Alan Robertson (born 10 May 1950) is a former

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

of the

Federal Court of Australia The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indic ...

. He served as a deputy president of the

Administrative Appeals Tribunal The Administrative Appeals Tribunal (AAT) is an Australian tribunal that conducts independent merits review of administrative decisions made under Commonwealth laws of the Australian Government. The AAT review decisions made by Australian Gover ...

, and retired from the Court in May 2020 having reached the mandatory retirement age for federal judicial appointments.

Early life and education

Robertson was born in

Fareham Fareham ( ) is a market town at the north-west tip of Portsmouth Harbour, between the cities of Portsmouth and Southampton in south east Hampshire, England. It gives its name to the Borough of Fareham. It was historically an important manufact ...

Hampshire Hampshire (, ; abbreviated to Hants) is a ceremonial county, ceremonial and non-metropolitan county, non-metropolitan counties of England, county in western South East England on the coast of the English Channel. Home to two major English citi ...

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...

. His father, Captain David Robertson OBE, was a naval captain and a Director of Navy Legal Services in the

Australian Department of Defence Australian(s) may refer to: Australia * Australia, a country * Australians, citizens of the Commonwealth of Australia ** European Australians ** Anglo-Celtic Australians, Australians descended principally from British colonists ** Aboriginal Aus ...

. Robertson attended secondary school at

Bradfield College Bradfield College, formally St Andrew's College, Bradfield, is a public school (English independent day and boarding school) for pupils aged 11–18, located in the small village of Bradfield in the English county of Berkshire. It is note ...

in the UK. His great-grandfather was bishop

Archibald Robertson Archibald or Archie Robertson may refer to: Sports *Archie Robertson (footballer) (1929–1978), Scottish footballer * Archie Robertson (shinty player) (born 1950), ex-shinty player Others *Archibald Robertson (painter) (1765–1835), Scottish bor ...

, who had also attended Bradfield College in the late nineteenth century and whose own father was the physician

. Robertson graduated from the

Australian National University The Australian National University (ANU) is a public research university located in Canberra, the capital of Australia. Its main campus in Acton encompasses seven teaching and research colleges, in addition to several national academies and ...

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.

Legal career

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

Barrister

In 1983 Robertson moved to the private bar in Sydney. He read with WMC Gummow. He was appointed Senior Counsel in 1995. He was the convenor of the Administrative Law Section of the

New South Wales Bar Association The New South Wales Bar Association is a professional body of lawyers responsible for the regulation of the legal profession in the state of New South Wales, Australia. The body administers the bar examination in accordance with the Legal Profe ...

from 1995 to 2008 and convenor of the Constitutional and Administrative Law Section (now th
Public Law Section
from 2008 to 2011. He was a part-time member of the

Administrative Review Council Australian administrative law defines the extent of the powers and responsibilities held by administrative agencies of Australian governments. It is basically a common law system, with an increasing statutory overlay that has shifted its focus ...

between 1992 and 1997.

Judge

In 2011, Robertson was appointed to the

, based in Sydney. He was appointed a Deputy President of the

and a Deputy President of the Australian Competition Tribunal. 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 The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the ...

. Significant cases in which Robertson sat as a judge include: a competition law case concerning the rule banning artificial insemination for thoroughbred racehorses; explaining circumstances in which findings of fact by an administrative tribunal may be challenged on judicial review; a number of native title determinations and a large transfer pricing tax case. In 2019, Robertson was a Visiting Judicial Fellow at the

. He gave lectures as part of the ANU's Visiting Judges Program.

Post-judicial activities

On retiring from the Federal Court, Robertson resumed his membership of Fifth Floor St James' Hall, as an Associate Member. Robertson was elected President of the

Australian Academy of Law The Australian Academy of Law (AAL) is a permanent, non-government organisation devoted to the advancement of the discipline of law. According to its Constitution, the Australian Academy of Law comprises individuals of exceptional distinction from a ...

with effect from 1 July 2020. In 2020, Robertson was appointed an Honorary Professor at the College of Law,

. 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. He delivered his report on 31 August 2020, making 10 recommendations as to how the systems and framework governing the Commission should be amended. In November 2020, Robertson gave the 2020 Spigelman Oration to the

. He spoke on the topic of ''Supervising the legal boundaries of executive powers''. This has since been published. In December 2021, Robertson was appointed to the part-time office of Deputy Chair of the New South Wales Electoral Commission. 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. 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. 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. 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.https://ministers.ag.gov.au/media-centre/expert-advisory-group-guide-reform-australias-system-administrative-review-17-02-2023

References

{{DEFAULTSORT:Robertson, Alan Judges of Australian superior courts 1950 births Living people