Solicitor-General

The Solicitor-General is the second law officer of the Commonwealth of Australia.

The functions of the Solicitor-General under s 12 of the Law Officer's Act 1964 (Cth) are to act as counsel for the Commonwealth and its emanations, to furnish opinions on questions of law referred to them by the Attorney-General and to perform such other functions ordinarily performed by counsel as the Attorney requests.

The Solicitor-General appears in most matters in the High Court of Australia involving the Commonwealth and its emanations and in select matters of importance in the intermediate appellate courts of Australia. The Solicitor-General has a wide practice, appearing in matters involving constitutional law, extradition, migration, native title, trade practices, taxation, corporations, customs, international arbitration and criminal law.

The Solicitor-General will ordinarily appear as one of the counsel representing the Commonwealth in all matters before international judicial and arbitral tribunals.

The Solicitor-General also provides a substantial number of legal opinions each year in Commonwealth matters.

The Solicitor-General is assisted by two counsel assisting and works in close collaboration with senior officers of the Attorney-General's Department, Australian Government Solicitor, other key departments and agencies and with leading counsel from the private bar.

Dr Stephen Donaghue KC

On 16 December 2025, Dr Stephen Donaghue KC resigned as the Solicitor-General to take up a role as Justice of the Appeal Court of the Supreme Court of Victoria.

Dr Donaghue was appointed Solicitor-General on 14 December 2016 and commenced in the role on 16 January 2017. He joined the Victorian Bar in 2001 and took silk in 2011. He has appeared before the Full Court of the High Court on more than 150 matters and before the International Court of Justice.

He is a Senior Fellow at the University of Melbourne Law School. Before his appointment, he was also the Chair of the Public Law Section of the Commercial Bar Association and a member of the Constitutional Law Committee of the Law Council of Australia.

Standing acting arrangements are in place to cover a vacancy in the Office of the Solicitor-General.

A process to fill the vacancy will begin shortly.