FEDERAL CIRCUIT COURT OF AUSTRALIA
| WARDMAN & ORS v MACQUARIE BANK LIMITED | [2019] FCCA 939 |
| Catchwords: INDUSTRIAL LAW – Federal Judges appointed under Chapter III of the Constitution cannot act as mediators – a mediator does not exercise the judicial power of the Commonwealth and mediation is not incidental to judicial power either generally or under s.51(xxxix) of the Constitution – accordingly r.45.13B(2)(a) of the Federal Circuit Court Rules 2001 (Cth) which purportedly authorises the appointment of a Judge of this Court to be a mediator is incompatible with Chapter III of the Constitution and hence invalid – further as a matter of discretion a Judge of this Court should not act as mediator. |
| Legislation: Charter of Human Rights and Responsibilities Act2006 (Vic), s.36 Civil Procedure Act 2005 (NSW), s.25 Commonwealth Conciliation and Arbitration Act 1904 – 1956 (Cth), s.2 Fair Work Act 2009 (Cth), ss.45, 546, 566 Federal Circuit Court of Australia Act 1999 (Cth), ss.34, 81 Federal Circuit Court Rules 2001 (Cth) |
| First Applicant: | JOHN WARDMAN |
| AND 14 OTHERS |
| Respondent: | MACQUARIE BANK LIMITED |
| File Number: | SYG 1540 of 2018 |
| Judgment of: | Judge Dowdy |
| Delivered at: | Sydney |
| Delivered on: | 10 April 2019 |
REPRESENTATION
| Solicitors for the Applicants: | Williamsonlegal |
| Solicitors for the Respondent: | K & L Gates |
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYG 1540…
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- Case
- [2019] FCCA 939
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether a Federal Circuit Court judge, appointed under Chapter III of the Constitution, could validly act as a mediator. This involved determining whether the role of a mediator involved the exercise of the judicial power of the Commonwealth, or if mediation was incidental to judicial power, either generally or under section 51(xxxix) of the Constitution. The Court also considered whether, as a matter of discretion, a judge should act as a mediator.
Dowdy J held that a mediator does not exercise the judicial power of the Commonwealth, nor is mediation incidental to judicial power. Consequently, Rule 45.13B(2)(a) of the Federal Circuit Court Rules 2001 (Cth), which purported to authorise the appointment of a judge to be a mediator, was found to be incompatible with Chapter III of the Constitution and therefore invalid. The Court further determined that, as a matter of discretion, a judge of the Federal Circuit Court should not act as a mediator.
The Court ordered that the mediation conducted by the judge was invalid.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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