Attorney-General for the State of New South Wales v Quin

The Attorney-General for the State of New South Wales appealed to the High Court of Australia against a decision concerning the appointment of stipendiary magistrates under the *Local Courts Act 1982* (NSW). The respondent, Mr. Quin, was one of five stipendiary magistrates who were not appointed to the new local court when the Act commenced on 1 January 1985.

The central legal issue before the High Court was whether the process by which these five magistrates were not appointed to the new positions constituted a denial of natural justice. This involved examining the provisions of the *Local Courts Act 1982*, particularly section 12 and its saving provisions, and considering the nature of the rights or expectations these magistrates had regarding their continued tenure or equivalent positions.

The Court considered the legislative history of the *Local Courts Act 1982*, noting amendments made to the saving provisions concerning former magistrates. The Solicitor-General for New South Wales argued that while the initial form of clause 5(3) intended to provide for alternative public service positions for former magistrates not appointed to the new court, it lacked security of tenure. Subsequent amendments aimed to provide equivalent security and remuneration. The Court was also presented with an affidavit detailing the history of the matter, including that the five magistrates commenced legal action almost immediately after their non-appointment, which had been dismissed in the court below. The Court's reasoning focused on whether the decision-makers had afforded the affected magistrates procedural fairness before determining their non-appointment.