Judicial Commission of New South Wales - Notable Cases

Notable Cases

The conduct division has reported to parliament in respect of Magistrate Ian Lanham Ross McDougall and Justice Vince Bruce in 1998. Following the tendering of the report to parliament, McDougall resigned his commission. Bruce had a number of complaints made against him in respect of the delays in the delivery of his judgments. The conduct division inquired as to whether he should be removed from the bench. There was medical evidence that he had suffered from depression but that this treatment has brought this under control. A majority of the members of the conduct division decided that the Bruce’s conduct should be reported to the parliament. Bruce took action in the New South Wales Court of Appeal seeking judicial review of that decision. The court upheld that there was no basis in law for overturning the decision, and the report was tabled in parliament. Parliament declined to remove Bruce from office, and after Bruce delivered his last outstanding judgment, he resigned from the bench. David Flint criticized Bruce for his "campaign" in the media to defend himself. Bruce appeared on an Australian television programme 60 Minutes to argue his case. Flint argues that if this had been an ordinary citizen, both Bruce and the media would have been charged with contempt.

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