Women barristers in Australia still face a significant gender pay gap, according to new data released today in the Law Council of Australia’s 2022-2023 Equitable Briefing Policy Annual Report. This is despite targets being met in terms of briefing rates.
The report represents the aggregated data from a total of 189 briefing entities and barristers about their briefing practices.
Findings show that women barristers were paid just 20 per cent of the $1.65 billion the Bar charged in fees last financial year despite getting 31 per cent of briefings.
This was the lowest the value of brief fees going to women in four years, according to the report. It’s down from 26 per cent last year.
“The good news is that the briefing rate of women barristers has exceeded the target the profession set for itself when the Equitable Briefing Policy was launched in 2016,” the report said, adding that the goal rate was 30 per cent for 2022-23, with the data putting them at 31 per cent.
“What is most significant about these figures, is that throughout the seven years we have been collecting data, the value of brief fees to women barristers, while up from 2016, has never matched the briefing rate,” said the report.
The report cites structural issues of gender inequality as potential reasons for the discrepancy between briefing rates and fees, including the types of clients, calibres of briefs and areas of work more commonly offered to women.
While barristers told The Australian Financial Review that equitable briefing policies were working to increase the total representation of women barristers in matters, they are calling for quotas, mandatory reporting and tougher targets.
The report also shows that briefing rates of senior women barristers (those with 10 or more years’ experience) declined between 2021-22 and 2022-23 and is below the target of 30 per cent. Meanwhile, the rates for junior women barristers remained steady at 41 per cent.
“This indicates that innovative and inclusive strategies to support career retention, development and progression for all barristers will continue to be important,” said the report.
Next year, the Law Council will undertake its second review of the Equitable Briefing Policy and says it “will consider whether its scope should be broadened, or its terms and thresholds strengthened.”
“This will include consideration of additional questions posed to Policy adoptees to help fill some of these gaps in the structural picture behind briefing practices.”