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Encyclopedia > Australian High Court
High Court entrance.

The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. 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 section 71 of the Constitution, which vests in it the judicial power of the Commonwealth of Australia. The court was constituted in 1903 by the Judiciary Act 1903. Download high resolution version (1436x1085, 313 KB)High Court of Australia photo taken by John Conway and released under the GFDL File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Download high resolution version (1436x1085, 313 KB)High Court of Australia photo taken by John Conway and released under the GFDL File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... There are two broad levels within the hierarchy of Australian courts, the federal level and the state and territory level. ... Judicial review is the power of a court to review a a law or an official act of a government employee or agent for constitutionality or (in some jurisdictions) for the violation of basic principles of justice. ... The main entrance to Parliament House in Canberra, with the flag mast visible. ... The states and territories of Australia make up the Commonwealth of Australia under a federal system of government. ... Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... The Politics series Politics Portal This box:      In law, the judiciary or judicial is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... 1900 (MCMIII) was a common year starting on Thursday (link will display calendar) of the Gregorian calendar or a common year starting on Friday of the 13-day slower Julian calendar. ... The Judiciary Act 1903 (Cth. ...

Contents

Role of the court

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). Unlike other high courts, such as the Supreme Court of the United States (though federal courts do have the ability to shape federal common law), 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. 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 Owen Dixon said on his swearing in as Chief Justice of Australia: In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body in the... Federal common law is a term used in the United States to describe common law that is developed by the federal courts, instead of by the courts of the various states. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... The states and territories of Australia make up the Commonwealth of Australia under a federal system of government. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Sir Owen Dixon, GCMG, KBE, PC (1886 - 1972), Australian judge and politician, was the sixth Chief Justice of Australia. ... The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth 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."[1]

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.[2]


Original jurisdiction

The original jurisdiction of the High Court refers to matters which are originally heard in the High Court. The Constitution confers actual (section 75) and potential (section 76) original jurisdiction.


Section 75 of the Constitution confers original jurisdiction in regard to "all matters":

  • (i) arising under any treaty
  • (ii) affecting consuls or other representatives of other countries
  • (iii) in which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party;
  • (iv) between States, or between residents of different States, or between a State and a resident of another State;
  • (v) in which a writ of mandamus or prohibition or an injunction is sought against an officer of the Commonwealth.

The conferral of original jurisdiction creates some problems for the High Court. For example, challenges against immigration-related decisions are often brought against an officer of the Commonwealth within the original jurisdiction of the High Court. A consulate (or consular office) is a form of diplomatic mission in charge of matters related to individual people and businesses, in other words issues outside inter-governmental diplomacy. ... A writ of mandamus or simply mandamus, which means we order in Latin, is the name of one of the prerogative writs and is a court order directing someone, most frequently a government official, to perform a specified act. ... A writ of prohibition, in the United States, is an official legal document drafted and issued by a supreme court or superior court to a judge presiding over a suit in an inferior court. ... Look up Injunction in Wiktionary, the free dictionary. ...


Section 76 provides that Parliament may confer original jurisdiction in relation to matters:

  • (i) arising under the constitution or involving its interpretation;
  • (ii) arising under any laws made by the Parliament;
  • (iii) of admiralty and maritime jurisdiction;
  • (iv) relating to the same subject-matter claimed under the laws of 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. 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."[3] 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. Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. ... The Judiciary Act 1903 (Cth. ... Australian Law Reform Commission is an independent body set up to keep the law of Australia under review and recommend necessary reforms to improve, simplify and update. ... In Australian history, the term Constitutional Convention refers to four distinct gatherings. ...


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.


Appellate jurisdiction

The High Court's appellate jurisdiction is defined under Section 73 of the Constitution. The High Court can hear appeals from the Supreme Courts of the States, from any federal court or court exercising federal jurisdiction (such as the Federal Court of Australia), and from decisions made by one or more Justices exercising the original jurisdiction of the court. The states and territories of Australia make up the Commonwealth of Australia under a federal system of government. ... In Melbourne, the Federal Court is housed with other federal courts such as the High Court and the Federal Magistrates Court in the Federal Court Building on the corner of La Trobe Street and William Street The Federal Court of Australia is the Australian court in which most civil disputes...


However, section 73 allows the appellate jurisdiction to be limited "with such exceptions and subject to such regulations as the Parliament prescribes". Parliament has prescribed a large limitation in section 35A of the Judiciary Act 1903. This requires "special leave" to appeal. Special leave is granted only where a question of law is raised which is of public importance; or involves a conflict between courts; or "is in the interests of the administration of justice". Therefore, while the High Court is the final court of appeal it cannot be considered to be a general court of appeal. The decision as to whether to grant special leave to appeal is determined by one or more Justices of the High Court (in practice, a panel of 2 or 3 judges). That is, Court exercises the power to decide which appeal cases it will consider. The Judiciary Act 1903 (Cth. ...


