Baker v Commonwealth of Australia [2012] FCAFC 121

Baker v Commonwealth of Australia [2012] FCAFC 121

The Court unanimously held that the exclusion of Federal Magistrates from the judicial pension scheme by virtue of Schedule 18 to the Amendments Act was not contrary to s 72(iii) of the Constitution nor to the structure and purpose of Ch III. The Parliament is not constitutionally required to provide federal magistrates with a non-contributory, post-retirement, life-long pension; the remuneration arrangements, including superannuation (even if inferior), and other institutional safeguards, do not undermine judicial independence. There is no real risk of reasonable apprehension of partiality or dependence, and the challenged amendments did not diminish any entitlement of sitting judges as...

Parties
Applicant: Barbara Avalon Baker; Applicant: Evelyn Ruth Bender; Applicant: James Harold Brewster; Applicant: Phillip Donald Burchardt; Applicant: Michael John Francis Burnett; Applicant: Giles Anthony Coakes; Applicant: Michael Kevin Connolly; Applicant: Anne Elizabeth Demack; Applicant: Norah Helene Hartnett; Applicant: Louise Helen Henderson; Applicant: Kate Helena Hughes; Applicant: Charlotte Marie Simeon Kelly; Applicant: Stuart Hamilton Lindsay; Applicant: Terrence John McGuire; Applicant: Daniel Patrick O'Dwyer; Applicant: Maurice Beaumont Phipps; Applicant: Grant Theo Riethmuller; Applicant: Heather Margaret Riley; Applicant: Stuart Alden Roberts; Applicant: Jeffrey Frank Edward Turner; Applicant: John Myer Walters; Applicant: Dominica Mary Whelan; Applicant: Ronald David Curtain; Applicant: Matthew David Myers; Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
31 August 2012
Procedural Posture
Constitutional Law – Special Case / Full Court, Final Judgment
Outcome
Applicants' relief refused. Applicants to pay the Commonwealth's costs.
Legal Topics
Judicial Pensions, Judicial Independence, Remuneration of Federal Magistrates, Validity of Legislation Under Constitution S 72
Constitutional Law Judicial Pensions Judicial Independence Remuneration of Federal Magistrates Validity of Legislation Under Constitution S 72

Case Brief

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Parties

Barbara Avalon Baker

Applicant

Evelyn Ruth Bender

Applicant

James Harold Brewster

Applicant

Phillip Donald Burchardt

Applicant

Michael John Francis Burnett

Applicant

Giles Anthony Coakes

Applicant

Michael Kevin Connolly

Applicant

Anne Elizabeth Demack

Applicant

Norah Helene Hartnett

Applicant

Louise Helen Henderson

Applicant

Kate Helena Hughes

Applicant

Charlotte Marie Simeon Kelly

Applicant

Stuart Hamilton Lindsay

Applicant

Terrence John McGuire

Applicant

Daniel Patrick O'Dwyer

Applicant

Maurice Beaumont Phipps

Applicant

Grant Theo Riethmuller

Applicant

Heather Margaret Riley

Applicant

Stuart Alden Roberts

Applicant

Jeffrey Frank Edward Turner

Applicant

John Myer Walters

Applicant

Dominica Mary Whelan

Applicant

Ronald David Curtain

Applicant

Matthew David Myers

Applicant

Commonwealth of Australia

Respondent

Procedural Posture

Constitutional Law – Special Case / Full Court, Final Judgment

Legal Issues

  1. 1 Whether exclusion of Federal Magistrates from post-retirement pensions under Judges' Pensions Act breaches Ch III of the Constitution
  2. 2 Whether legislation requires provision of life-long, certain, non-contributory judicial pension to federal magistrates to ensure judicial independence
  3. 3 Whether s 72(iii) of the Constitution is breached by the legislative scheme in force

Ratio Decidendi

The Court unanimously held that the exclusion of Federal Magistrates from the judicial pension scheme by virtue of Schedule 18 to the Amendments Act was not contrary to s 72(iii) of the Constitution nor to the structure and purpose of Ch III. The Parliament is not constitutionally required to provide federal magistrates with a non-contributory, post-retirement, life-long pension; the remuneration arrangements, including superannuation (even if inferior), and other institutional safeguards, do not undermine judicial independence. There is no real risk of reasonable apprehension of partiality or dependence, and the challenged amendments did not diminish any entitlement of sitting judges as...

Court Disposition

Applicants' relief refused. Applicants to pay the Commonwealth's costs.

Orders

  • Applicants not entitled to the relief sought in the amended application and second further amended statement of claim.
  • Applicants to pay the Commonwealth's costs as taxed or agreed in respect of the Special Case and prior proceedings.