Industrial Relations Court of Australia Annual Report 1997-98

This version omits Appendix B - the financial statements of the Court. Copies of the financial statements may be obtained by contacting the Court Registrar.

The hard copy version is published as
© Commonwealth of Australia
National Library of Australia
Cataloguing-in publication data:
Industrial Relations Court of Australia

ISBN 0-642-70416-3

Introduction by the Chief Justice

On May 1997 the jurisdiction of the Industrial Relations Court of Australia (except in relation to part heard cases) was transferred to the Federal Court of Australia, along with the Court's assets and remaining staff. The Court, however, remains in existence and its annual reporting obligations continue whilst it has proceedings awaiting disposal.

Murray Wilcox
Chief Justice

The Judges

During 1997-98 there were no changes in the judges constituting the Court. They are:

The Honourable Chief Justice Murray Rutledge Wilcox Period in office 30/3/94 -
The Honourable Justice Jeffrey Ernest John Spender Period in office 30/3/94 -
The Honourable Justice Peter Ross Awdry Gray Period in office 30/3/94 -
The Honourable Justice Donnell Michael Ryan Period in office 30/3/94 -
The Honourable Justice Malcolm Cameron Lee Period in office 30/3/94 -
The Honourable Justice John William von Doussa Period in office 30/3/94 -
The Honourable Justice Michael Francis Moore Period in office 30/3/94 -
The Honourable Justice Shane Raymond Marshall Period in office 17/7/95 -
The Honourable Justice Anthony Max North Period in office 19/9/95 -
The Honourable Justice Rodney Neville Madgwick Period in office 20/9/95 -

Judicial Registrars

At 1 July 1997, 16 persons held office as Judicial Registrars; eight full-time and eight part-time. During the year three Judicial Registrars resigned. In alphabetical order, the Judicial Registrars who held office during the year were:

Jenny May Blokland Period in office 20/12/94 - 29/9/97 (resigned) 5 years part-time
Maria Helena Boon Period in office 20/12/94 -5 years part-time
William McLean Boulton Period in office 26/7/94 - 5 years part-time
Leonie Jane Farrell Period in office 10/10/94 - 5 years part-time
Richard Damian Farrell Period in office 3/10/95 - 3 years full-time
Irene Maria Linkenbagh Period in office 26/7/94 Ð 30/9/97 (resigned) 5 years part-time
Joan Marie Locke Period in office 19/10/95 - 3 years part-time
Garry David McIlwaine Period in office - 19/10/95 3 years full time
Frances Millane Period in office 19/10/95 - 3 years full-time
Michael Damian Murphy Period in office 19/10/95 - 3 years full-time
Kim Michelle Parkinson Period in office 27/7/94 - 5 years full-time
David Hugh Patch Period in office 19/10/95 - 30/9/97 (resigned) 3 years part-time
Mark Timothy Ritter Period in office 3/10/95 - 3 years part-time
James Anthony Ryan Period in office 26/7/94 - 5 years full-time
Elizabeth Joan Tomlinson Period in office 22/8/94 - 5 years full-time
Robert Allen Walker Period in office 15/8/94 - 5 years full-time

Registry Support

As from 25 May 1997 the Court has not had its own Registry. All Registry services have been supplied by the Federal Court of Australia, to whose Chief Justice and personnel the Court extends its appreciation.

Matters finalised in 1997-98

State or Territory Pending 1 July 1997 Finalised in 1997/98 Pending 30 June 1998
ACT 33 20 13
NSW 149 110 39
NT 12 9 3
QLD 11 6 5
SA 32 30 2
TAS 14 5 9
VIC 74 55 19
WA 25 18 7
Totals 350 253 97

Freedom of Information

Functional Statement in accordance with section 8 of the Freedom of Information Act

The Industrial Relations Court of Australia was established by the Industrial Relations Reform Act 1993. The Court became operational on 30 March 1994.

The Reform Act repealed Part 111 of the Industrial Relations Act 1988, and moved the industrial relations jurisdiction from the Federal Court. The Reform Act added a new Part XIV to the Industrial Relations Act and dealt with the constitution, management and jurisdiction of the new Court.

The Court was conferred with original and appellant jurisdiction. It is a superior court of record and a court of law and equity with status equal to that of the Federal Court and Family Court.

The Workplace Relations and Other Legislation Amendment Act 1996 made substantial changes affecting the Court which took effect on 25 May 1997. Specifically it

  • Repealed Divisions 1,2, 3, 4, 5, 7, 9 and 10 of Part XIV and amended Divisions 5 and 8 of that Part which concerned the establishment, management and jurisdiction of the Court.
  • Redefined "Court" to refer to the Federal Court instead of the Industrial Relations Court.
  • Trasferred most of the Court's pending matters to the Federal Court other than those where a substantive hearing had started.
  • Preserved the appointments of the Court's judges and judicial registrars and conferred on those judicial registrars additional appointments as judicial registrars of the Federal Court. All of the Court's judges were already active members of the Federal Court.