Nauru

Nauru is the only country from which a route of appeal lies to an Australian court: the High Court is able to hear appeals from all decisions of the Supreme Court of Nauru. From 1967 until 30 January 1968, when Nauru gained independence from its United Nations trusteeship, Australian legislation gave the High Court jurisdiction to hear appeals from Nauruan courts, although no appeals were heard during this time.[4] On 6 September 1976, the Nauruan and Australian governments agreed to reinstate the avenue of appeal. The Nauru (High Court Appeals) Act 1976, which took effect on 21 March 1977, gave the jurisdiction to the High Court. 1967 (MCMLXVII) was a common year starting on Sunday of the Gregorian calendar (the link is to a full 1967 calendar). ... January 30 is the 30th day of the year in the Gregorian calendar. ... Year 1968 (MCMLXVIII) was a leap year starting on Monday (link will display full calendar) of the 1968 Gregorian calendar. ... The foundation of the U.N. The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, social progress and human rights issues. ... September 6 is the 249th day of the year (250th in leap years). ... 1976 (MCMLXXVI) was a leap year starting on Thursday. ... March 21 is the 80th day of the year in the Gregorian calendar (81st in leap years). ... For the album by Ash, see 1977 (album). ...


As of 2006, only three cases have been appealed from the Supreme Court of Nauru to the High Court, DPP (Nauru) v Fowler[5] (in 1984), Amoe v DPP (Nauru)[6] (in 1991) and Ruhani v Director of Police[7] (in 2005). For some time there was doubt about whether the Parliament of Australia actually had any power to confer the jurisdiction to hear appeals from Nauru on the High Court under the Constitution of Australia, although in the first two appeals, the jurisdiction was not challenged.[4] A challenge did occur in the Ruhani case, with a majority of the High Court finding that the jurisdiction was valid.[8] 2006 is a common year starting on Sunday of the Gregorian calendar. ... 1984 (MCMLXXXIV) was a leap year starting on Sunday of the Gregorian calendar. ... 1991 (MCMXCI) was a common year starting on Tuesday of the Gregorian calendar. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... The main entrance to Parliament House in Canberra, with the flag mast visible. ... Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ...


The High Court and the Privy Council

High Court building

The issue of appeals from the High Court to the Privy Council was a significant one during the drafting of the Constitution, and it continued to be significant in the years after the court's creation. The final wording of section 74 prohibited appeals on constitutional matters involving disputes about the limits inter se of Commonwealth or state powers (about), except where the High Court certified the appeal. It did so only once in the case of Colonial Sugar Refining Co v Attorney-General (Commonwealth)[9] (1912). After that case, in which the Privy Council refused to answer the constitutional questions put to it, the High Court never certified another inter se appeal.[10] Indeed, in the case of Kirmani v Captain Cook Cruises Pty Ltd (No 2)[11] (1985), the court said that it would never again grant a certificate of appeal. Download high resolution version (1200x1600, 434 KB)High Court of Australia photo taken by John Conway and released under the GFDL File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Download high resolution version (1200x1600, 434 KB)High Court of Australia photo taken by John Conway and released under the GFDL File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ...


In general matters however, section 74 did not prevent the Privy Council from granting leave to appeal against the High Court's wishes, and the council did so often. In some cases, the council acknowledged that the Australian common law had developed differently from English law, and thus did not apply its own principles (for example, in Australian Consolidated Press Ltd v Uren[12] (1967), or in Viro v The Queen[13] (1978)), by using a legal fiction which stated that different common law can apply to different circumstances.[14] However, in other cases, the Privy Council enforced its decisions, overruling decisions by the High Court. In Parker v The Queen[15] (1963), Chief Justice Owen Dixon led a unanimous judgment which rejected a decision by the House of Lords in DPP v. Smith, saying that "I shall not depart from the law on this matter as we have long since laid it down in this Court and I think that Smith's case should not be used in Australia as authority at all."[15] In the common law tradition, legal fictions are suppositions of fact taken to be true by the courts of law, but which are not necessarily true. ... Sir Owen Dixon, GCMG, KBE, PC (1886 - 1972), Australian judge and politician, was the sixth Chief Justice of Australia. ... The House of Lords, in addition to having a legislative function, has a judicial function as a court of last resort within the United Kingdom. ...


Section 74 did provide that the parliament could make laws to prevent appeals to the council, and it did so, beginning in 1968, with the Privy Council (Limitation of Appeals) Act 1968, which closed off all appeals to the Privy Council in matters involving federal legislation. In 1975, the Privy Council (Appeals from the High Court) Act 1975 was passed, which had the effect of closing all routes of appeal from the High Court. Appeals from the High Court to the Privy Council are now only theoretically possible in inter se matters with leave of the High Court under section 74 of the Constitution. The High Court has indicated it will not grant such leave in the future. In 1986, with the passing of the Australia Acts by both the Imperial Parliament and the Parliament of Australia (with the ratification of the States), appeals to the Privy Council from state Supreme Courts were closed off, leaving the High Court as the only avenue of appeal. Year 1968 (MCMLXVIII) was a leap year starting on Monday (link will display full calendar) of the 1968 Gregorian calendar. ... 1975 (MCMLXXV) was a common year starting on Wednesday. ... Inter se is a legal latin phrase meaning between or amongst themselves. For example: The constitutional documents of a company constitute a contract between the company and its shareholders, and between the shareholders inter se. ... 1986 (MCMLXXXVI) was a common year starting on Wednesday of the Gregorian calendar. ... Australia Act 1986 (United Kingdom) document, located in Parliament House, Canberra The Australia Act 1986 is an act of the Parliament of Australia (No. ... The Houses of Parliament, seen over Westminster Bridge The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ... The main entrance to Parliament House in Canberra, with the flag mast visible. ... The states and territories of Australia make up the Commonwealth of Australia under a federal system of government. ...


