The Hon Justice Tricia Kavanagh

The Hon Justice Tricia Kavanagh

LLB (1981)
PhD LAW (1998)

Former Justice of the Industrial Court of New South Wales
Former Deputy President, NSW Industrial Relations Commission

I hold a joint Commission as a Justice of the NSW Industrial Court and Deputy President of the NSW Industrial Relations Commission and have served for 13 years in this capacity. Justices in this Industrial Relations system sit as both Conciliators and Arbitrators.

I am also appointed to sit as the NSW Racing Appeals Tribunal (horse, harness and greyhound racing) and as Deputy Chair of the NSW Medical Tribunal both dealing with applications to discipline or strike off practitioners.

"The Law School has consolidated as a centre of reputation of excellence and is now a Law School of choice. All of its graduates are grateful for the opportunity offered by the University of Technology, Sydney"

I have, therefore, presided as both a first instance judge and an appeals judge in considering a range of employment issues arising within both the public and private sectors. The Court and/or the Commission has dealt with disciplinary procedures within both sectors including dismissals and reinstatements; workplace wages and conditions claims; terms of employment contracts, employment contract reviews, union/employer industrial disputations; cases involving discrimination in the workplace, both of race and gender.

The Court also held a criminal jurisdiction dealing with prosecutions under occupational, health and safety law.

All persons within New South Wales have had access to this Court and/or Commission including professionals (such as medical practitioners, teachers, nurses), persons within the various grades of the public sector, all salaried and wage employees within the private sector including contractors.

I regularly preside as an Arbitrator on the Court of Arbitration for Sport (CAS) (out of Court hours) sitting both at first instance and as a member of its three panel Appeal's Tribunal. (The Court arbitrates sporting disputes in all Olympic Sports including issues such as drug taking, selection, interpretation of Sports Rules (International and Australian), and sporting heroes employment contracts). I was the Australian nominated Arbitrator on the Ad-hoc Division of CAS for the Sydney 2000 Olympics. I have been an Arbitrator on the CAS since its inception. I am a qualified Arbitrator under the auspices of the Australian Commercial Disputes Centre.

Prior to my appointment to judicial office I practised as a Barrister for 18 years in the fields of employment (industrial) law, common law, workers compensation law, administrative law (discrimination law, equal opportunities tribunals). I appeared before the Australian High Court, the Federal Court of Australia, State Supreme Courts, Federal and State Industrial Commissions, State District Courts and the various Administrative Appeals Tribunals.

I served the Australian Government between 1973 and 1975 as one of three Full Time Members, on the Interim Childrens Commission establishing a range of Childrens Services and advising on Government policy related to the rights of the Child.

When working as an Industrial Advocate for a Trade Union I advised and litigated on behalf of employees related to their workplace wages and conditions, in particular in the shop industry and in industries requiring general labourers (for example, shearers, road workers, etc). During this period I studied law part time.