List of Australian judges whose security of tenure was challenged


, leaving a judge free from improper influence resulting from an unjustified threat of removal, is generally said to be an important feature of judicial independence in Australia. The emergence of responsible government in the Australian colonies in the 19th century saw the emergence of judicial independence, such that by Federation in 1901, federal judges and supreme court judges accused of judicial misconduct could, generally, only be removed from office as a result of an address passed by the relevant houses of parliament.
NameJurisdictionCourtDateResultCommentsNotes
NSW11.12.1816RemovedThe Colonial Secretary, Earl Bathurst, had decided to remove Bent in January 1816. This had not been received NSW when Governor Lachlan Macquarie issued a Government Order which declared him to be 'positively and absolutely removed from his appointment'. Bent was subsequently appointed Chief Justice of Grenada , of St Lucia and of British Guiana from 1836 until his death in 1852.
24 6 1843RemovedWillis was notified on 24 June 1843 that he had been by Governor Gipps, however the Privy Council subsequently held that while there were sufficient grounds for his removal, he should have been given an opportunity to be heard. His appointment was revoked by Queen Victoria in August 1846.
31.12.1847RemovedMontagu was removed by Lieutenant-Governor Sir William Denison after an economic depression left him “financially embarrassed”. Montague used his judicial office to obstruct a creditor from recovering a debt and dismissed a case where he had overdue debts owed to the two 2 defendants. The Privy Council held there were procedural issues, but that his dismissal was justified. Legal academic David Clark stated in 2013 that the real reason for Montague's removal was his decision that the Dogs Act, which imposed a tax, was invalid.
SA29 7 1867RemovedThere were a number of attempts to have Benjamin Boothby removed by the Colonial Office however these were rebuffed. It was then decided in South Australia that the Governor could remove him and Boothby got a hearing of sorts, which descended into farce, including the prosecutor giving evidence against Boothby. He appealed to the Privy Council and one of his challenges was that he had been appointed by the Colonial Secretary and so the Governor had no power to remove him, however Boothby died before it was heard.
NSW5 10 1876Reprimanded & expenses deducted from salaryOver a number of years Meymott had failed to attend various courts in the northern district. The Executive Council decided not to remove the judge and instead admonished and reprimanded Meymott and deducted the expenses of a replacement from his judicial salary. In the Supreme Court the majority, Martin CJ & Faucett J, held that there was no power to reduce a judge's salary and that the only way to deal with misconduct by a judge was to remove them.
NSW5 11 1880RemovedThere was a Royal Commission into Meymott's conduct which recommended that he be removed from office. Meymott was given an opportunity to appear before the Governor Lord Augustus Loftus and he was removed.
Qld3 1 1878RemovedSamuel Griffith, the Attorney-General, suspended Hirst on charges that he was absent without leave, writing cheques without the funds to cover them and there were outstanding judgements for debts against him & he heard 3 cases in which he was the defendant concerning money demands & where he had no defence. On 5 January 1878 the Gazette announced that the Governor, with the advice of the Executive Council,had been pleased to remove him.
WANot removedIn 1887 Governor Broome "interdicted" Onslow from his functions as Chief Justice, for the alleged premature and improper publication of correspondence, confirmed by the Executive Council and placed half-pay. The Secretary of State for the Colonies, Lord Knutsford, reinstated but censured him. In 1888 Onslow awarded large damages against the West Australian Newspaper for libel. The proprietors were members of the legislative council and there were further attempts to remove him. When these were unsuccessful they then attempted, unsuccessfully, to swap him, with the Chief Justice of Cyprus.

NSW31.12.1918Compulsorily retiredJudges who had been appointed at a time when there was no judicial retirement age were compulsorily retired on as a result of the Judges Retirement Act 1918. This affected not only these 3 judges but also others such as Supreme Court judge Richard Sly and District Court judges Hugh Hamilton and Alfred Backhouse.
NSW31.12.1918Compulsorily retiredJudges who had been appointed at a time when there was no judicial retirement age were compulsorily retired on as a result of the Judges Retirement Act 1918. This affected not only these 3 judges but also others such as Supreme Court judge Richard Sly and District Court judges Hugh Hamilton and Alfred Backhouse.
NSW31.12.1918Compulsorily retiredJudges who had been appointed at a time when there was no judicial retirement age were compulsorily retired on as a result of the Judges Retirement Act 1918. This affected not only these 3 judges but also others such as Supreme Court judge Richard Sly and District Court judges Hugh Hamilton and Alfred Backhouse.
Qld31 3 1922Compulsorily retiredThere was animosity between the government and the judges and the parliament passed the Judges Retirement Act 1921 which required the three judges to retire on the day it commenced.
Qld31 3 1922Compulsorily retiredThere was animosity between the government and the judges and the parliament passed the Judges Retirement Act 1921 which required the three judges to retire on the day it commenced.
Qld31 3 1922Compulsorily retiredThere was animosity between the government and the judges and the parliament passed the Judges Retirement Act 1921 which required the three judges to retire on the day it commenced.
