High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJ
NORTH AUSTRALIAN ABORIGINAL LEGAL AID
SERVICE INC APPELLANT
AND
HUGH BURTON BRADLEY & ANOR RESPONDENTS
North Australian Aboriginal Legal Aid Service Inc v Bradley
[2004] HCA 31
17 June 2004
D2/2003
ORDER
Appeal dismissed.
On appeal from the Federal Court of Australia
Representation:
S J Gageler SC with A R Moses and P D Keyzer for the appellant (instructed by Geoff James)
No appearance for the first respondent
T I Pauling QC, Solicitor-General for the Northern Territory, with P J Hanks QC for the second respondent (instructed by Solicitor for the Northern Territory)
Interveners:
D M J Bennett QC, Solicitor-General of the Commonwealth, with C J Horan intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)
M G Sexton SC, Solicitor-General for the State of New South Wales, with M J Leeming intervening on behalf of the Attorney-General for the State of New South Wales (instructed by Crown Solicitor for the State of New South Wales)
C J Kourakis QC, Solicitor-General for the State of South Australia, with C D Bleby intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor of the State of South Australia)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
North Australian Aboriginal Legal Aid Service Inc v Bradley
Statutes – Construction – Magistrates Act (NT), s 6 – Requirement that a magistrate be paid such remuneration and allowances as determined from time to time by the Administrator – Respondent appointed Chief Magistrate with 11 years to serve before age of compulsory retirement – Initial determination of remuneration by Administrator limited to a two year period – Whether appointment valid pursuant to Magistrates Act (NT).
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