FEDERAL COURT OF AUSTRALIA

JUDGMENT SUMMARY

North Australian Aboriginal Legal Aid Service Inc v Bradley and Northern Territory of Australia [2002] FCAFC 297

The Honourable Chief Justice Black
The Honourable Justice Drummond
The Honourable Justice Hely

1. The Full Court has concluded that the Magistrates Act (NT) (“the Act”) provides for an impartial and independent magistracy in the Northern Territory, but the majority (Chief Justice Black and Justice Hely) agree with the primary judge that the determination made for the remuneration of Mr Bradley was not invalid, that it was within the power conferred upon the Administrator by the Act and that the arrangements of February 1998 for his remuneration did not result in an invalid appointment as Chief Magistrate.  Justice Drummond has dissented on this part of the appeal.  He would hold that the appointment was invalid and would allow the appeal.

2. All the Judges agree that no case of improper purpose has been made out. 

3. They also agree that the appointment of Mr Bradley was not invalid for any reason connected with Chapter III of the Constitution of the Commonwealth.

4. The majority have held that no error has been shown about the way in which the primary judge exercised his discretion to award costs against NAALAS on a reduced basis.

5. The appeal has therefore been dismissed with costs.

6.      This summary is intended to assist in an understanding of the outcome of this appeal.  Such summaries are commonly prepared by the Court in cases of general public interest, but they are not a substitute for the judges' reasons which remain the only authoritative statement of the Court.

7.      The reasons for judgment, and this summary, will be available on the internet at www.fedcourt.gov.au soon after the delivery of judgment.