Commonwealth1 2 1977Removed from dutiesIn 1977 the jurisdiction of the Australian Industrial Court was transferred to the new Federal Court. All but two judges were appointed to the new court. The security of tenure of the remaining judges, Dunphy and Joske, was protected however they had little judicial work to do. Joske retired at the end of 1977, however Dunphy remained despite pressure from parliament for him to retire. Dunphy retired at the end of 1982.
Commonwealth1 2 1977Removed from dutiesIn 1977 the jurisdiction of the Australian Industrial Court was transferred to the new Federal Court. All but two judges were appointed to the new court. The security of tenure of the remaining judges, Dunphy and Joske, was protected however they had little judicial work to do. Joske retired at the end of 1977, however Dunphy remained despite pressure from parliament for him to retire. Dunphy retired at the end of 1982.
Commonwealth28 2 1989Commission abolishedAs a deputy president of the commission Staples had the same rank and status as a Federal Court judge. Staples was isolated within the commission and the duties he was allocated were significantly reduced from 1979. He was not allocated any duties after 1985. In 1988 legislation was enacted which abolished the commission and replaced it with the Australian Industrial Relations Commission. Staples was the only former member who was not appointed to the new commission.
NSW26 9 1984Not guiltyFoord faced two charges of attempting to pervert the course of justice in relation to charges against solicitor Morgan Ryan, however on 20 September 1985 he was found not guilty and he returned to judicial duties.
NSWResigned on medical groundsIn September 1986 a report was published suggesting he had been lenient with clients of solicitor Morgan Ryan and he was suspended for the third time. In November 1986 he resigned due to ill health.
CommonwealthNot removedIn July 1985 Murphy was convicted of attempting to pervert the course of justice in relation to charges against solicitor Morgan Ryan, however this was quashed on appeal. On 28 April 1986 Murphy was found not guilty on a retrial. Parliament passed legislation to conduct a Parliamentary Commission of Inquiry, constituted by three retired judges, to examine "whether any conduct of the Honourable Lionel Keith Murphy has been such as to amount, in its opinion, to proved misbehaviour within the meaning of section 72 of the Constitution". In July 1986 Murphy announced he was dying of cancer and the legislation was repealed. Murphy died on 21 October 1986.
Qld8 6 1989RemovedThe allegations against Justice Vasta were not in relation to his conduct as a judicial officer, but rather that he had given false evidence at a defamation hearing; making and maintaining allegations that the then Chief Justice, Sir Dormer Andrews, Attorney-General Paul Clauson and Tony Fitzgerald QC had conspired to injure him; and income tax avoidance. He was removed by the Governor following a motion being passed by the parliament.
Qld20 7 1989Not removedThe inquiry centered around whether his decisions in the Police Complaints Tribunal were influenced by his friendship with the then Police Commissioner Terry Lewis who was later convicted of corruption. Lewis had also lobbied to have Pratt elevated to the Supreme Court. He was cleared of any impropriety, the government paid his costs and he returned to judicial duties.
NSWRetiredThe Judicial Commission report in March 1993 concluded that Wooldridge could be removed on the ground of incapacity. No action was taken in parliament prior to his retirement in September 1993.
NSW25.06.1998Not removedA report by the Judicial Commission, delivered on 15 May 1998, was critical of his performance as a judge, particularly the delay in delivering judgments. On 25 June 1998 the New South Wales Legislative Council voted 24 to 16 not to remove him. Justice Bruce resigned on 8 March 1999 after the outstanding judgments had been delivered.
NSWResignedThe Judicial Commission found that parliament could remove McDougall as being incapable of performing his judicial duties by reason of mental illness. The other 15 allegations could be seen as the product of that mental illness. The magistrate's 2nd resignation was accepted after the Judicial Commission report was tabled in parliament.
VicResignedKent was convicted of failing to submit tax returns prior to his appointment. An inquiry was arranged to consider whether to remove him as a judge however he resigned before it was conducted.
SAResignedLiddy was convicted of child sex offences but resigned without the need for an inquiry
WARetiredBennett-Borlase had lied about her age and continued to work 3 years past mandatory the retirement age of 65. As Bennett-Borlase was over 65 she was automatically removed
QldRemoved & reappointedFingleton was convicted of intimidation of a witness in 2002 however the conviction was quashed by the High Court in 2005, and she was reappointed as a magistrate
NSWResignedShaw crashed his car and was suspected of drink driving. A blood sample was taken in hospital but Shaw ended up with both samples. Shaw resigned after he was found to be four times over the legal limit saying he was not well enough to discharge the duties of his office. The Police Integrity Commission conducted an inquiry into how he came to have the police sample however the Director of Public Prosecutions declined to charge Shaw with perverting the course of justice or giving false evidence.
NSWRetired on medical groundsThe Judicial Commission was conducting an investigation however before its report was complete, a medical assessment found Dodd was unfit to work as a judicial officer and he retired on medical grounds.