History

The genesis of the court can be traced back to the mid 19th century. Before the establishment of the High Court, appeals from the state Supreme Courts could be made only to the Judicial Committee of the Privy Council, which involved the great expense of physically travelling to London. As such, some politicians in the colonies wanted to have a new court which could travel between the colonies hearing appeals. Alternative meaning: Nineteenth Century (periodical) (18th century — 19th century — 20th century — more centuries) As a means of recording the passage of time, the 19th century was that century which lasted from 1801-1900 in the sense of the Gregorian calendar. ... The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ... This article is about the capital of England and the United Kingdom. ...


Following Earl Grey's 1846 proposal for federation of the Australian colonies, an 1849 report from the Privy Council of the United Kingdom suggested that a national court be created.[16] In 1856, the then Governor of South Australia, Richard Graves MacDonnell, suggested to the Government of South Australia that they and the other colonies should consider establishing a court of appeal which would hear appeals from the Supreme Courts in each colony, and in 1860 the Parliament of South Australia passed legislation encouraging MacDonnell to put forward the idea to his colleagues in the other colonies. However, only the Government of Victoria seriously considered this proposal.[17] Henry George Grey, 3rd Earl Grey (December 28, 1802–October 9, 1894), was an English statesman. ... 1846 was a common year starting on Thursday (see link for calendar). ... 1849 was a common year starting on Monday (see link for calendar). ... Her Majestys Most Honourable Privy Council is a body of advisors to the British Sovereign. ... 1856 was a leap year starting on Tuesday (see link for calendar). ... See Governors of the Australian states for a description and history of the office of Governor. ... Sir Richard MacDonnell Sir Richard Graves Macdonnell , KCMG C.B. (Chinese Translated Name 麥當奴) (3 September 1814 – 5 February 1881) was a British colonial governor who became the 6th Governor of Hong Kong. ... The form of the Government of South Australia is prescribed in its Constitution, which dates from 1856, although it has been amended many times since then. ... 1860 is the leap year starting on Sunday. ... The Parliament of South Australia consists of the South Australian Legislative Council and the South Australian House of Assembly. ... The form of the Government of Victoria is prescribed in its Constitution, which dates from 1855, although it has been amended many times since then. ...


At an inter-colonial conference in 1870 in Melbourne, Victoria, the idea of an inter-colonial court was again raised, and subsequently a Royal Commission was established in Victoria, to investigate options not only for establishing a court of appeal, but for unifying extradition laws between the colonies and other similar matters. A draft bill establishing a court was put forward by the Commission, but it completely excluded appeals to the Privy Council, which reacted critically and prevented any serious attempts to implement the bill in London (before federation, any laws affecting all the colonies would have to be passed by the British Imperial Parliament in London).[17] 1870 (MDCCCLXX) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 12-day slower Julian calendar). ... Melbournes CBD has grown to straddle the Yarra River in three major precincts. ... Capital Melbourne Government Constitutional monarchy Governor David de Kretser Premier Steve Bracks (ALP) Federal representation  - House seats 37  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $222,022 (2nd)  - Product per capita  $44,443/person (5th) Population (End of September 2006)  - Population  5,110,500 (2nd)  - Density  22. ... In states that are Commonwealth Realms a Royal Commission is a major government public inquiry into an issue. ... Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. ... The federation of Australia was the process by which the six separate British colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia formed a federation. ... The Houses of Parliament, seen over Westminster Bridge The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ...


In 1880, another inter-colonial conference was convened, which proposed the establishment of an Australasian Court of Appeal. This conference was more firmly focused on having an Australian court. Another draft bill was produced, providing that judges from the colonial Supreme Courts would serve one-year terms on the new court, with one judge from each colony at a given time. New Zealand, which was at the time also considering joining the Australian colonies in federation, was also to be a participant in the new court.[17] However, the proposal retained appeals from colonial Supreme Courts to the Privy Council, which some of the colonies disputed, and the bill was eventually abandoned. Year 1880 (MDCCCLXXX) was a leap year starting on Thursday (link will display the full calendar). ...


