Maloney v The Honourable Michael Campbell QC

The case of Maloney v The Honourable Michael Campbell QC involved a challenge to the decision of the Conduct Division of the Judicial Commission of New South Wales. The division had formed an opinion that the New South Wales Parliament could consider the removal of Michael Campbell QC, a magistrate, on the ground of proved incapacity. The plaintiff, Maloney, sought judicial review of the Conduct Division's decision, arguing that it was flawed. The legal issues before the court were whether the Conduct Division had applied the correct statutory test, and if it had considered irrelevant matters or refused to consider relevant matters.

The court examined the statutory duty of the Conduct Division to form an opinion on whether Parliament could consider removing a judicial officer for proved incapacity. It considered whether the Conduct Division had applied the correct statutory test and whether there had been any errors in considering relevant or irrelevant matters. The court concluded that the Conduct Division had applied the correct statutory test and had not made any errors in its consideration of the matter. The court found that the Conduct Division's opinion was not subject to judicial review and that the plaintiff's challenge was unsuccessful. Consequently, the court dismissed Maloney's application for judicial review.

The court's decision was based on the principle that the Conduct Division's opinion was a discretionary administrative decision that was not subject to judicial review unless there was a clear error in the application of the statutory test. The court found that the Conduct Division had applied the correct statutory test and had not considered any irrelevant matters or refused to consider any relevant matters. Therefore, the court dismissed Maloney's application for judicial review and upheld the Conduct Division's decision.