North Australian Aboriginal Legal Aid Service Inc v Bradley [2002] FCAFC 297

FEDERAL COURT OF AUSTRALIA

North Australian Aboriginal Legal Aid Service Inc v Bradley [2002] FCAFC 297 COURTS AND JUDGES – validity of appointment of Chief Magistrate of Northern Territory – whether appointment invalid as failing to secure judicial independence - where remuneration and allowances fixed by Special Determination for two years. ADMINISTRATIVE LAW – judicial review – application by North Australian Aboriginal Legal Aid Service Inc for declaration that appointment of Chief Magistrate of Northern Territory invalid – whether appointment of Chief Magistrate made for an improper purpose – whether purported exercise of power to appoint Chief Magistrate was ultra vires. STATUTES – legislation conferring power upon Administrator to determine remuneration and allowances for magistrates – whether power of appointment limited to an appointment for which there is a valid determination – whether valid determination cannot be limited as to time – whether legislation manifests intention on part of legislature to secure judicial independence – Magistrates Act 1977 (NT). CONSTITUTIONAL LAW – judicial power of the Commonwealth – whether Territory courts exercise federal jurisdiction – whether implication in Chapter III of the Constitution that Territory courts be perceived to be free from legislative or executive interference – whether implication applies to the remuneration and tenure of Territory magistrates – application of principles in Kable v Director of Public Prosecutions (NSW) to Territory courts. COSTS – whether primary judge erred in failing to consider that factual claims of appellant arguable – whether primary judge erred in failing to consider that resolution of claims a matter of public interest and not assisted by failure of respondents to call appropriate evidence.