Catherine Branson

The Hon Catherine Margaret Branson is a Justice of the Federal Court of Australia.

Pre-judicial career

Branson graduated from the University of Adelaide with a Bachelor of Arts and Bachelor of Laws. She was Crown Solicitor of South Australia from 1984-1989. [Federal Court of Australia, [http://www.fedcourt.gov.au/aboutct/branson.html Justice Branson] ]

Branson was appointed Queen's counsel in 1992, practicising in South Australia.

Judicial activity

Branson was appointed to the Federal Court of Australia on 16 May 1994, sitting in the Sydney registry since 1996. Her notable judgments include:

*"NTEIU v University of Wollongong" [ [2001] [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/federal_ct/2001/1069.html?query=steele%20and%20branson&nocontext FCA 1069] ] : Justice Branson upheld a case of unfair dismissal brought by an academic who was dismissed after alleging his employer, the University of Wollongong, engaged in 'soft-marking' of full fee-paying students. [Australian Broadcasting Commission, [http://www.abc.net.au/worldtoday/stories/s343143 'Federal Court rules in Ted Steele's favour] , transcript of 'The World Today', 8 August 2001] . The judgment was upheld on appeal to the Full Bench of the court. ["University of Wollongong v NTEIU" [2002] [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/federal_ct/2002/360.html?query=steele%20and%20branson&nocontext FCA 360] .]
*"Jones v Toben" [ [2002] [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/federal_ct/2002/1150.html?query=toben%20and%20branson&nocontext FCA 1150] ] : Justice Branson handed down the first judgment for a successful prosecution under the "Racial Discrimination Act 1975". Her Honour ruled that the defendant had published anti-semitic material on the internet, which was unlawful. The defendant sought to appeal [ [http://www.theage.com.au/articles/2002/10/23/1034561541675.html "Web racial hatred case heads back to court"] , The Age, 23 October 2002] , but the appeal was dismissed by the Full Bench of the court. ["Toben v Jones" [2003] [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCAFC/2003/137.html?query=jones%20and%20toben&nocontext FCAFC 137] ]
*"CPSU v Commonwealth" [ [2007] [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/federal_ct/2007/1397.html?query=branson%20and%20cpsu&nocontext FCA 1397] ] : Justice Branson ruled the Department of Employment and Workplace Relations had breached the "Workplace Relations Act 1986" (legislation it administered) by advising other Commonwealth departments to refuse leave to employees to attend a national protest against workplace relations reforms. Senior public servants were criticised in the judgment for their evidence to the court and for putting political interests ahead of public service independence. [ [http://www.abc.net.au/news/stories/2007/09/07/2026498.htm "Govt actions against anti-WorkChoices rally 'illegal'"] , ABC News, 7 September 2007]

Justice Branson has been mentioned as a candidate to be appointed to the High Court of Australia. [Michael Pelly, [http://www.smh.com.au/news/national/mchughs-angels-10-women-fit-for-high-court-says-top-judge/2005/08/18/1123958182102.html McHugh's angels: 10 women fit for High Court, says top judge] , The Sydney Morning Herald, 19 August 2005.] [Fergus Shiel, [http://www.theage.com.au/articles/2003/11/24/1069522537073.html "Outsider tipped to be new chief justice"] , The Age, 25 November 2003] However, in recent years, Dyson Heydon, Susan Crennan and Susan Kiefel have each been preferred.

References