Debra Sue Mortimer is an Australian Judge. She was born in New Zealand but practised law in Australia. She has been a judge of the Federal Court of Australia since 2013, having previously been a Senior Counsel practising at the Victorian Bar in migration law, environmental law and anti-discrimination law.
Mortimer did her articles at Goldberg and Window Solicitors before becoming an associate to Sir Gerard Brennan then a justice of the High Court in 1988 and 1989. Mortimer became a barrister in 1989 and was appointed as a Senior Counsel in 2003. It is unusual for women to have a speaking role as advocates before the High Court, however Mortimer was an exception, regularly appearing in the High Court from 1998, until her elevation as a judge, including appearing for the successful applicants in Plaintiff M61/2010E v Commonwealth, and Plaintiff M70/2011 v Minister for Immigration and Citizenship. Mortimer also appeared in environmental cases, including representing Bob Brown, an Australian Greens Senator, in a case against Forestry Tasmania, concerning the Wielangta forest. As well as an active practice as a barrister, Mortimer was a lecturer in the Monash University Faculty of Law from 1991–94 and at the University of Melbourne Law School from 2011. Since her elevation to the Federal Court, Mortimer has been the trial judge in a number of high profile cases, including Wotton v Queensland , a case concerning the events following the 2004 death in custody of Palm Island, Queensland resident, Cameron Doomadgee. Mortimer found that members of the Queensland Police Service had contravened the Racial Discrimination Act, including the way they had investigated the death in custody, that an emergency declaration and the deployment of the Special Emergency Response Team was part of an excessive and disproportionate policing response. Mortimer was the trial judge in a case brought by Consumer Affairs Victoria against wellness blogger Belle Gibson and her companies for misleading or deceptive conduct and unconscionable conduct contrary to the Australian Consumer Law. Gibson was required to pay $410,000 in penalties. Mortimer has also sat as a member of the Full Court of the Federal Court hearing appeals, and was a member of the bench that was critical of the approach of Judge Alexander Street in hearing applications by asylum seekers. In 2018 Mortimer presided over an historic judgement resulting in an Indigenous Land Use Agreement, after a claim brought by Kaurna elders in Adelaide 18 years earlier. This was the first claim for a first land use agreement to be agreed to in any Australian capital city.
