Neil McKerracher is an Australian lawyer and former judge of the Federal Court of Australia, based in Perth, Western Australia. He was admitted to the bar in 1975, took silk in 1997, and served on the Federal Court from 2007 until 2021, after which he worked as a mediator and arbitrator.
Background
McKerracher's professional life was centred in Perth, the capital of Western Australia, on the south-western coast of the Australian continent.
He completed his law degree at the University of Western Australia and was admitted to the bar in Western Australia in 1975. Western Australia's legal system formed the setting for his early training and the first stage of his career.
Over the course of his career he was involved in cases spanning native title, intellectual property, administrative, corporate, and maritime law, according to a 2021 speech given at his Federal Court ceremonial sitting.
Education
McKerracher studied at the University of Western Australia, where he completed a Bachelor of Laws degree. The university was established by an act of the Western Australian Parliament in 1911 as the state's first university, and it opened in 1913 with 184 students. Its initial faculties were Engineering, Science, and Arts, and its law school was established in the late 1920s.
He was admitted to the bar in Western Australia in 1975, marking the transition from legal study to practice. Francis Burt Chambers records 1990 as the year he was elected to the bar and 1997 as the year he was appointed Senior Counsel.
Career
McKerracher's documented career began in private practice as a partner of Robinson Cox, a Perth law firm. The firm's antecedents date to Albany, where a partnership formed in the late 1880s later traded under names including Robinson & Cox and Robinson, Cox & Wheatley. Its records describe it as one of the oldest legal firms in Australia in terms of continuity.
He later held several judicial and quasi-judicial appointments in Western Australia. These included acting Commissioner of the Corruption and Crime Commission, a body established in 2004 to investigate serious misconduct in the public sector, and Senior Sessional Member of the State Administrative Tribunal, which began operating in 2005. He also served as a Commissioner, acting as a judge, of the Supreme Court of Western Australia. At the Commonwealth level he sat as a Judicial Member of the Administrative Appeals Tribunal, which was established in 1976 to review administrative decisions, and he served in a Judicial Deputy President role there.
He was appointed to the Federal Court of Australia in October 2007 and retired in December 2021. The court, which began operating in 1977, hears federal matters across Australia. During his tenure he delivered some 940 appellate and single-instance written judgments in commercial and other matters.
After leaving the Federal Court he returned to Francis Burt Chambers in Perth as a door tenant. He practises there solely as a mediator and arbitrator and does not provide legal advice or representation.
Achievements
Delivered some 940 appellate and single-instance written judgments during more than fourteen years on the Federal Court of Australia, covering commercial and other matters.
Chaired the UNCITRAL Organizing Committee of Australia, linked to the work of the United Nations Commission on International Trade Law, which was established in 1966.
Represented the International Judges' Association in UNCITRAL working groups from 2019 to 2022, where a draft international maritime treaty was negotiated.
Membership
McKerracher's memberships were connected with judicial administration, international trade law, and dispute resolution. He represented the Federal Court on the executive of the Australian Judicial Officers' Association, an organisation for judicial officers. He also served on the executive committee of the Judicial Conference of Australia, a body that brings together Australian judicial officers.
He chaired the UNCITRAL Organizing Committee of Australia. UNCITRAL, the United Nations Commission on International Trade Law, was established in 1966 to harmonise and modernise international trade law. From 2019 to 2022 he represented the International Judges' Association in UNCITRAL working groups. He also served for 15 years as a director, chairman, and deputy chairman of WA Bar Chambers Ltd.
Represented the Federal Court on the association's executive
Australian Judicial Officers' Association
,
Australia
Member of the executive committee
Judicial Conference of Australia
,
Australia
Chairman
UNCITRAL Organizing Committee of Australia
,
Australia
Represented the association in UNCITRAL working groups
International Judges' Association
2019 - 2022
Director, chairman, and deputy chairman over a period of 15 years
WA Bar Chambers Ltd
,
Australia
Connections
McKerracher's documented professional connection includes Julie Bishop, who had worked with him at Robinson Cox. When he was sworn in as a judge, she was serving as Minister for Education, Science and Training and spoke at the ceremony, according to a 2021 speech delivered at his Federal Court ceremonial sitting.
Collegue :
Julie Bishop
Worked with McKerracher at Robinson Cox; as Minister for Education, Science and Training, she spoke at his swearing-in as a judge.
The Hon Neil McKerracher KC
Francis Burt Chambers profile recording his year of admission to the bar (1975), election to the bar (1990), appointment as Senior Counsel (1997), and his Federal Court appointment and retirement.
Hon. Neil McKerracher KC - Investment Advisory Panel Member
Profile describing his work as a mediator and arbitrator, his Federal Court service from 2007 to 2021, and his roles with the Administrative Appeals Tribunal and other Western Australian bodies.
