[4] Every judge had a concurrent appointment in the Federal Court.

[5] Despite the transfer of jurisdiction, any existing matter or appeal from an existing matter remained in the Industrial Relations Court of Australia,[6] with the result that the last case was not finally disposed of until 2005/6.

[12] The creation of a specialist court was controversial,[13] with academics Breen Creighton and Andrew Stewart stating that it was not clear that the creation of the court would serve any useful purpose.

[14] One of those opposed to the creation of the court was Federal Court judge Murray Wilcox who was subsequently offered appointment as Chief Justice.

Wilcox reminded the Attorney-General, Michael Lavarch, of his opposition, to which Lavarch responded that Wilcox's knowledge of the pitfalls would help the court to avoid them.