find the latest legal job
Corporate and Commercial Partner
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Adelaide CBD · Join a leading Adelaide commercial law firm
View details
Freelance Project Finance Lawyers
Category: Other | Location: All Australia
· Vario are looking for freelance lawyers with experience in project finance ideally within the renewable energy sector
View details
Vario Freelance Lawyers
Category: Construction Law | Location: All Australia
· We are looking for lawyers who appreciate the endless possibilities that a freelance career can offer.
View details
Freelance Construction Lawyers
Category: Construction Law | Location: All Melbourne VIC
· We are looking for construction lawyers who appreciate the endless possibilities that a freelance career can offer.
View details
Banking Associate - 1-6PQE - Allen & Overy
Category: Banking and Finance Law | Location: United Kingdom
· Banking Associate - 1-6 PQE - Allen & Overy
View details
LCA president calls for investigation into lack of judicial pensions

LCA president calls for investigation into lack of judicial pensions

stuart clark

The Law Council of Australia (LCA) president Stuart Clark has urged the Federal Government to examine whether the lack of judicial pensions is making it hard to recruit for vacant positions.

During a Senate estimates hearing on Tuesday, Attorney-General George Brandis said the lack of pensions makes recruitment and retention of judges difficult.

"I wish I had more judges,” he said. “I wish I could offer judges a pension like intermediary state and territory judges receive, so as to regularise the arrangements of this court."

According to Attorney-General Brandis, judges without pensions are less likely to be in a position to retire when they fall ill, meaning that positions are often left temporarily vacant.

More than 12 per cent of the Federal Circuit Court's judges are on sick leave, according to Attorney-General Brandis.

Moreover, some judges appointed to the Federal Circuit Court have moved to state courts so as to receive a pension, he said.

In response to these comments, Mr Clark said: “The Federal Government should investigate whether judicial pensions for federal appointees who do not currently have access to them would make the retention and recruitment of federal judges easier.”

Federal Circuit Court judges are the only judges under the Judges' Pension Act who do not receive a pension upon retirement, which is set at the age of 70.

While Federal Court judges retiring after sitting on the bench for 10 years receive a pension of about $252,486 a year after the age of 60, Federal Circuit Court judges do not get a pension at all.

The shortage of judges is causing major trial delays in the Federal Circuit Court.

Attorney-General Brandis told the Senate estimates hearing that he had filled two positions in the Federal Circuit Court in Melbourne and Sydney this week.

However, the Family Court bench still has one vacancy and six Federal Circuit Court judges and five Family Court judges will hit the retirement age in the next two years.

“It is vital that federal court appointments are made so as to avoid a lack of continuity in the courts,” said Mr Clark.

“Given the current delays in the replacement of federal judges the Law Council suggests that the Attorney-General should urgently make an open call for expressions of interest.”

Like this story? Read more:

Book commemorates diamond milestone for WA law society

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

LCA president calls for investigation into lack of judicial pensions
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Debate rises over Victorian judiciary attack
06:04
Debate rises over Victorian judiciary attack
The Victorian Bar has become the latest to go on record condemning recent political attacks on the V...
Michelle Quigley QC
06:00
Vic Barrister who helped stop major heritage redevelopment joins Supreme Court
Michelle Quigley QC, who assisted a coalition to oppose the redevelopment of St Heliers villa estate...
Building, construction
06:00
Building for NSW coroner’s complex slated for early 2019
Efforts to relocate the state coroner’s facilities from Glebe to Lidcombe are on track, according ...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...