Trh Cole Case Study
Obiter dicta in some of the majority opinions in Kable hinted that the principle may have implications for the power of state Parliaments to abolish or regulate state courts.109 This may require that the security of tenure of state judges who are capable of exercising federal judicial power meet heightened standards.110
In 1998, Spigelman CJ in a New South Wales Court of Appeal case indicated that he considered Kable to place limits on any attempt to restrict judges’ security of tenure. The Honourable Justice Vince Bruce v The Honourable TRH Cole, RFD and Ors111 concerned a challenge by Justice Bruce to the legality of a recommendation by the New South Wales Judicial Commission that he be removed for incapacity. Whilst the case was resolved
on administrative law grounds, Spigelman CJ, with whom the other justices agreed, recognised that issues underlying the case were ‘of the highest constitutional significance for the rule of law in New South Wales’.
In 1998, Spigelman CJ in a New South Wales Court of Appeal case indicated that he considered Kable to place limits on any attempt to restrict judges’ security of tenure. The Honourable Justice Vince Bruce v The Honourable TRH Cole, RFD and Ors111 concerned a challenge by Justice Bruce to the legality of a recommendation by the New South Wales Judicial Commission that he be removed for incapacity. Whilst the case was resolved
on administrative law grounds, Spigelman CJ, with whom the other justices agreed, recognised that issues underlying the case were ‘of the highest constitutional significance for the rule of law in New South Wales’.