Page 3464 - Week 11 - Thursday, 14 October 1993
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The Bill now incorporates that term as a means of simplifying the language of the Act. The resident judges are supplemented from time to time by "additional judges". At present 12 Federal Court judges hold appointments as additional judges. This is a useful arrangement to cope with the short-term demands for additional judicial resources that cannot be avoided in a small court system.
The class of acting judge is being created to give the court greater flexibility in such circumstances. For example, two of the resident judges have extensive entitlements to long service leave. It may not be possible for the Federal Court to release additional judges to cover the shortages on the Supreme Court when judges take such leave. The qualifications for appointment as an acting judge will be either that the person has been a judge of a superior court of record of the Commonwealth, a State or a Territory, or that the person has the same qualifications in terms of legal experience as presently apply for appointment as a resident judge - that is, he or she has been enrolled as a legal practitioner of the High Court or the Supreme Court of a State or Territory for not less than five years.
The second significant issue in the Bill is the composition of the court in proceedings involving the professional behaviour of barristers and solicitors. At present, the Act requires that all stages of such proceedings require a full bench of three judges. The Bill retains that provision but enables the Full Court, in appropriate circumstances, to delegate to a single judge the fact-finding part of the proceedings. Where the court does that, the Full Court would subsequently decide whether the facts as found amount to professional misconduct, and determine what penalty, if any, to impose. This arrangement will enable the court to handle such proceedings in a more flexible way, whilst at the same time retaining Full Bench supervision over the professional conduct of legal practitioners.
Thirdly, the Bill incorporates into the Act the substance of the Commonwealth Supreme Court (Arbitration) Ordinance. That ordinance enables the court to make rules of court for commercial arbitration proceedings. Since the transfer of the Supreme Court it is no longer appropriate for such matters to be addressed by Commonwealth legislation. The Commonwealth has agreed to repeal the ordinance upon passage of this Bill.
The next significant provision in the Bill is found in clause 19, which enables the Executive to extend the term of a person who occupies the office of Master of the Supreme Court. The Master handles much of the routine civil work of the court, leaving the judges to concentrate on the more complex civil matters and criminal proceedings. The present Master, Mr Alan Hogan, was appointed to the office in December 1989 for a term which ends when he turns 65. That will happen early next year. Mr Hogan has made a significant contribution to the administration of justice in the Territory. He is respected by the judiciary and the legal profession, and the public. Mr Hogan has indicated that he would be willing to accept a two-year extension to his term of appointment, and, on behalf of the Government, I thank him for that. Minor amendments made by clauses 17 and 18 will enable future appointments to the office of Master to be made to age 70, the same retiring age as judges.
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