Secretary, Department of Home and Territories, has forwarded me the following minute for advice:

The following telegram has been received from the Government Secretary, Darwin: Gerald Hogan, Special Magistrate, writes me as follows:

Mr Roberts appeared before me in chambers this morning. He informed me that he had been appointed Judge of Northern Territory on the eleventh instant but that he intended to continue to practice till some date in December. I refused to allow him to appear as a solicitor whilst he holds position of Judge and since the appeals from these cases would be to himself. Please wire Minister the position. Administrator not returned. Expect him tonight or early tomorrow. I shall be glad of early advice on this matter.

Section 8 of the Supreme Court Ordinance provides that the Judge of the Northern Territory shall be appointed by the Governor-General by commission. On 11 November 1921 the Governor-General in Council approved of the appointment, in accordance with the provisions of the Supreme Court Ordinance 1911-1921, of D.A.Roberts as Judge of the Northern Territory with salary at rate of £1000 per annum, to take effect from the date of his commencing duty and 'that the attached commission be issued to Mr Roberts'.

Accordingly a commission was, on 11 November 1921, issued appointing Mr Roberts to be the Judge of the Northern Territory. No reference is made in the commission to the date of commencing duty as being the date of commencement of the appointment.

There are thus two instruments of appointment the terms of which are not consistent, and the question arises as to whether effect can and should be given to all the terms of the minute.

The question is not free from doubt but in view of the facts that the issue of a commission is required under the Ordinance and that the form and issue of the commission were approved by the Executive Council, I incline to the view that the appointment must be regarded as having been made in terms of the commission unaffected by the stipulation as to commencement contained in the minute.

I am accordingly of opinion that Mr Roberts became the Judge of the Northern Territory on 11 November 1921, and that his salary is payable from that date.

It follows that it would be improper for Mr Roberts to now engage in any legal business other than in carrying out the duties of his office.

[Vol. 18, p. 152]