Suppose you are a barrister who has been contacted by the Commonwealth Attorney-General’s
Department and asked whether you would be willing to accept a judicial appointment to the Federal
Court of Australia. You currently earn a substantial income as a respected silk at the Sydney Bar, and
you are concerned about how a judicial appointment might affect your future livelihood. You decide
to do some research on the remuneration of judges.
1. Identify the statute that specifies the salary and allowances of judges of the Federal Court?
(1 mark)
2. The law prevents the salary of a Federal Court judge from being reduced during his or her
term of office. Identify two legal sources of this prohibition (2 marks).
3. What is the name of the body that determines the salary of Federal Court judges, and what
Act establishes that body? (2 marks)
4. Name the current instrument that determines the salary of a Federal Court judge (other than
the Chief Justice), and the quantum of that salary. (2 marks)
5. Name the Act that specifies the pension to which a Federal Court judge is entitled upon
attaining 60 years of age and completing 10 years of service. On what date did that Act first
come into operation? (2 marks)
6. The Act referred to in Q5 has been amended to permit a ‘spousal’ pension to be paid to a
judge’s same-sex partner upon the judge’s (or former judge’s) death. Identify this amending
Act. (1 mark)
7. On what date was the Bill for the Act referred to in Q6 read for the second time in the House
of Representatives? Name the Minister who read the Second Reading Speech. (2 marks)
8. In the Second Reading Speech referred to in Q7, the Minister made reference to an influential
report that underpinned the reforms. Name the author and title of that report. (2 marks)
9. What specific legislative provision authorises the Executive to make subsidiary legislation
dealing with the topic of federal judicial pensions? (1 mark)
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