Constitutional Conventions

The Constitutional Conventions of the 1890s, which met to draft an Australian Constitution, also raised the idea of a federal Supreme Court. Initial proposals at a conference in Melbourne in February 1890 led to a convention in Sydney in March and April 1891, which produced a draft constitution. The draft included the creation of a Supreme Court of Australia, which would not only interpret the Constitution, like the United States Supreme Court, but also would be a court of appeal from the state Supreme Courts. The draft effectively removed appeals to the Privy Council, allowing them only if the British monarch gave leave to appeal and not allowing appeals at all in constitutional matters. Samuel Griffith This image is in the public domain in the United States and possibly other jurisdictions. ... Samuel Griffith This image is in the public domain in the United States and possibly other jurisdictions. ... Sir Samuel Griffith Sir Samuel Walker Griffith (June 21, 1845 - August 9, 1920), Australian politician and judge, was the principal author of the Constitution of Australia. ... The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. ... In Australian history, the term Constitutional Convention refers to four distinct gatherings. ... The 1890s were sometimes referred to as the Mauve Decade, because William Henry Perkins aniline dye allowed the widespread use of that colour in fashion, and also as the Gay Nineties, under the then-current usage of the word gay which referred simply to merriment and frivolity, with no... Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... Melbournes CBD has grown to straddle the Yarra River in three major precincts. ... 1890 (MDCCCXC) was a common year starting on Wednesday (see link for calendar) of the Gregorian calendar (or a common year starting on Friday of the Julian calendar). ... The Sydney Opera House on Sydney Harbour Sydney (pronounced ) is the most populous city in Australia, with a metropolitan area population of over 4,200,000 people, and 151,920 within the city centre. ... Year 1891 (MDCCCXCI) was a common year starting on Thursday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Saturday of the 12-day slower Julian calendar). ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... The British monarch or Sovereign is the monarch and head of state of the United Kingdom and its overseas territories, and is the source of all executive, judicial and (as the Queen-in-Parliament) legislative power. ...


This draft was largely the work of Samuel Griffith,[10] then the Premier of Queensland, later Chief Justice of Queensland and the first Chief Justice of Australia. Other significant contributors to the judicial clauses in the draft included Attorney-General of Tasmania Andrew Inglis Clark, who had prepared his own constitution prior to the convention. Inglis Clark's most significant contribution was to give the court its own constitutional authority, ensuring the separation of powers; the original formulation from Griffith, Edmund Barton and Charles Kingston provided only that the parliament could establish a court.[16] Sir Samuel Griffith Sir Samuel Walker Griffith (June 21, 1845 - August 9, 1920), Australian politician and judge, was the principal author of the Constitution of Australia. ... List of Premiers of Queensland Before the 1890s there was no formal party system in Queensland. ... The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. ... Andrew Inglis Clark was born in Hobart, Tasmania on February 24, 1848, 5 years before the end of convict transportation to Tasmania. ... The Politics series Politics Portal This box:      Separation of powers a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ... Sir Edmund Barton, GCMG, QC (18 January 1849 – 7 January 1920), Australian politician and judge, was the first Prime Minister of Australia and a founding justice of the High Court of Australia. ... Charles Kingston (standing, second from right) as a member of the first federal Cabinet, January 1901 Charles Cameron Kingston, (October 22, 1850 - May 11, 1908) Australian politician, was Premier of South Australia and a member of the first Federal Parliament. ...

Andrew Inglis Clark, contributor to the clauses about the High Court in the Constitution of Australia.

At the later conventions, in Adelaide in 1897, in Sydney later the same year and in Melbourne in early 1898, there were changes to the earlier draft. In Adelaide, the name of the court was changed from Supreme Court of Australia to High Court of Australia. Many people also opposed the new court completely replacing the Privy Council. Many large businesses, particularly those which were subsidiaries of British companies or regularly traded with the United Kingdom, preferred for business reasons to keep the colonies under the unified jurisdiction of the British courts, and petitioned the conventions to that effect.[10] Some politicians, such as Dibbs, supported the petitioners, but others, including Alfred Deakin, supported the design of the court. Despite the debate, the portions of the draft dealing with the court remained largely unchanged, as the delegates focused on different matters. Image File history File links Andrew_inglis_clark. ... Image File history File links Andrew_inglis_clark. ... Andrew Inglis Clark was born in Hobart, Tasmania on February 24, 1848, 5 years before the end of convict transportation to Tasmania. ... Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... Adelaide is the capital and most populous city of the Australian state of South Australia, and is the fifth largest city in Australia, with a population of over 1. ... 1897 (MDCCCXCVII) was a common year starting on Friday (see link for calendar). ... Year 1898 (MDCCCXCVIII) was a common year starting on Saturday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Monday of the 12-day-slower Julian calendar). ... Alfred William Deakin (3 August 1856 – 7 October 1919), Australian politician, was a leader of the movement for Australian federation and later second Prime Minister of Australia. ...


When the draft was approved by the colonies, it was taken to London in 1899, for the assent of the British Imperial Parliament. The Secretary of State for Colonial Affairs, Joseph Chamberlain, had altered the draft, allowing much wider rights of appeal to the Privy Council. After much negotiation, a compromise was reached, in the form of the current text of section 74, which allows the monarch to grant leave to appeal, and allowed some appeals directly from state Supreme Courts (a right which has subsequently been removed).
Year 1899 (MDCCCXCIX) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Friday [1] of the 12-day-slower Julian calendar). ... The Houses of Parliament, seen over Westminster Bridge The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ... The Rt. ...


