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Supreme Court Act 1959
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Explain section 4 Appointment of Associate Judge
[Section 4 Substituted by No. 92 of 1974, s. 3 ]
(1) [Section 4 Subsection (1) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008]
(2) [Section 4 Subsection (2) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] [Section 4 Subsection (2) substituted by No. 9 of 2016, s. 10, Applied:10 Jun 2016]
(a) is an Australian lawyer of no less than 10 years' standing who has attained the age of 35 years; or
(b) is, or has been, a judge of –
(i) the Federal Court of Australia; or
(ii) the Family Court of Australia; or
(iii) the Supreme Court of another State or a Territory; or
(iv) the High Court of New Zealand; or
(v) the Supreme Court of New Zealand; or
(c) is, or has been, appointed as a magistrate under the Magistrates Court Act 1987 .
(3) [Section 4 Subsection (3) omitted by No. 15 of 1975, s. 3 ]**[Section 4 Subsection (3) inserted by No. 45 of 1996, s. 7 ] [Section 4 Subsection (3) omitted by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] [Section 4 Subsection (3) substituted by No. 9 of 2016, s. 10, Applied:10 Jun 2016] Supreme Court Amendment (Judges) Act 2016 , is not invalid by reason only that the person did not hold the qualifications required under this Act as in force at the time of the appointment.
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(a) to have been validly made on the relevant day; and
(b) to have always been validly made on the relevant day; and
(c) to have been validly made before the person served as, or performed or exercised a function, duty or power of, Associate Judge under any Act –
and no action taken or omitted to be taken by the person after such an appointment is invalid by reason only that, at the time when the action was taken or omitted to be taken, this section was not in force.
(4A) [Section 4 Subsection (4A) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] [Section 4 Subsection (4A) inserted by No. 91 of 1999, s. 80, Applied:15 Dec 1999] [Section 4 Subsection (4A) substituted by No. 52 of 2002, s. 25, Applied:27 Nov 2002] subsection (4) , the Associate Judge may elect, in writing to the Secretary, at any time but not more than once in a period of one year, that the salary determined in accordance with this section may be provided –
(a) [Section 4 Subsection (4A) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008]
(b) [Section 4 Subsection (4A) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005]
Section 4 - Supreme Court Act 1959 - Appointment of Associate Judge | Zoe