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Alan Robertson (judge)

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The Honourable
Alan Robertson
SC
Justice of the Federal Court of Australia
In office
11 April 2011 – 9 May 2020

Alan Robertson SC (born 10 May 1950) is a former judge of the Federal Court of Australia. He served as a deputy president of the Administrative Appeals Tribunal, and retired from the Court in May 2020 having reached the mandatory retirement age for federal judicial appointments.[1]

Early life and education

Robertson was born in Fareham in Hampshire, United Kingdom.[2] His father, Captain David Robertson OBE, was a naval captain and a Director of Navy Legal Services in the Australian Department of Defence.[2]

Robertson attended secondary school at Bradfield College in the UK.[3] His great-grandfather was bishop Archibald Robertson, who had also attended Bradfield College in the late nineteenth century and whose own father was the physician Archibald Robertson.

Robertson graduated from the Australian National University with a Bachelor of Arts (Hons) in 1972. In early 1973, he joined the Commonwealth Public Service, as an Administrative Trainee, with placements at the Treasury, the Public Service Board and the Department of the Capital Territory.[4]

Robertson began studying law, part-time, in 1976. He graduated Bachelor of Laws (Hons) in 1980.[5] He attended the Legal Workshop at the ANU. Robertson was first admitted to practice in the Supreme Court of the Australian Capital Territory.[6]

He commenced practice as a legal officer in the Attorney-General's Department, initially in the Deputy Crown Solicitor's Office, soon moving to the Advisings Division, working with Dennis Rose. Between 1981 and 1983 Robertson worked as assistant to the then-Commonwealth Solicitor-General, Sir Maurice Byers QC.[5][7]

Barrister

In 1983 Robertson moved to the private bar in Sydney. He read with WMC Gummow.[3] He was appointed Senior Counsel in 1995.[8]

He was the convenor of the Administrative Law Section of the New South Wales Bar Association from 1995 to 2008 and convenor of the Constitutional and Administrative Law Section (now the Public Law Section) from 2008 to 2011.[9] He was a part-time member of the Administrative Review Council between 1992 and 1997.[6]

Judge

In 2011, Robertson was appointed to the Federal Court of Australia, based in Sydney.[10]

He was appointed a Deputy President of the Administrative Appeals Tribunal and a Deputy President of the Australian Competition Tribunal.[11]

Robertson retired from the Federal Court and from his tribunal roles on 9 May 2020, having reached the retiring age mandated by the Australian Constitution.

Significant cases in which Robertson sat as a judge include: a competition law case concerning the rule banning artificial insemination for thoroughbred racehorses;[12] explaining circumstances in which findings of fact by an administrative tribunal may be challenged on judicial review;[13] a number of native title determinations[14][15] and a large transfer pricing tax case.[16]

In 2019, Robertson was a Visiting Judicial Fellow at the Australian National University.[6] He gave lectures as part of the ANU's Visiting Judges Program.[17][18]

Post-judicial activities

On retiring from the Federal Court, Robertson resumed his membership of Fifth Floor St James' Hall, as an Associate Member.[19]

Robertson was elected President of the Australian Academy of Law with effect from 1 July 2020.[20]

In 2020, Robertson was appointed an Honorary Professor at the College of Law, Australian National University.[21]

In May 2020, Robertson was appointed by the Commissioner of the NDIS Quality and Safeguards Commission as Independent Reviewer into the Commission's role in the circumstances that led to the death of an NDIS participant.[22] He delivered his report on 31 August 2020, making 10 recommendations as to how the systems and framework governing the Commission should be amended.[23]

In November 2020, Robertson gave the 2020 Spigelman Oration to the New South Wales Bar Association. He spoke on the topic of Supervising the legal boundaries of executive powers.[24] This has since been published.[25]

In December 2021, Robertson was appointed to the part-time office of Deputy Chair of the New South Wales Electoral Commission.[26]

In 2021, Robertson was appointed to be the Triennial Code Reviewer of the Code of Conduct for Copyright Collecting Societies. He delivered that Report on 21 March 2022.[27]

In March 2022, Robertson was first appointed an independent legal arbiter by the President of the New South Wales Legislative Council under Standing Order 52 to evaluate and report on the validity of disputed claims of privilege over documents tabled under order of the House.[28]

In the last quarter of 2022, Robertson was a member of the 3 person advisory panel set up by the Commonwealth Attorney-General to provide him with recommendations as to suitable candidates for possible appointment to the Federal Court of Australia.[29]

In February 2023 Robertson was appointed a member of the "Expert Advisory Group to Guide Reform to Australia’s System of Administrative Review" chaired by the Hon. Patrick Keane AC KC.[30]

