Quach v New South Wales Health Care Complaints Commission; Quach v New South Wales Civil and Administrative Tribunal

[2018] NSWCA 175

NSW Court of Appeal

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Interrogate

Catchwords

1. Constitutional Law (Cth)
2. › Judicial power
3. › Courts created by the Parliament
4. › Maximum age of judges under s 72 of the Constitution
5. › Whether s 72 applies to judges of State Supreme Courts
6. › Whether State Supreme Courts are courts created by the Commonwealth Parliament
7. › Whether investment of federal jurisdiction in State courts makes them courts created by the Parliament
8. › Commonwealth Constitution, ss 1, 71, 72, 77
1. Practice and Procedure
2. › Vexatious proceedings orders
3. › Application to set aside vexatious proceedings order
4. › Whether leave required under s 14 of the Vexatious Proceedings Act 2008 (NSW) for application under s 9
5. › Relationship between general leave requirement and specific provision for variation or setting aside
6. › Vexatious Proceedings Act 2008 (NSW), ss 8, 9, 14

Quick Take

Section 72 of the Commonwealth Constitution, including its maximum age provision for judges, applies only to courts created by the Commonwealth Parliament and has no application to State Supreme Courts, even where those courts have been invested with federal jurisdiction under s 39(2) of the Judiciary Act 1903 (Cth).