Judicial Independence in the Northern Territory: Are Undisclosed Remuneration Arrangements Repugnant to Chapter 3 of the Constitution ?

Abstract

The purpose of this article is to assess the independence of stipendiary magistrates in the Northern Territory, an issue which was the subject of a recent decision of the High Court in North Australian Aboriginal Legal Aid Service v Bradley. 1 This case raises very important questions about the construction of the Commonwealth Constitution, the strength and ambit of constitutional guarantees of the independence of the judiciary, and the status of courts in the Commonwealth s Territories. Does Chapter. III of the Constitution prohibit undisclosed, short term, privately negotiated remuneration arrangements with judges who may exercise the judicial power of the Commonwealth?