Vic25 6 2009ResignedRandazzo's car was detected speeding and she said that her father was driving the car. It was alleged that her father was overseas at the time. Police did not charge Randazzo with any offence however the Attorney-General announced a judicial panel would consider whether she should be removed, however she immediately resigned.
ACT17.11.2009ResignedA commission was established to consider an allegation that Cahill had interfered with another Magistrate’s conduct of criminal proceedings relating to a figure known professionally and socially to Cahill, however he resigned before the commission was conducted.
VicResignedBarberio was stood down after he was arrested and charged with criminal offences. He subsequently pleaded guilty to assault and criminal damage and resigned.
UnknownWANo action takenThe WA chief magistrate received a complaint that prior to Ms Nuic's suicide, the 22-year-old Legal Aid lawyer was "berated" by a magistrate in court. The Attorney-General considered there was a lack of unequivocal evidence of incompetence, negligence or misbehaviour.
NSW15 6 2011Not removedThe Judicial Commission found that parliament could remove Betts on the grounds of both misbehavior in relation to her rude, belligerent and insulting conduct on the bench and incapacity related to her depression and failure to take prescribed medication. On 15 June 2011 the New South Wales Legislative Council voted not to remove her.
NSW13.10.2011Not removedThe Judicial Commission found that the complaints against Maloney were substantially caused by his bipolar II disorder and parliament could remove the magistrate on the grounds of incapacity. On 13 October 2011 the New South Wales Legislative Council voted 22 to 15 not to remove him.
NSW24 9 2015Inappropriate conduct not warranting removalNeilson was stood down for his directions to a jury in a trial of a man accused of raping his sister, which included that "a jury might find nothing untoward in the advance of a brother towards his sister once she had sexually matured, had sexual relationships with other men and was now 'available', not having sexual partner". The Judicial Commission found that the comments undermined confidence in the judiciary, and amounted to inappropriate judicial conduct. The Commission did not find there were grounds for his removal and recommended to Chief Judge Derek Price that Neilson not be allocated to sit on cases involving sexual offences.
NT8 12 2017Inappropriate conduct but not misconductThe judges remarks on sentencing a 13 year old boy included that he had taken advantage of the absence of parental control, in circumstances where his mother had died in violent circumstances and his father was in prison having been charged with her murder. Chief Judge Lowndes found that some of the remarks were harsh and misguided, and amounted to inappropriate judicial conduct, but that they fell well short of judicial misconduct.
NSW19.11.2018ResignedBurns was appointed in February 2015 and was suspended from duty from June 2017. In November 2018 the Judicial Commission conducted a public hearing into allegations that Burns had misused her powers to detain people prior to trial, had denied procedural fairness and encouraged prosecutors to charge a defendant with additional offences. Burns' defence was that the mistakes had to be examined in light of a crushing workload and that her mental health was an explanation for her conduct. The Judicial Commission found that 16 out of 17 matters were substantiated and concluded that Parliament could consider removing her from office. Burns resigned before Parliament considered the report.
Vic2 1 2019Pithouse was reported to have said to a woman who alleged she had been sexually assaulted that she had "put herself in that position" and had suffered "buyer's remorse". Jill Hennessy, the Attorney-General, referred the allegations to the Judicial Commission to investigate.
NSW26 3 2019Parliament may consider removingIn February 2017 Maiden was referred to the Judicial Commission because of delays in delivering 13 judgments. After a lengthy investigation, the Conduct Division concluded that it had no confidence that Maiden would be able to deliver reserved judgments in a timely fashion, holding that his capacity and conduct was such that the parliament could consider removing him as a judge. Maiden ceased to be a judge before Parliament considered the report.
Vic8 4 2019No misconductHinchey was the subject of 92 complaints to the Judicial Commission. After a preliminary investigation 87 of the complaints were dismissed, while 4 were referred to the Chief Judge of the County Court for counselling to occur. The allegation that Hinchey had removed alcohol purchased using Coroners Court funds for personal use was referred to an investigating panel, which was dismised in August 2019. Despite being cleared, Hinchey resigned as Chief Coroner, but remained a judge of the County Court.
NT1 12 2019improper conduct not warranting removalA complaint was made by the Criminal Lawyers Association of the NT that Judge Borchers had made racist remarks to defendants and bullying conduct towards lawyers. These included telling a defendant that "Yesterday probably was pension day, so you got your money from the Government, abandoned your kids in that great Indigenous fashion of abrogating your parental responsibility to another member of your family, and went off and got drunk" and that a man who had assaulted his partner acted "just like a primitive person dragging his woman out of the cave". Chief Judge Elizabeth Morris found that Borchers had made improper comments containing negative racial stereotypes that went "beyond the proper bounds of denunciation in sentencing". The Chief Judge found that the judge did not exercise the restraint, courtesy and civility required of a judicial officer. The Chief Judge said it was inappropriate for her to make a formal determination because there was no formal complaints process in the Northern Territory, but in her opinion the judge's conduct did not warrant his removal.