The Court remains in existence until a day to be fixed by Proclamation after which no person holds office as a judge of the Industrial Relations Court of Australia.

Additional information about the Court

In line with attachment 3 of the Requirements for Departmental Annual Reports of March 1994 (updated March 1997) the following information is available on request by contacting the Court directly.

  • Portfolio legislation and statutory authorities: Not applicable.
  • Non-statutory bodies: Not applicable.
  • Government companies: Not applicable.
  • Social justice and equity: The Court's activities have been limited to finalising court hearings.
  • Staffing matters and performance pay, Equal employment opportunity, Training, Interchange programs: The Court employed no staff in the year under review.
  • Financial matters: See the annexed financial statements
  • Consultancy services: Not applicable.
  • Property usage: No property was held by the Court in the year under review.
  • Reports from the Auditor-General: No reports received.
  • Inquiries by Parliamentary Committees: Not applicable.
  • Comments by the Ombudsman: None received.
  • Decisions of Courts and Tribunals: Nothing significant to report.
  • Privacy: No reports received.
  • Business Regulations: Not applicable.
  • Environmental matters: Not applicable.

Categories of documents available

The Industrial Relations Court of Australia holds a range of documents that are now under the control of officers of the Federal Court of Australia.

The Court's rules govern access to certain documents held by the Court in relation to actions filed. Order 15 of the rules relate to discovery and inspection of documents. Rule 17 of Order 15 refers to withholding of any document in the public interest. Rule 18 of Order 15 refers to documents which become part of the public record. Also, transcripts of Court proceedings are available at a cost from Auscript.

Documents held by the Court:

  • Case files comprising all documents filed (formal applications, subpoenas, affidavits, copies of orders)
  • A computerised recording system in each Federal Court registry recording all proceedings of the Industrial Relations Court commenced and completed in that registry.
  • Statistical information gathered by court personnel about claims filed.
  • Documents concerning financial aspects of the operations of the Court and registries.
  • Documents concerning administrative procedure of the Court.
  • Documents concerning policy of the Court.
  • Documents recording matters listed for directions, hearings and mediations for a given date.

 Freedom of information and contact officer

Inquiries about matters determined by the Court or pending before it may be referred to the relevant District Registrar of the Federal Court of Australia. Details of those registries are in appendix A and are also available via the Federal Court's Internet home page at: www.austlii.edu.au/au/other/fca/

Inquiries about this annual report is available by contacting:

Registrar
Industrial Relations Court of Australia
c/- Federal Court of Australia
Law Courts Building
Queens Square
Sydney NSW 2000
Telephone: 02 9230 8111
Facsimile: 02 9230 8889
e-mail: refer to the e-mail facility on the Court's Internet home page.

 

APPENDIX A - Directory of Federal Court District Registries

NSW District Registry
Level 16 Law Courts Building
Queens Square
Sydney NSW 2000
Fax: (02) 9230 8535
Hours: 9am - 4pm
Contact:
District Registrar (02) 9230 8544
Email: nswdr@fedcourt.gov.au

Queensland District Registry
119 North Quay
Brisbane QLD 4000
Fax: (07) 3248 1260
Hours: 9am - 4pm
Contact:
District Registrar (07) 3248 1200
Email: qldreg@fedcourt.gov.au

ACT District Registry
Childers Street
Canberra ACT 2601
Fax: (02) 6267 0625
Hours: 10am - 1pm, 2pm - 4pm
Contact:
District Registrar (02) 9230 8544
Email: actman@fedcourt.gov.au

Victoria District Registry
450 Little Bourke Street
Melbourne VIC 3000
Fax: (03) 9670 4965
Hours: 9am - 4pm
Contact:
District Registrar (03) 9289 9316
Email: vicreg@fedcourt.gov.au

South Australia District Registry
8th Floor Grenfell Centre
25 Grenfell Street
Adelaide SA 5000
Fax: (08) 8205 4439
Hours: 9am - 4pm
Contact:
District Registrar (08) 8205 4440
Email: salib@fedcourt.gov.au

Tasmania District Registry
Commonwealth Law Courts Building 39-41 Davey Street
Hobart TAS 7000
Fax: (03) 6232 1701
Hours: 9.30am - 1pm, 2pm - 4pm
Contact:
District Registrar (03) 6232 1714

Western Australia District Registry
Level 6 Commonwealth Law Courts
1 Victoria Avenue
Perth WA 6000
Fax: (08) 9221 3261
Hours: 8.30am - 4pm
Contact:
District Registrar (08) 9268 7124
Email: walib@fedcourt.gov.au

Northern Territory District Registry
Commonwealth Law Courts
Cnr Mitchell & Herbert Streets
Darwin NT 0801
Fax: (08) 8981 6081
Hours: 9.30am - 4pm
Contact:
District Registrar (08) 8941 2333