highly Commended, Academic of the Year

NSW Women Lawyers Assn


Shortlisted, History Prize for The Tim Carmody Affair: Australia’s greatest judicial crisis


Queensland Literary Awards


Shortlisted, Zines Prize for best law review article

Federal Law Review


Dean’s Commendation for Excellence in Research

University of Adelaide


University Medal (PhD)

University of Adelaide


Dean’s Commendation for Doctoral Thesis Excellence


University of Adelaide


Bonython Prize for best original thesis


Law School

University of Adelaide


Australian Postgraduate Award (PhD)

Commonwealth Government

University of Adelaide



Zelling-Gray Scholarship (PhD)

Law School

University of Adelaide



Betty Patterson Commemorative Award (to undertake LLM at the University of Melbourne)


Australian Federation of University Women (Queensland Branch) Fellowship


UNSW Research Infrastructure Fund


Edited Collections (Law): Metadata Repository & Research Metrics Scoping Study


$122, 452

Gabrielle Appleby (Project Leader)

Simone Degeling, Philip Chung, Kathy Bowrey


Australian Research Council

Law, Order and Federalism

DP 140101218


James Stellios (ANU)

John Williams (UA)

Gabrielle Appleby (UA)




Australian Research Council and 15 partner universities

The Australasian legal history libraries stage II






Lead Chief Investigator: Graham Greenleaf (UNSW)

Personnel from 15 Universities, including:

Gabrielle Appleby (UA)

Constitutional law
Independence of courts
High Court
Government accountability
Government lawyers
Organised crime
National security



22 Oct 2018
UNSW Law climbs to 23rd in latest THE World Subject Rankings
UNSW Law is ranked the first law school in NSW and second in Australia in the Times Higher Education (THE) World Subject Rankings 2019.
30 Oct 2017
The High Court sticks to the letter of the law on the ‘citizenship seven’
OPINION: Associate Professor Gabrielle Appleby, The Conversation, 27 October 2017.
27 Oct 2017
Malcolm Turnbull’s announcement misunderstands Uluru, and should be rejected
OPINION: Associate Professor Gabrielle Appleby, Inside Story, 27 October 2017.
20 Oct 2017
2017 UNSW Law Alumni Spring Drinks
Last week UNSW Law alumni gathered at The Lobby Bar in Sydney to reconnect with old friends, network and hear the latest from UNSW Law at the annual Alumni Spring Drinks. Hosted by Dean Professor George Williams, the evening included an address from recently appointed Law Alumni Committee President, Pavithra Vigneswaran (BCom/LLB '12), and Dr Gabrielle Appleby, Associate Dean (International and External Engagement) at UNSW Law.
20 Oct 2017
Strengthening our commitment to China and the region
UNSW Law’s China International Business & Economic Law (CIBEL) Initiative travelled to Beijing last month to further drive collaboration and strengthen the Faculty’s commitment to China and the region.
08 Sep 2017
High Court dismisses challenge, so Australia is off to the (postal) polls on same-sex marriage
OPINION: Associate Professor Gabrielle Appleby, The Conversation, 7 September 2017.
18 Aug 2017
Let’s see the Solicitor-General’s advice on Barnaby Joyce's section 44 fate
OPINION: Associate Professor Gabrielle Appleby, The Australian Financial Review, 18 August 2017. The Prime Minister and the Attorney-General are confident Barnaby Joyce will be found safe from the scalping blades of section 44 of the Constitution; so confident, he will continue to hold office as Deputy Prime Minister and retain his seat in Cabinet.
Achievement|29 Jan 2019
UNSW and Hong Kong University launch new masters Pathways Program
A new partnership between UNSW Sydney and Hong Kong University (HKU) will see the launch of a new masters Pathways Program for Law.
Thought leadership|29 Mar 2019
UNSW conference will explore how business is stepping up on human rights
Industry leaders and global human rights activists will discuss technology, diversity, modern slavery and Indigenous rights at the Innovate Rights 2019 event.