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Report No. 80

3.5. Australia-State Courts.-

Each State in Australia has a Supreme Court and a system of subordinate courts with a variety of names. A distinguished writer1 has stated the position relating to the appointment of judges in these terms:-

"Supreme Court judges, like High Court justices are appointed by the executive,2 but can be removed only by the respective Parliaments No important party has ever advocated elective judges or magistrates."

As to State Courts in Australia, it has been stated3-

"State courts are created by State law; their existence depends upon State law; that law, primarily at least, determines the constitution of the court itself, and the organization through which its powers and jurisdictions are exercised."

1. Geoffrey Sawar Australian Government Today, 5th Edn.-revised (1957), p. 42.

2. Note the plural.

3. Le Mesurier v. Cannon, (1929) 42 CLR 481 (495-496).



Method of appointments of Judges Back




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