High Court of Australia

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The High Court of Australia is the supreme court in the judiciary of Australia and the final court of appeal in the country. It was established in 1903 by the Judiciary Act 1903 and is authorized by Section 71 of the Constitution of Australia. The High Court is located in Canberra, in the Australian Capital Territory.

Functions and Jurisdiction

The High Court has both original and appellate jurisdiction. It has the authority to interpret and apply the law of Australia, to decide cases of special federal significance including challenges to the constitutional validity of laws, and to hear appeals, by special leave, from federal, state, and territory courts.

Original Jurisdiction

Under Section 75 of the Constitution, the High Court has original jurisdiction in all matters:

• Arising under any treaty
• Affecting consuls or other representatives of other countries
• In which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party
• Between states, or between residents of different states, or between a state and a resident of another state
• In which a writ of mandamus, prohibition, or an injunction is sought against an officer of the Commonwealth

Appellate Jurisdiction

The High Court's appellate jurisdiction is conferred by Section 73 of the Constitution. It hears appeals from:

• The Federal Court of Australia
• The Family Court of Australia
• The Supreme Courts of the States and Territories
• Any other federal court or court exercising federal jurisdiction

Composition

The High Court is composed of seven Justices, including the Chief Justice of Australia. Justices are appointed by the Governor-General of Australia on the advice of the Prime Minister of Australia and the Cabinet of Australia. They serve until the mandatory retirement age of 70.

Notable Cases

The High Court has presided over many landmark cases in Australian legal history, including:

• Mabo v Queensland (No 2) (1992) - Recognized native title in Australia
• Australian Communist Party v Commonwealth (1951) - Ruled against the banning of the Communist Party
• Cole v Whitfield (1988) - Clarified the interpretation of Section 92 of the Constitution regarding free trade between states

Building

The High Court building is located in the Parliamentary Triangle in Canberra. It was designed by architects Colin Madigan and Christopher Kringas and was opened in 1980. The building is noted for its distinctive modernist architecture.

Related Pages

• Judiciary of Australia
• Constitution of Australia
• Federal Court of Australia
• Family Court of Australia
• Supreme Court of New South Wales
• Supreme Court of Victoria
• Governor-General of Australia
• Prime Minister of Australia
• Cabinet of Australia

See Also

• List of High Court of Australia Justices
• Judiciary Act 1903
• Australian legal system
• Separation of powers in Australia