Formation of the court

The first Chief Justice of Australia, Sir Samuel Griffith, is administered the judicial oath at the first sitting of the High Court, in the Banco Court of the Supreme Court of Victoria, 6 October 1903.

The Constitution was passed by the Imperial Parliament, and came into effect on 1 January 1901. However, the High Court was not established straight away; it was necessary for the Parliament to make laws about the structure and procedure of the court. Some of the members of the First Parliament, including Sir John Quick, then one of the leading legal experts in Australia, opposed legislation to set up the court. Even H.B. Higgins, who was himself later appointed to the court, objected to setting it up, on the grounds that it would be impotent while Privy Council appeals remained, and that in any event there was not enough work for a federal court to make it viable.[10] Image File history File links Opening_hca_melb. ... Image File history File links Opening_hca_melb. ... The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. ... Sir Samuel Griffith Sir Samuel Walker Griffith (June 21, 1845 - August 9, 1920), Australian politician and judge, was the principal author of the Constitution of Australia. ... The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. ... October 6 is the 279th day of the year (280th in leap years). ... 1900 (MCMIII) was a common year starting on Thursday (link will display calendar) of the Gregorian calendar or a common year starting on Friday of the 13-day slower Julian calendar. ... January 1 is the first day of the calendar year in both the Julian and Gregorian calendars. ... 1901 (MCMI) was a common year starting on Tuesday (link will display calendar) of the Gregorian calendar (or a common year starting on Wednesday of the 13-day-slower Julian calendar). ... The main entrance to Parliament House in Canberra, with the flag mast visible. ... This is a list of the members of the Australian House of Representatives in the First Australian Parliament, which was elected on 29 March 1901. ... Sir John Quick (14 April 1852 – 17 June 1932), Australian politician and author, was the federal member for Bendigo from 1901 to 1913 and a leading delegate to the constitutional conventions of the 1890s. ... Hon H.B. Higgins For the fictional character Henry Higgins see Pygmalion or My Fair Lady. ...


In 1902, the then Attorney-General Alfred Deakin introduced the Judiciary Bill 1902 into the parliament. Although Deakin and Griffith had produced a draft bill as early as February 1901, it was continually delayed by opponents in the parliament. The success of the bill is generally attributed to Deakin's passion and effort in pushing the bill through the parliament despite this opposition. Deakin had proposed that the court be constituted of five judges, specially selected to the court. Opponents proposed that the court should be made up of state Supreme Court justices, taking turns to sit on the High Court on a rotation basis, as had been mooted at the Constitutional Conventions a decade before. Deakin eventually negotiated amendments with the opposition, reducing the number of judges from five to three, and eliminating financial benefits such as pensions. 1902 (MCMII) was a common year starting on Wednesday (see link for calendar). ... The Attorney-General of Australia is the chief law officer of the Crown and a member of the Federal Cabinet. ... 1901 (MCMI) was a common year starting on Tuesday (link will display calendar) of the Gregorian calendar (or a common year starting on Wednesday of the 13-day-slower Julian calendar). ... The Opposition in Australia fulfils the same function as the official opposition in other Commonwealth of Nations monarchies. ...


At one point, Deakin even threatened to resign as Attorney-General due to the difficulties he faced.[16] In what is now a famous speech, Deakin gave a second reading to the House of Representatives, lasting three and a half hours, in which he declared: A second reading is the state of the legislative process where a draft of a bill is read a second time. ... Australian House of Representatives chamber Entrance to the House of Representatives The Australian House of Representatives is one of the two houses (chambers) of the Parliament of Australia. ...

"The federation is constituted by distribution of powers, and it is this court which decides the orbit and boundary of every power... It is properly termed the keystone of the federal arch... The statute stands and will stand on the statute-book just as in the hour in which it was assented to. But the nation lives, grows and expands. Its circumstances change, its needs alter, and its problems present themselves with new faces. [The High Court] enables the Constitution to grow and be adapted to the changeful necessities and circumstances of generation after generation that the High Court operates."[18]

