Administrative committee process for judicial service selection scale upheld where Full Court approval cured procedural irregularity.

The governing High Court rules authorised the Chief Justice to initiate administrative action through a committee, and consultation with judges could be achieved by circulation or meeting rather than simultaneous physical presence. The committee's recommendation remained a proposal until placed before the Full Court, and once approved in accordance with the prescribed procedure it became the Court's decision. Procedural irregularities were cured by the rules and by subsequent Full Court approval. The challenge to the grant of selection scale therefore failed, and the prior policy decision was capable of modification within the rule framework.

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Issues: Whether the Acting Chief Justice could constitute a committee of judges to evolve criteria for grant of selection scale to members of the higher judicial service, and whether approval of the committee's report by the Full Court satisfied the consultative requirement under the governing rules.

Analysis: The rules governing the administrative business of the High Court authorised the Chief Justice to constitute a committee and to transact administrative business through the procedure prescribed in the rules. Consultation with the judges was to be effected through circulation or a meeting, and the rules also recognised quorum and the validity of orders notwithstanding procedural irregularities. The Court held that the consultative requirement did not mean that every judge must be physically present at the same time, nor that the Chief Justice lacked power to initiate the process by constituting a committee. The committee's recommendation was only a proposal until placed before and approved by the Full Court, and once so approved it became the decision of the Court. The Court further held that the prior policy decision was open to modification and that any procedural irregularity stood cured by the rules and by subsequent approval.

Conclusion: The constitution of the committee was valid, the Full Court's approval cured any procedural objection, and the High Court had erred in holding otherwise. The challenge to grant of selection scale failed and the appeals succeeded.

Ratio Decidendi: Where the governing rules authorise the Chief Justice to initiate administrative action through a committee and the committee's recommendation is subsequently approved by the Full Court in accordance with the prescribed procedure, the recommendation becomes the decision of the Court and is not invalid merely because every judge was not personally consulted at the initiation stage or because of procedural irregularity.

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