Case: Re Bryant: Ex parte Guarino [2001] HCA 5 ; (2001) 75 ALJR 478
Outcome: followed
The applicant also submits that the decision of the High Court of Australia ('the High Court') in Re Bryant: Ex parte Guarino [2001] HCA 5 ; (2001) 75 ALJR 478 , which upheld the constitutional validity of the appointment of Federal Magistrates, was made 'without the assistance of counsel, and under the pressure of a hearing the next day' . The applicant submits that the issue under consideration in that case, namely whether the appointment of Federal Magistrates by Parliament is constitutional, is one of public importance and should be reconsidered by either the Full Court or the High Court. 9 The Federal Magistrates Court is a court created pursuant to the power contained in s 71 of the Constitution , and s 77 of the Constitution permits Parliament to make laws defining the jurisdiction of any federal court it has created. The Federal Magistrates Court exercises the judicial power of the Commonwealth invested under Ch III of the Constitution . Section 10 of the FMA invests the Federal Magistrates Court with such original jurisdiction as is vested in it by laws made by Parliament either by express provision or by application of s 15C of the Acts Interpretation Act 1901 (Cth). The Federal Magistrates Court is a court of record and is a court of the law and equity (see subs 8(3) of the FMA). 10 The Federal Magistrates Court is to be constituted, for the purpose of the exercise of its jurisdiction, by a single Federal Magistrate as provided by s 11. Section 79 of the Constitution refers to judges as being those who are entitled to exercise federal jurisdiction. However, as held in Re Bryant: Ex parte Guarino by Hayne J the title of the judicial officer of 'magistrate' as referred to in s 8 of the FMA is of no consequence. His Honour said at [8]: Nevertheless, it is clear when regard is had to s 71 and the power given to the Parliament to create "other Federal courts" that the title given to the judicial officer... is not determinative of the constitutional reach of s 79 and the other provisions in Ch III. The constitutional reach of s 79 extends to the Federal Magistrates appointed to serve in the court created by the Parliament by the Act. 11 Re Bryant: Ex parte Guarino determined that the Commonwealth possesses power to appoint Federal Magistrates. Such decision is binding on this Court. The absence of counsel before Hayne J in Re Bryant: Ex parte Guarino and any urgency involved in the hearing of that matter are not relevant issues for this Court in deciding whether to reconsider that decision. Settled precedent would become fragile indeed if circumstances extraneous to the issues decided could cast doubt upon their authority. 14 The name 'the Federal Magistrates Service' is merely a name by which the Federal Magistrates Court may be known. The fact that subs 8(2) of the FMA provides for an alternative name for that court is irrelevant to its statutory creation. The creation of the court and of its constitutional validity has already been determined in Re Bryant: Ex parte Guarino . 15 It follows that the applicant's submissions concerning the constitutional validity of the appointment of Federal Magistrates and of the Federal Magistrates Court are rejected.