Deakin's friend, painter Tom Roberts, who viewed the speech from the public gallery, declared it Deakin's "magnum opus". The Judiciary Act 1903 was finally passed on 25 August 1903, and the first three justices, Chief Justice Samuel Griffith and Justices Edmund Barton and Richard O'Connor were appointed on 5 October of that year. On the 6 October, the court held its first sitting in the Banco Court in the Supreme Court of Victoria. Thomas William Roberts (8 March 1856 - 14 September 1931), usually known simply as Tom, was a famous Australian artist and a key member of the Heidelberg School. ... The Judiciary Act 1903 (Cth. ... August 25 is the 237th day of the year in the Gregorian calendar (238th in leap years), with 128 days remaining. ... 1900 (MCMIII) was a common year starting on Thursday (link will display calendar) of the Gregorian calendar or a common year starting on Friday of the 13-day slower Julian calendar. ... The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. ... Sir Samuel Griffith Sir Samuel Walker Griffith (June 21, 1845 - August 9, 1920), Australian politician and judge, was the principal author of the Constitution of Australia. ... Sir Edmund Barton, GCMG, QC (18 January 1849 – 7 January 1920), Australian politician and judge, was the first Prime Minister of Australia and a founding justice of the High Court of Australia. ... Richard Edward OConnor (1851 - 18 November 1912), Australian politician, was a member of the first federal ministry. ... October 5 is the 278th day of the year (279th in leap years) in the Gregorian calendar. ... October 6 is the 279th day of the year (280th in leap years). ... The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. ...


First years of the court

The court's home between 1928 and 1980, the purpose-built courtroom in Little Bourke Street, Melbourne.

After the court's first sitting in the Banco Court in Melbourne, the court continued to use that court until 1928, when a separate courtroom was built in Little Bourke Street. Also in this building was the court's principal registry. The court also sat regularly in Sydney, where it was located in an extension on the side of the Criminal Courts in the suburb of Darlinghurst. Little Bourke Street is a street in the central business district of Melbourne, Victoria, Australia. ... Melbournes CBD has grown to straddle the Yarra River in three major precincts. ... Melbournes CBD has grown to straddle the Yarra River in three major precincts. ... Year 1928 (MCMXXVIII) was a leap year starting on Sunday (link will display full calendar). ... Little Bourke Street is a street in the central business district of Melbourne, Victoria, Australia. ... Registry has several meanings, all of which generally relate to its original or historical meaning as a written, official or formal record of information, or the place where such records are kept. ... The Sydney Opera House on Sydney Harbour Sydney (pronounced ) is the most populous city in Australia, with a metropolitan area population of over 4,200,000 people, and 151,920 within the city centre. ... Darlinghurst is an inner-city, eastern suburb of Sydney, in the state of New South Wales, Australia. ...


The court also travelled to other cities across the country, where it did not have any facilities of its own, but used facilities of the Supreme Court in each city. Alfred Deakin had envisaged that the court would sit in many different locations, so as to truly be a federal court. Shortly after the court's creation, Chief Justice Griffith established a schedule for sittings in state capitals: Hobart, Tasmania in February, Brisbane, Queensland in June, Perth, Western Australia in September and Adelaide, South Australia in October. It is said that Griffith established this schedule because those were the times of year he found the weather most pleasant in each city. The tradition remains to this day, although most of the court's sittings are now conducted in Canberra. Hobart is the state capital and most populous city of the Australian island state of Tasmania. ... Capital Hobart Government Constitutional monarchy Governor William Cox Premier Paul Lennon (ALP) Federal representation  - House seats 5  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $16,114 (7th)  - Product per capita  $33,243/person (8th) Population (End of September 2006)  - Population  489,600 (6th)  - Density  7. ... Brisbane (pronounced ) is the capital and most populous city of the Australian state of Queensland, as well as the third largest city in Australia, with a greater metropolitan population of 1. ... Capital Brisbane Government Constitutional monarchy Governor Quentin Bryce Premier Peter Beattie (ALP) Federal representation  - House seats 28  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $158,506 (3rd)  - Product per capita  $40,170/person (6th) Population (End of September 2006)  - Population  4,070,400 (3rd)  - Density  2. ... The Perth skyline viewed from the Swan River This article is about the metropolitan area of Perth, Western Australia. ... Capital Perth Government Constitutional monarchy Governor Ken Michael Premier Alan Carpenter (ALP) Federal representation  - House seats 15  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $100,900 (4th)  - Product per capita  $50,355/person (3rd) Population (December 2006)  - Population  2,050,900 (4th)  - Density  0. ... Adelaide is the capital and most populous city of the Australian state of South Australia, and is the fifth largest city in Australia, with a population of over 1. ... Capital Adelaide Government Constitutional monarchy Governor Marjorie Jackson-Nelson Premier Mike Rann (ALP) Federal representation  - House seats 11  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $59,819 (5th)  - Product per capita  $38,838/person (7th) Population (End of September 2006)  - Population  1,558,200 (5th)  - Density  1. ... For other uses, see Canberra (disambiguation). ...

The annex to the Criminal Court in Darlinghurst, the court's home in Sydney.

Sittings were dependent on the caseload, and to this day sittings in Hobart occur only once every few years. There are annual sittings in Perth, Adelaide and Brisbane for up to a week each. During the Great Depression, sittings outside of Melbourne and Sydney were suspended in order to save costs. Darlinghurst is an inner-city, eastern suburb of Sydney, in the state of New South Wales, Australia. ... The Sydney Opera House on Sydney Harbour Sydney (pronounced ) is the most populous city in Australia, with a metropolitan area population of over 4,200,000 people, and 151,920 within the city centre. ... The Great Depression was a time of economic down turn, which started after the stock market crash on October 29, 1929, known as Black Tuesday. ...


