Judges to disclose membership to Qantas’ secretive Chairman’s Club under new public register

The federal court has announced a huge change after news.com.au revealed that every current judge is a member of Qantas’ secretive Chairman’s lounge.

EXCLUSIVE

The Federal Court will establish a public register for judges to disclose membership of Qantas Chairman’s Club.

The move follows revelations that every current judge is a member of Qantas’ secretive Chairman’s Lounge, an invitation-only club that offers its members free champagne, steak dinners and flight upgrades that can be worth thousands of dollars.

News.com.au does not suggest any wrongdoing by judges or that judges have accepted flight upgrades, only that they are offered to members and members’ spouses and families.

In fact, the High Court points out that judges fly business class domestically and first class for international flights for work courtesy of taxpayers as a matter of policy.

After news.com.au contacted the Federal Court this week, it has resolved to establish a public register for judges, noting that no such disclosure requirements currently exist.

“Both domestic airlines, Virgin and Qantas, have offered at their discretion to Federal Court Judges membership to their invitation-only lounges,’’ a spokesman said.

“As members of a national court that sits around the country, Federal Court Judges travel regularly.

“The lounges offer spaces for Judges to continue with their court preparation and work as they travel, in confidential settings.

The Federal Court will establish a public register for judges to disclose membership of Qantas Chairman’s Club. Picture: Supplied

“It is a matter for each Judge whether or not they take up membership. Many do.”

The Federal Court said that having considered the matter, it did believe that better guidelines for disclosure would be useful.

“It is a matter for each judge whether they consider it appropriate to disclose lounge membership or membership of any frequent flyer program having regard to the nature of the issues raised in a particular case,’’ a spokesperson said.

“However, in the interests of further transparency, the Court will request all judges to indicate whether they have taken up lounge membership for the purpose of publicly disclosing that information going forward. The Court has no records of whether individual judges have been upgraded and is unaware of the customary flight upgrades to which you refer.”

Every current judge is a member of Qantas’ secretive Chairman’s Lounge, which offers free champagne, steak dinners, and flight upgrades worth thousands of dollars. Picture: Lucas Muro

The Federal Court is set to consider the ACCC’s claim that Qantas continued selling tickets to 8,000 “ghost flights” even after they had been cancelled.

The Federal Court’s gifts and benefits register already lists Qantas Chairman’s Lounge membership of several public servants, including CEO and Principal Registrar Sia Lagos but not judges.

Described as “the most exclusive club in the country,” the invitation-only airport club is famed as part of Qantas’ “soft power” diplomacy with political leaders, judges, current and former prime ministers, and senior public servants invited to enter the door discretely marked “private” at the Qantas lounge.

The High Court found this week that Qantas acted illegally when it sacked 1,700 ground crew staff members during the Covid-19 pandemic.

TWU members after this week’s High Court ruling. Picture: NCA NewsWire / Martin Ollman

A spokesperson for the High Court said the parties involved were all aware of the Chairman’s club membership, and “no objection was raised”.

“Each of the Justices is a member of the Chairman’s Lounge,’’ the spokesperson said.

“The parties to the Qantas matter presently before the Court (and in which judgment is being delivered to tomorrow) were informed of this fact prior to the hearing and no objection was raised.

“Membership is declared on the Justices’ register of gifts (they are required to declare gifts over $200).”

But Geoffrey Watson SC, a former counsel assisting ICAC and the Police Integrity Commission and a Lecturer in Ethics, Law and Justice at the University of Technology Sydney, said that didn’t prove that membership for judges was a non-issue.

In his opinion, judges should not accept the freebie.

“They shouldn’t accept it at all,’’ he said.

Judges fly business class domestically and first class for international flights for work courtesy of taxpayers as a matter of policy.

“It’s hard to imagine that a judge would be influenced in some cases because of the impact upon his or her share portfolio, for example. I mean, it’s ridiculous. It’s laughable.

“But conflicts of interests are tested by the potential perception, not by the result.

“I just don’t think it’s appropriate that a judge would take something from a regular litigant.”

Some guides to judicial conduct raise concerns about the provision of gifts.

For example, the Australasian Institute of Judicial Administration Incorporated (“AIJA”) states it is necessary to draw a distinction between accepting gifts in a personal capacity unrelated to judicial office and gifts which in some way relate, or might appear to relate, to judicial office.

“It is only in the latter category that acceptance of gifts or other benefits needs careful consideration,’’ it states.

“Some benefits which may well be legitimate marketing or promotional activities may nevertheless cause difficulties. Refusal of such a benefit may seem churlish or even offensive if it imputes or implies improper motives, but the short answer is that there is no good reason why judges should receive free benefits that others have to pay for.”