Heading: inserted, on 6 November 1986, by section 5 of the Judicature Amendment Act 1986 (1986 No 93).
Heading: amended, on 20 May 2004, by section 6(2) of the Judicature Amendment Act 2004 (2004 No 45).
(1) The Governor-General may from time to time, by warrant, appoint fit and proper persons to be Associate Judges of the High Court.
(2) The maximum number of Associate Judges is 9.
(3) For the purposes of subsection (2),—
(a) an Associate Judge who is acting on a full-time basis counts as 1:
(b) an Associate Judge who is acting on a part-time basis counts as an appropriate fraction of 1:
(c) the aggregate number (for example, 5.5) must not exceed the maximum number of Associate Judges that is for the time being permitted.
(4) A person must not be appointed as an Associate Judge unless he or she has held a practising certificate as a barrister or solicitor for at least 7 years.
(5) An Associate Judge must not undertake any other paid employment or hold any other office (whether paid or not) unless the Chief High Court Judge is satisfied that the employment or other office is compatible with judicial office.
(6) An Associate Judge holds office until, in accordance with section 26E, he or she retires or resigns or is removed from office.
(7) Subsection (6) applies to—
(a) every Associate Judge appointed after the commencement of this section; and
(b) every person deemed by section 6(1) of the Judicature Amendment Act 2004 to have been appointed as an Associate Judge at the commencement of this section (despite any provision to the contrary in any enactment or warrant of appointment).
Section 26C: substituted, on 20 May 2004, by section 7 of the Judicature Amendment Act 2004 (2004 No 45).
Section 26C(2): amended, on 23 March 2010, by section 6 of the Judicature (Judicial Matters) Amendment Act 2010 (2010 No 7).