During World War II, the court faced a period of change. The Chief Justice, John Latham, was the Australian ambassador to Japan from 1940 to 1941, before the commencement of the Pacific War. Justice Owen Dixon was also absent for several years, while he served as Australia's ambassador to Washington. George Rich was Acting Chief Justice in Latham's absence. There were many difficult cases concerning the federal government's use of the defence power during the war.
Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... Rt Hon Sir John Latham, as Minister for External Affairs in the Lyons government Sir John Latham KBE (26 August 1877 – 25 July 1964), Australian judge and politician, was the fifth Chief Justice of the High Court of Australia. ... This article or section does not cite any references or sources. ... For the movie, see 1941 (film). ... Combatants China (from 1937) United States (1941) U.K. (1941) Australia (from 1941) Free France (1941) Netherlands (1941) New Zealand (1941) Canada (1941) Soviet Union (1945) Japan (from 1937)  Germany (1941) Thailand (from 1942) Manchukuo Commanders Chiang Kai-shek Franklin D. Roosevelt Winston Churchill John Curtin Fumimaro Konoe Hideki Tojo... Sir Owen Dixon, GCMG, KBE, PC (1886 - 1972), Australian judge and politician, was the sixth Chief Justice of Australia. ... Nickname: Motto: Justitia Omnibus (Justice for All) Location of Washington, D.C., in relation to the states Maryland and Virginia Coordinates: Country United States Federal District District of Columbia Government  - Mayor Adrian M. Fenty (D)  - City Council Chairperson: Vincent C. Gray (D) Ward 1: Jim Graham (D) Ward 2: Jack... Rt Hon Sir George Edward Rich KCMG PC (3 May 1863 – 14 May 1956), Australian judge, was a justice of the High Court of Australia. ... The Commonwealth of Australia is a constitutional monarchy, a federation, and a parliamentary democracy. ...


Post-war period

From 1952, with the appointment of Owen Dixon as Chief Justice, the court entered a period of stability. After World War II, the court's workload continued to grow, particularly from the 1960s onwards, putting pressures on the court.[19] Garfield Barwick, who was Attorney-General from 1958 to 1964, and from then till 1981 Chief Justice, proposed that more federal courts be established, as permitted under the Constitution. In 1976 the Federal Court of Australia was established, with a general federal jurisdiction, and in more recent years the Family Court and Federal Magistrates Court have been set up to reduce the court's workload in specific areas. 1952 (MCMLII) was a Leap year starting on Tuesday (link will take you to calendar). ... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... The 1960s decade refers to the years from January 1, 1960 to December 31, 1969, inclusive. ... Sir Garfield Edward John Barwick, AK GCMG, PC (22 June 1903 - 14 July 1997) was the Chief Justice of the High Court of Australia. ... The Attorney-General of Australia is the chief law officer of the Crown and a member of the Federal Cabinet. ... Year 1958 (MCMLVIII) was a common year starting on Wednesday of the Gregorian calendar. ... 1964 (MCMLXIV) was a leap year starting on Wednesday (the link is to a full 1964 calendar). ... 1981 (MCMLXXXI) was a common year starting on Thursday of the Gregorian calendar. ... The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. ... 1976 (MCMLXXVI) was a leap year starting on Thursday. ... In Melbourne, the Federal Court is housed with other federal courts such as the High Court and the Federal Magistrates Court in the Federal Court Building on the corner of La Trobe Street and William Street The Federal Court of Australia is the Australian court in which most civil disputes... It has been suggested that Australian family law be merged into this article or section. ... The Federal Magistrates Service in Australia was established by the Federal Magistrates Act 1999 (Cth), although its first officers were not appointed until 2000. ...


In the 1950s, the then Prime Minister Robert Menzies had established a plan to develop Canberra, and construct more important national buildings. In 1959, a plan featured a new building for the High Court on the shores of Lake Burley Griffin, next to the location for the new Parliament House, and the National Library of Australia. This plan was abandoned in 1968, and the location of the Parliament was moved, later settling on the present site on Capital Hill. In March 1968, the government announced that the court would move to Canberra and in 1972 a competition was held for designs. This does not cite any references or sources. ... Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... Sir Robert Gordon Menzies, KT, AK, CH, FRS, QC (20 December 1894 – 14 May 1978), Australian politician, was the twelfth and longest-serving Prime Minister of Australia, serving eighteen and a half years. ... 1959 (MCMLIX) was a common year starting on Thursday of the Gregorian calendar. ... Sunset over Lake Burley Griffin, viewed from the Commonwealth Bridge Lake Burley Griffin is a lake in the centre of Canberra, Australias federal capital city. ... Parliament House Canberra: The main entrance and the flag Parliament House is the name given to two purpose-built buildings opened in 1988 in Canberra, the capital of Australia. ... National Library of Australia National Library of Australia as viewed from Lake Burley Griffin The National Library of Australia is located in Canberra, Australia. ... Year 1968 (MCMLXVIII) was a leap year starting on Monday (link will display full calendar) of the 1968 Gregorian calendar. ... 1972 (MCMLXXII) was a leap year starting on Saturday. ...

