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High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and interprets the Constitution of Australia.
The High Court is mandated by Constitution section 71, which vests in it the judicial power of the Commonwealth of Australia. The Court was constituted by, and its first members were appointed under, the Judiciary Act 1903 (Cth). It now operates under Constitution sections 71 to 75, the Judiciary Act and the High Court of Australia Act 1979 (Cth). It is composed of seven Justices: the Chief Justice of Australia, presently Robert French, and six other Justices. They are appointed by the Governor-General of Australia, on the advice of the federal government, and must retire at age 70.
The High Court has been located since 1980 in the capital city of Australia, Canberra. The majority of its sittings are held there — in the High Court building, situated in the Parliamentary Triangle and overlooking Lake Burley Griffin. Sittings are also held in the State capitals, mostly in Melbourne or Sydney, and increasing use is made of video links.
The High Court exercises both original jurisdiction (cases which originate in the High Court) and appellate jurisdiction (appeals made to the High Court from other courts). The High Court is the court of final appeal for the whole of Australia with the ability to interpret the common law for the whole of Australia, not just the state or territory in which the matter arose. This is unlike other high courts, such as the Supreme Court of the United States (though US federal courts do have the ability to shape US federal common law). As such, the court is able to develop the common law consistently across all of the states and territories. This role, alongside its role in constitutional interpretation, is one of the court's most significant. As Sir Owen Dixon said on his swearing in as Chief Justice of Australia.
"The High Court's jurisdiction is divided in its exercise between constitutional and federal cases which loom so largely in the public eye, and the great body of litigation between man and man, or even man and government, which has nothing to do with the Constitution, and which is the principal preoccupation of the court.
This broad array of jurisdiction has enabled the High Court to take a leading role in Australian law, and has contributed to a consistency and uniformity among the laws of the different states.Constitutional matters, referred to in section 76(i), have been conferred to the High Court by section 30 of the Judiciary Act 1903 (Cth). However, the inclusion of constitutional matters in section 76, rather than section 75, means that the High Court’s original jurisdiction regarding constitutional matters could be removed. In practice, section 75(iii) (suing the Commonwealth) and section 75(iv) (conflicts between states) are broad enough that many constitutional matters would still be within jurisdiction. The original constitutional jurisdiction of the High Court is now well established: the Australian Law Reform Commission has described the inclusion of constitutional matters in section 76 rather than section 75 as "an odd fact of history. The 1998 Constitutional Convention recommended an amendment to the constitution to prevent the possibility of the jurisdiction being removed by Parliament. Failure to proceed on this issue suggests that it was considered highly unlikely that Parliament would ever take this step.
The requirement of "a matter" in section 75 and section 76 of the constitution means that a concrete issue must need to be resolved, and the High Court cannot give an advisory opinion.
High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and interprets the Constitution of Australia.
The High Court is mandated by Constitution section 71, which vests in it the judicial power of the Commonwealth of Australia. The Court was constituted by, and its first members were appointed under, the Judiciary Act 1903 (Cth). It now operates under Constitution sections 71 to 75, the Judiciary Act and the High Court of Australia Act 1979 (Cth). It is composed of seven Justices: the Chief Justice of Australia, presently Robert French, and six other Justices. They are appointed by the Governor-General of Australia, on the advice of the federal government, and must retire at age 70.
The High Court has been located since 1980 in the capital city of Australia, Canberra. The majority of its sittings are held there — in the High Court building, situated in the Parliamentary Triangle and overlooking Lake Burley Griffin. Sittings are also held in the State capitals, mostly in Melbourne or Sydney, and increasing use is made of video links.
The High Court exercises both original jurisdiction (cases which originate in the High Court) and appellate jurisdiction (appeals made to the High Court from other courts). The High Court is the court of final appeal for the whole of Australia with the ability to interpret the common law for the whole of Australia, not just the state or territory in which the matter arose. This is unlike other high courts, such as the Supreme Court of the United States (though US federal courts do have the ability to shape US federal common law). As such, the court is able to develop the common law consistently across all of the states and territories. This role, alongside its role in constitutional interpretation, is one of the court's most significant. As Sir Owen Dixon said on his swearing in as Chief Justice of Australia.
"The High Court's jurisdiction is divided in its exercise between constitutional and federal cases which loom so largely in the public eye, and the great body of litigation between man and man, or even man and government, which has nothing to do with the Constitution, and which is the principal preoccupation of the court.
This broad array of jurisdiction has enabled the High Court to take a leading role in Australian law, and has contributed to a consistency and uniformity among the laws of the different states.Constitutional matters, referred to in section 76(i), have been conferred to the High Court by section 30 of the Judiciary Act 1903 (Cth). However, the inclusion of constitutional matters in section 76, rather than section 75, means that the High Court’s original jurisdiction regarding constitutional matters could be removed. In practice, section 75(iii) (suing the Commonwealth) and section 75(iv) (conflicts between states) are broad enough that many constitutional matters would still be within jurisdiction. The original constitutional jurisdiction of the High Court is now well established: the Australian Law Reform Commission has described the inclusion of constitutional matters in section 76 rather than section 75 as "an odd fact of history. The 1998 Constitutional Convention recommended an amendment to the constitution to prevent the possibility of the jurisdiction being removed by Parliament. Failure to proceed on this issue suggests that it was considered highly unlikely that Parliament would ever take this step.
The requirement of "a matter" in section 75 and section 76 of the constitution means that a concrete issue must need to be resolved, and the High Court cannot give an advisory opinion.
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