Chief Justice of New South Wales

Gleeson was appointed Chief Justice of New South Wales in 1988, the first barrister to be directly elevated to the Chief Justiceship since Frederick Jordan in 1934.^[3] According to convention, he was also made Lieutenant Governor of New South Wales in 1989. During Gleeson's decade as Chief Justice of New South Wales, the court system dealt with considerable change including fast growing demand, cost constraints and delays. He sought to delineate appropriate boundaries for the political debate surrounding litigation, and was adamant that the proper administration of justice was a part of civilised government and not a free market privilege.^[3]

The tradition of the Chief Justice frequently appearing in the Court of Criminal Appeal was continued under Gleeson's tenure. In this role, he appeared as a judge in R v Birks, where it was found a trial counsel's proved incompetence was a ground of appeal, and Attorney-General (NSW) v Milat, where an indigent accused was found to be entitled to legal representation as a basic requirement of fairness in a serious legal trial.^[3]

Gleeson also frequently presided in the Court of Appeal, a forum more suited to his expertise in administrative, commercial, and constitutional law. In 1992, he presided over Greiner v Independent Commission Against Corruption, which exonerated Nick Greiner from charges of corruption, although Greiner was forced to resign as Premier months earlier by independents who controlled the balance of power in the New South Wales Legislative Assembly. Other notable cases include Ballina Shire Council v Ringland, where he endorsed the constitutionally implied right to freedom of political communication and concluded that councillors could not sue for defamation on statements about their performance, and Egan v Willis where the New South Wales Legislative Council was found to be empowered to compel the treasurer Michael Egan (then a member of the Legislative Council) to produce documents and to suspend him for non-compliance. In Egan v Chadwick, this power was found to be not limited by legal professional privilege.

Chief Justice of Australia

In May 1998, Gleeson was appointed Chief Justice of the High Court of Australia, replacing Sir Gerard Brennan. He was the first Chief Justice of a state supreme court to be appointed Chief Justice of the High Court since Samuel Griffith, whose own state Chief Justiceship preceded the formation of the High Court.^[3] He is also the first Chief Justice not to have been made a knight (however, Australia had ceased the practice of awarding knighthoods some years previously). During his tenure as Chief Justice, Gleeson actively maintained the importance of judicial independence in the face of increasing executive government power and public anger with court decisions. He also spoke out against the use of torture, forced confessions and detention without trial.^[5][6]

His tenure as Chief Justice was also characterised by a large number of joint judgments, and a relatively frequent number of judgments that clearly and plainly provide the Court's ratio decidendi.^[3] In 2020, at least six former associates of Dyson Heydon, another member of the bench led by Murray Gleeson, accused Heydon of sexual harassment, and one alleged that another judge, Michael McHugh had told Murray Gleeson about one of alleged acts.^[7]

On 30 July 2008, it was announced that Federal Court justice Robert French would succeed Gleeson as Chief Justice. In accordance with the Australian Constitution, he retired from the High Court on 29 August 2008, the day before his 70th birthday. The occasion was marked by a ceremonial sitting of the High Court in Canberra.

Court of Final Appeal of Hong Kong

On 7 November 2008, Gleeson was appointed a non-permanent judge of the Court of Final Appeal of the Hong Kong Special Administrative Region. He is given a Chinese name "紀立信" (Jyutping: gei2lap6seon3) by the Hong Kong Judiciary.^[8]