Quach v New South Wales Civil and Administrative Tribunal [2019] NSWCA 49

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Quach v New South Wales Civil and Administrative Tribunal [2019] NSWCA 49 Hearing dates: 12 March 2019 (on the papers) Decision date: 20 March 2019 Before: Gleeson JA at [1] Leeming JA at [17] McCallum JA at [18] Decision: Dismiss the notice of motion filed 29 August 2018. Catchwords: JUDGMENTS AND ORDERS – Court of Appeal – Judges of Appeal – Appointment, tenure and remuneration – Whether Court of Appeal invalidly constituted so as to invalidate orders – Whether s 72 Commonwealth Constitution governs the maximum permissible age of judges of State Supreme Courts Legislation Cited: Commonwealth Constitution, ss 71, 72 Constitution Alteration (Retirement of Judges) Act 1977 (Cth), s 2 Constitutional Alteration (Referendums) 1977 Judiciary Act 1903 (Cth), s 39(2), 78B Justice Legislation Amendment Act (No 3) 2018 (NSW), Sch 2, Cl 2.8, Item [2] Supreme Court Act 1970 (NSW), ss 37, 37(4A) Vexatious Proceedings Act 2008 (NSW), ss 3(1), 8(7)(a), 8(7)(b), 9(1), 9(4) Cases Cited: Forge v Australian Securities and Investments Commission (2006) 228 CLR 45; [2006] HCA 44 Kable v The Director of Public Prosecutions for the State of New South Wales (1996) 189 CLR 51 Quach v New South Wales Health Care Complaints Commission; Quach v New South Wales Civil and Administrative Tribunal [2017] NSWCA 267 Quach v New South Wales Health Care Complaints Commission; Quach v New South Wales Civil and Administrative Tribunal [2018] NSWCA 175 Category: Principal judgment Parties: Michael Quach (Applicant) NSW Civil and Administrative Tribunal (First Respondent) NSW Health Care Complaints Commission (Second Respondent) Representation: Counsel: Self-represented (Applicant)