Quach v New South Wales Civil and Administrative Tribunal

[2019] NSWCA 49

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Vexatious proceedings
3. › Application to set aside vexatious proceedings order
4. › Whether application materially different from earlier unsuccessful application
5. › Vexatious Proceedings Act 2008 (NSW), s 9(1), s 9(4)
1. Constitutional Law (Cth)
2. › Judicial power
3. › Appointment, tenure and remuneration of judges
4. › Whether s 72 Commonwealth Constitution governs maximum permissible age of judges of State Supreme Courts
5. › Whether investment of federal jurisdiction in State courts makes them courts created by Commonwealth Parliament
6. › Commonwealth Constitution, ss 71, 72

Quick Take

This case confirms the settled position that s 72 of the Commonwealth Constitution does not govern the maximum age of judges of State Supreme Courts, and that investment of federal jurisdiction in State courts does not make them courts created by the Commonwealth Parliament.

Case Details

Citation[2019] NSWCA 49

CourtNSWCA

JurisdictionNew South Wales

Unlock so much more with Barrister AI

The full text is available to signed-in members, including the 6 later cases that cite this judgment.

1 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.

Cited by6

2023Quach v Australian Health Practitioner Regulation Agency (Extension of Time)FCA 578
2022Quach v New South Wales Civil and Administrative Tribunal (No 2)NSWCA 177
2022Quach v Civil and Administrative Tribunal of New South WalesNSWSC 1091
2020Quach v New South Wales Civil and Administrative TribunalNSWCA 295
and 2 more after sign-in

Relies on4

Create free account

Already have an account? Sign in