Ceremonial - QCs-SCs

The High Court of Australia heard an appeal concerning the appointment of Queen's Counsel (QC) and Senior Counsel (SC) in New South Wales. The applicants, a group of barristers, challenged the validity of the process by which certain practitioners were appointed to these senior ranks. The core of the dispute revolved around the interpretation and application of the *Legal Profession Act 1987* (NSW) and the associated rules governing the appointment of QCs and SCs.

The central legal issues before the High Court were whether the appointments of QCs and SCs were administrative decisions amenable to judicial review, and if so, whether the process followed by the relevant authorities complied with the statutory requirements and the principles of administrative law. Specifically, the Court was asked to consider whether the appointments were made in accordance with the relevant legislation and whether the decision-makers had properly exercised their discretion.

The High Court, in a joint judgment, determined that the appointments of QCs and SCs were not administrative decisions in the relevant sense and therefore were not amenable to judicial review. Their Honours reasoned that the power to appoint QCs and SCs was a prerogative power, exercised by the Governor-in-Council, and was not a statutory power conferred for the purpose of administrative decision-making. Consequently, the applicants' challenge on grounds of procedural fairness and proper exercise of discretion failed. The Court found that the appointments were made in accordance with the established practice and the relevant legislative framework, which did not impose obligations of procedural fairness in the manner contended by the applicants.