Industrial Relations Court of Australia

The Industrial Relations Court of Australia was a short-lived Chapter III Court whose jurisdiction was transferred from the Federal Court in 1994,[1] and transferred back in 1997.[2][3] In the words of former Chief Justice Robert French, "The tide went in, the tide went out".[4] Every judge had a concurrent appointment in the Federal Court.[5] Despite the transfer of jurisdiction, any existing matter or appeal from an existing matter remained in the Industrial Relations Court of Australia,[6] with the result that the last case was not finally disposed of until 2005/6.[7] The Court was not to be abolished until after the last judge had retired.[2] The last judge to retire was Anthony North on 11 September 2018.[8] The court will be formally abolished on 1 March 2021.[9]

Industrial Relations Court of Australia
Established1994
Authorized byConstitution of Australia Industrial Relations Act 1988
Appeals toHigh Court of Australia
Websitefedcourt.gov.au/about/courts-and-tribunals/irca

The court was the latest in a line of specialist federal courts dealing with industrial relations matters,[10] being the Commonwealth Court of Conciliation and Arbitration (1904–1956), whose court and arbitration functions were divided as a result of the Boilermakers' case,[11] succeeded by Commonwealth Industrial Court (1956–1973), which was renamed as the Australian Industrial Court (1973–1977).[4] The last remaining judge of the Australian Industrial Court, Ray Northrop was appointed to the new court.[12]

The creation of a specialist court was controversial,[13] with academics Breen Creighton and Andrew Stewart stating that it was not clear that the creation of the court would serve any useful purpose.[14] One of those opposed to the creation of the court was Federal Court judge Murray Wilcox who was subsequently offered appointment as Chief Justice. Wilcox reminded the Attorney-General, Michael Lavarch, of his opposition, to which Lavarch responded that Wilcox's knowledge of the pitfalls would help the court to avoid them.[15]

List of judges
Position Name From To Term Comments Notes
Chief Justice Murray Wilcox 30 March 1994 2 October 2006 12 years, 186 days [15]
Judge Ray Northrop 9 August 1995 1 year, 132 days [12]
John Keely 29 February 1996 1 year, 336 days [16]
Jeffrey Spender 19 July 2010 16 years, 111 days [17]
Peter Gray AM 17 May 2013 19 years, 48 days [18]
Donnell Ryan 2 June 2011 17 years, 64 days Additional Judge of the Supreme Court (ACT) [19]
Malcolm Lee 1 May 2006 12 years, 32 days [16]
John von Doussa 15 August 2003 9 years, 138 days [16]
Michael Moore 1 August 2011 17 years, 124 days Additional Judge of the Supreme Court (ACT) [16]
Margaret Beazley 28 April 1996 2 years, 30 days Appointed to Court of Appeal (NSW) [20]
Shane Marshall 17 July 1995 21 November 2015 20 years, 127 days [21]
Anthony North 3 October 1995 11 September 2018 22 years, 343 days Additional Judge of the Supreme Court (ACT) [8]
Rodney Madgwick 3 October 1995 21 April 2008 12 years, 201 days Additional Judge of the Supreme Court (ACT) [16]

References
  1. Industrial Relations Reform Act 1993 (Cth).
  2. Workplace Relations and other Legislation Amendment Act 1996 (Cth).
  3. "Annual Report 1996–97" (PDF). Industrial Relations Court of Australia. September 1997. Retrieved 5 December 2018.
  4. French, R (1 May 2014). "Federal Circuit Court – History Repeats Itself" (PDF). High Court. Retrieved 18 October 2018.
  5. "Industrial Relations Court of Australia". fedcourt.gov.au. Retrieved 7 December 2018.
  6. Autistic Association of New South Wales v Dodson [1999] FCA 439, (1999) 93 FCR 213 (14 April 1999), Federal Court (Full Court).
  7. "Annual Report 2005–06" (PDF). Industrial Relations Court of Australia. 26 September 2006. Retrieved 19 October 2018.
  8. "Ceremonial Sitting of the Full Court to Farewell the Honourable Justice North", fedcourt.gov.au, 7 September 2018, retrieved 18 September 2018
  9. "Workplace Relations and Other Legislation Amendment (Abolishment of Industrial Relations Court) Proclamation 2020". 10 December 2020. Retrieved 10 December 2020.
  10. Moore, M. "The role of specialist courts - an Australian perspective". [2001] Federal Judicial Scholarship 11.
  11. R v Kirby; Ex parte Boilermakers' Society of Australia (Boilermaker's case) [1956] HCA 10, (1956) 94 CLR 254 , High Court. Affirmed on appeal Attorney-General (Cth) v The Queen [1957] UKPC 4, [1957] AC 288; [1957] UKPCHCA 1, (1957) 95 CLR 529, Privy Council (on appeal from Australia).
  12. Gawler, Mike. "Farewell to Justice Northrop" (PDF). (1998) 72(10) The Law Institute Journal 19.
  13. McCallum, R; McCarry, GJ & Ronfeldt, P, eds. (1994). "Introduction". Employment Security. Federation Press. p. xxxii. ISBN 9781862871465.
  14. Creighton, WB & Stewart, A (1994). Labour law : an introduction. Federation Press. p. 88. ISBN 1862871345.
  15. "Farewell to the Hon Justice Murray Wilcox" (PDF). (2006 Summer) Bar News: Journal of the NSW Bar Association 93.
  16. "Former Judges of the Federal Court of Australia". Federal Court of Australia. Retrieved 2 August 2018.
  17. "Transcript of farewell to the Honourable Justice Spender". Federal Court of Australia. 14 July 2010. Archived from the original on 22 February 2011.
  18. "Ceremonial Sitting of the Full Court To farewell the Honourable Justice Gray". fedcourt.gov.au. 17 May 2013. Retrieved 4 December 2018.
  19. "Ryan, Justice Donnell --- "Transcript of Farewell ceremony"". [2011] Federal Judicial Scholarship 7.
  20. "Beazley, Margaret Joan (1951 - )". The Australian Women's Register. Retrieved 4 December 2018.
  21. "Ceremonial Sitting of the Full Court To farewell the Honourable Justice Marshall". fedcourt.gov.au. 20 November 2015. Retrieved 4 December 2018.
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