Richard C Kenzie AM KC

Call 1973 / Silk 1984

Background

One of the founding members of State Chambers, Richard is a leading Senior Counsel specialising in employment and constitutional law. Since being appointed Senior Counsel in 1984, Richard has acquired a wealth of experience across all areas of public and administrative law, and employment law, before various superior Courts throughout Australia.

Over a 40-year period, Richard has appeared as Senior Counsel before the High Court of Australia in a large array of cases, including highly significant constitutional and administrative law cases, as well as other leading cases on employment, human rights and Commonwealth election law. He also has a long and extensive history of appearing before the Federal Court of Australia in cases arising under the Fair Work Act and earlier Federal Industrial legislation.

Between 1995 and 2014, a period spanning almost two decades, Richard was the Commonwealth Defence Force Advocate appointed under the Defence Act (Cth) to advise the Chief of the Defence Force and to appear on behalf of the ADF before the Defence Force Remuneration Tribunal in relation to matters concerning the remuneration of military personnel.

In 2011, Richard was appointed as a Member of the Order of Australia in recognition of distinguished service to the law, particularly in the area of military remuneration. Richard holds a Master of Laws from Harvard University, and a Master of Laws and Bachelor of Laws (with First Class Honours) from the University of Melbourne.

Principal Areas Of Practice

Select Matters

Constitutional Cases – High Court

Employment & Industrial Cases

  • R v Ludeke; ex parte Queensland Electricity Commission (1985) 159 CLR 178
  • R v Ludeke; ex parte ABCELF (1985) 159 CLR 636;
  • Re Manufacturing Grocers Employees’ Federation; ex parte Australian Chamber of Manufacturers (1986) 160 CLR 341
  • O’Toole v Charles David Pty Ltd (1991) 171 CLR 232
  • Re Australian Meat Industry Employees’ Union; ex parte Aberdeen Beef Company Pty Ltd (1993) 176 CLR 154
  • Australian Education Union v Victoria (1995) 184 CLR 188
  • Re McJannett; ex parte Minister for Employment, Training and Industrial Relations (Qld) (1995) 184 CLR 620
  • Attorney General v Riordan (1997) 192 CLR 1
  • Pacific Coal Pty Ltd; ex parte CFMEU (2000) 203 CLR 346
  • PP Consultants Pty Ltd v Finance Sector Union (2000) 201 CLR 648
  • Attorney General (Qld) v AIRC (2002) 213 CLR 485
  • Australian Education Union v General Manager of Fair Work Australia & Ors (2012) 246 CLR 117.

Human Rights Cases

  • Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273
  • Koroitamana v The Commonwealth (2006) 227 CLR 31

Commonwealth Electoral Cases

  • Re Wood (1988) 167 CLR 133
  • Nile v Wood (1988) 167 CLR 145

Other Significant High Court Cases

  • Re Australian Transport Officers Federation; ex parte AIRC (1990) 171 CLR 216
  • Batterham v QSR Ltd (2006) 225 CLR 237
  • Jarrett v Commissioner of Police (NSW) (2005) 224 CLR 44
  • Bendigo Institute v Barclay (2012) 248 CLR 500
  • Commonwealth Bank v Barker (2014) 253 CLR 169

Selected Recent Appellate Cases of Significance under the Fair Work Act (Cth)

  • United Firefighters Union of Australia v United Firefighters Union of Employees (Qld) [2022] FCA 145
  • United Firefighters Union of Australia v Country Fire Authority [2015] FCAFC 1
  • Port Kembla Coal Terminal v CFMEU [2016] FCAFC 99

Selected NSW Employment Cases

  • Re Crown Employees (Police Officers – 2009) Award (2012) 220 IR 1
  • Re Crown Employees (Teachers) Salaries Award (2004) 133 IR 254
  • Re Public Hospital Nurses (State) Award (No 1) (2002) 115 IR 183
  • Re Public Hospital Nurses (State) Award (No 2) (2002) 118 IR 336
  • Re Public Hospital Nurses (State) Award (No 3) (2002) 121 IR 28
  • Re Public Hospital Nurses (State) Award (2003) 131 IR 17
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