References

  1. ^ Australia, c\=AU\; co\=Commonwealth of Australia\; ou\=Federal Court of (7 December 2020). "Former Judges of the Federal Court". www.fedcourt.gov.au.{{cite web}}: CS1 maint: multiple names: authors list (link)
  2. ^ a b "Robertson, Justice Alan --- "Transcript of Welcome ceremony" (FCA) [2011] FedJSchol 6". classic.austlii.edu.au.
  3. ^ a b Robertson, Justice Alan (2011). "Robertson, Justice Alan --- "Transcript of Welcome ceremony" (FCA) [2011] FedJSchol 6". Federal Judicial Scholarship.
  4. ^ "The Hon Justice Alan Robertson" (PDF). Bar News: The Journal of the NSW Bar Association (Winter 2001). Sydney, Australia: NSW Bar Association (published 29 November 2011). pg.129. June 2011. ISSN 0817-0002. Retrieved 31 January 2021 – via Informit.
  5. ^ a b "Australian Academy of Law - Speakers". academyoflaw.org.au.
  6. ^ a b c "The Honourable Justice Alan Robertson". ANU College of Law. 4 February 2019. Retrieved 31 December 2020.
  7. ^ College General Manager, ANU College of Law; Parker, Sarah (4 February 2019). "The Honourable Justice Alan Robertson". ANU Law School.
  8. ^ "NSW Senior Counsel Appointments". New South Wales Bar Association.
  9. ^ "Public law section | New South Wales Bar Association". nswbar.asn.au.
  10. ^ "Robertson, Justice Alan --- "Transcript of Welcome ceremony" (FCA) [2011] FedJSchol 6". Retrieved 30 December 2020 – via AustLII.
  11. ^ "Alan Robertson | Government Online Directory".
  12. ^ "Court upholds racehorse insemination ban". www.abc.net.au. 19 December 2012. Retrieved 26 January 2021.
  13. ^ "Minister For Immigration and Citizenship v SZRKT & Anor - BarNet Jade". jade.io. Retrieved 26 January 2021.
  14. ^ "'Walking taller': Byron Bay native title claim approved 20 years after application". ABC News. 30 April 2019. Retrieved 26 November 2022.
  15. ^ "Mirning People - Native Title Determination - Goldfields Land and Sea Council". sites.google.com. Retrieved 26 November 2022.
  16. ^ Khadem, Nassim; Danckert, Sarah (23 October 2015). "Chevron loses long-running battle with ATO, faces multimillion-dollar tax bill". The Sydney Morning Herald. Retrieved 26 January 2021.
  17. ^ Livesey, Daniel (6 April 2020). "Home". ANU College of Law. Retrieved 26 November 2022.
  18. ^ Preston, Fiona (7 February 2019). "What a Judge of the Federal Court of Australia and a Judge's associate do in a typical week". ANU College of Law. Retrieved 26 November 2022.
  19. ^ "ASSOCIATE MEMBER". Fifth Floor St James' Hall.
  20. ^ "Officeholders". Australian Academy of Law. Retrieved 24 January 2021.
  21. ^ "Honorary Professor Alan Robertson". ANU College of Law. Retrieved 26 January 2021.
  22. ^ "Independent review into circumstances relating to the death of Ann-Marie Smith". NDIS Quality and Safeguards Commission.
  23. ^ "Independent review – Report to the Commissioner of the NDIS Quality and Safeguards Commission 31 August 2020" (PDF).
  24. ^ "The 2020 Spigelman Oration" – via YouTube.
  25. ^ Supervising the legal boundaries of executive powers — (2021) 50 Aust Bar Rev 12
  26. ^ "Three-member statutory authority". www.elections.nsw.gov.au. Retrieved 26 November 2022.
  27. ^ "Review of Code of Conduct for Copyright Collecting Societies Notice by the Triennial Code Reviewer" (PDF). Retrieved 26 November 2022.
  28. ^ "REPORT UNDER STANDING ORDER 52 ON DISPUTED CLAIM OF PRIVILEGE INTERIM REPORT OF INDEPENDENT LEGAL ARBITER: THE HON ALAN ROBERTSON SC" (PDF). www.parliament.nsw.gov.au. Retrieved 26 November 2022.
  29. ^ https://ministers.ag.gov.au/media-centre/appointments-federal-court-australia-15-12-2022
  30. ^ https://ministers.ag.gov.au/media-centre/expert-advisory-group-guide-reform-australias-system-administrative-review-17-02-2023
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