Why do judges wear wigs at court? We have always seen judges wear those fancy wigs and robes at court whether in classic movies or real life. But where did this distinct fashion come from? Let's take a trip down memory lane to see how this came to be.
Fancy as they may seem, there's a story behind it. The tradition of judges wearing wigs in the dress code is evident back in 17th century in England. Eventually, this attire was also introduced to Australia during its colonisation period. Mainly, the attire was a requirement to set apart judges from the public.
In the past the rules for district court and lower court judges and barristers may have differed. Note that a judge's bench wig was not the same as barrister's wig. Wearing wigs in the courtrooms of NSW may be a familiar practice. This leads to the preservation of many customs and traditions.
But now increasingly there are arguments suggesting that the wearing of wigs and robes is an outdated tradition in Australia. Moreover, it is worth noting that several countries, such as New Zealand, have done away with the requirement of wearing wigs.
Even in Australia, present judges and barristers in Australia have stopped wearing wigs as part of their ceremonial dress.
A 16th Century Trend
There are several reasons on why do judges wear wigs many years ago. Here are some common explanations on why judges wear wigs at court:
- Symbol of Authority and Impartiality: Wearing a wig was seen as a symbol of the judge's authority and impartiality. Moreover, having this court attire means they want to emphasise the seriousness and formality of the legal process.
- Anonymity: A judge wants to stay anonymous in court trials. Their court attires shift the focus away from the lawyer as an individual and onto their role as representative of the law.
- Historical Legacy: Wearing wigs had historical significance, reflecting the customs and practices of the legal profession that developed over centuries. It connected contemporary judges to the legal traditions of the past.
- Hygiene and Practicality: Syphilis was a widespread disease back in the 16th century. With the absence of antibiotics, people experienced symptoms like rashes, blindness, dementia, and balding. Wigs not only solved the balding problem, but also people who had lice. This may answer our question "why do judges wear wigs"? Maybe they also suffered the same disease. King Louis XIV often wore wigs back then which probably hinted that he had syphilis. European upper and middle class men and even his cousin got caught up with the trend. While wigs quickly became fashionable among the mass, UK courtrooms were slower to embrace them.
Who Wore Wigs in Federal Courts?
| Court | What to wear/Who wears |
| High Court of Australia | A barrister's attire will depend on the type of case they
are participating in: 1. For appeals: Barristers will follow the dress code of the relevant state's Court of Appeal or Court of Criminal Appeal 2. For original jurisdiction cases: Barristers will follow the dress code of the Court of Appeal in the state where they conduct their legal practice |
| Fair Work Commission of Australia | No wigs and robes |
| Family Court of Australia | 1. No wigs 2. Judges have to wear robes for trials, appeals, final hearings, judgement delivery, and ceremonial settings |
| Federal Circuit Court | Refer to Practice Direction No.1 of 2010 |
| Administrative Appeals Tribunal | No wigs and robes |
| Australian Competition Tribunal | No wigs and robes |
| Copyright Tribunal | No wigs and robes |
| Defence Force Discipline Appeal Tribunal | Judges will only wear wigs and robes as required for equivalent State/Territory Court of Criminal AppealTribunal members do not robe |
| Federal Police Disciplinary Tribunal | No wigs and robes |
Who Wore Wigs in NSW Courts?
| Court | Additonal Information |
| Supreme Court of NSW (inc. Court of Appeal & Court of Criminal Appeal) | The 2007 NSW Supreme Court Attire Policy ensures
barristers' dress for various court divisions and ceremonial
occasions. This policy applies to barristers: 1. Appearing in court proceedings before the Court of Appeal, Court of Criminal Appeal, Common Law Divison, and Equity Division 2. Who attend ceremonial sittings of the Supreme Court |
| Land and Environment Court of NSW | Judges don't typically wear wigs |
| Industrial Relations Commission of NSW | No wigs and robes |
| District Court of New South Wales | 1. Judges won't wigs for civil matters. However, they will
wear wigs for criminal matters. 2. Judges will wear robes for civil matters and generally for criminal matters. |
| Dust Diseases Tribunal | Judges generally wear wigsJudges won't wear wigs, but will need to wear robes for class 3-7 proceedings and ceremonial sittings. |
| Administrative Decisions Tribunal | No wigs and robes |
| Drug Court of NSW | No wigs and robes |
| Local Court | No wigs and robes for practitioners. However, magistrates wear robes |
| Workers Compensation Commission | No wigs and robes |
As seen with our two tables above about "why do judges wear wigs?", NSW courts almost no judges wear them anymore. However, robes have clearly made a steady presence in many courts.
Source: Coming to the Bar | NSW Bar Association
Is it Still a Common Practice in Australian Legal Profession?
When learning about why do judges wear wigs, it is necessary to consider if this is still the case in many Commonwealth countries such as Australia. Articles report that the number of wig-wearing judges in courts has greatly decreased.
Nowadays judges in Australia do not typically wear wigs. As we have explored, the tradition of judges wearing wigs is more commonly associated with the legal systems in the United Kingdom and some other Commonwealth countries.
In Australia, judges and magistrates generally do not wear wigs during court proceedings. Instead, they typically wear judicial robes or other appropriate attire that reflects the formal nature of the court setting.
The use of wigs by judges is primarily a cultural and historical practice that varies from one jurisdiction to another. However, it's important to note that there may be exceptions or specific ceremonial occasions where wigs are worn, but it is not a common practice in Australian courts anymore.
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