High Court building.

Construction began in 1975, on a site on the shore of Lake Burley Griffin, in the Parliamentary Triangle. The site is just to the east of the axis running between Capital Hill and the Australian War Memorial. The building was designed by Edwards Madigan Torzillo and Briggs Pty Ltd and constructed between 1975 and 1980. It is an unusual and distinctive structure, built in the brutalist style, and features an immense public atrium with a 24 metre high roof. The High Court building houses three courtrooms, Justices' chambers, and the Court's main registry, library, and corporate services facilities. The building was completed in 1980, and the majority of the court's sittings have been held in Canberra since then. Download high resolution version (1600x1200, 401 KB)High Court of Australia photo taken by John Conway and released under the GFDL File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Download high resolution version (1600x1200, 401 KB)High Court of Australia photo taken by John Conway and released under the GFDL File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... 1975 (MCMLXXV) was a common year starting on Wednesday. ... The Parliamentary Triangle is the ceremonial precinct of Canberra and contains the Parliament (which also houses the executive branch and the High Court of Australia. ... The eternal flame at the heart of the Memorial keeps the spirit of the fallen alive The Australian War Memorial The Australian War Memorial is Australias national memorial to the members of all its armed forces and supporting organizations who have died in the wars of the Commonwealth of... Brutalism is an architectural style that spawned from the Modernist architectural movement and which flourished from the 1950s to the 1970s. ... Year 1980 (MCMLXXX) was a leap year starting on Tuesday (link displays the 1980 Gregorian calendar). ...


Recent history

In 1977, the referendum on retirement of judges was successful, which altered the Constitution to require that all High Court justices must retire when they turned seventy. In 1979, after campaigning from Chief Justice Garfield Barwick, the High Court of Australia Act 1979 was passed, granting the court the ability to manage its own affairs, including control over court personnel. For the album by Ash, see 1977 (album). ... The legislation Constitution Alteration (Retirement of Judges) 1977 proposed to create a retirement age of 70 for judges in federal courts. ... For the song by the Smashing Pumpkins, see 1979 (song). ... Sir Garfield Edward John Barwick, AK GCMG, PC (22 June 1903 - 14 July 1997) was the Chief Justice of the High Court of Australia. ...


The justices of the court abandoned the wearing of wigs in 1988. Barristers continued and still continue to wear wigs in court.


In 1989, video hearings were introduced, to allow the justices in Canberra to hear cases in places such as Darwin, Northern Territory, where the court does not travel to visit. 1989 (MCMLXXXIX) was a common year starting on Sunday of the Gregorian calendar. ... Darwin is the capital city of the Australian Territory of the Northern Territory. ... Capital Darwin Government Const. ...


The High Court celebrated its centenary on 6 October 2003. A special session was held in the Banco Court of the Supreme Court of Victoria, where a hundred years earlier, the court had first sat. October 6 is the 279th day of the year (280th in leap years). ... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ...


Jurisprudence

The legal history of the court is commonly summarised by reference to the Chief Justice of the time. The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. ...


Griffith court

Sir Isaac Isaacs, Justice from 1906 and Chief Justice from 1930-1931.

As the first High Court, the court under Chief Justice Samuel Griffith has to establish its position as a new court of appeal for the whole of Australia, and had to develop a new body of principle for interpreting the Constitution of Australia and federal legislation. Griffith himself was very much the dominant influence on the court in its early years, but after the appointment of Isaac Isaacs and H.B. Higgins in 1906, and the death of foundation Justice Richard O'Connor, Griffith's influence began to decline.[20] Isaac Isaacs File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Isaac Isaacs File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Sir Isaac Isaacs Sir Isaac Alfred Isaacs, KBE, PC (6 August 1855 - 12 February 1948) Australian judge and politician, was the ninth Governor-General of Australia, the first Jew, and the first Australian to occupy that post. ... Sir Samuel Griffith Sir Samuel Walker Griffith (June 21, 1845 - August 9, 1920), Australian politician and judge, was the principal author of the Constitution of Australia. ... Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... Sir Isaac Isaacs Sir Isaac Alfred Isaacs, KBE, PC (6 August 1855 - 12 February 1948) Australian judge and politician, was the ninth Governor-General of Australia, the first Jew, and the first Australian to occupy that post. ... Hon H.B. Higgins For the fictional character Henry Higgins see Pygmalion or My Fair Lady. ... Richard Edward OConnor (1851 - 18 November 1912), Australian politician, was a member of the first federal ministry. ...


The court was keen to establish its position at the top of the Australian court hierarchy. In Deakin v Webb[21] (1904) Griffith criticised the Supreme Court of Victoria for following a Privy Council decision about the Constitution of Canada, rather than following the High Court's own decision on the Australian Constitution.[17] There are two broad levels within the hierarchy of Australian courts, the federal level and the state and territory level. ... The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. ... The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ... The Constitution of Canada is the supreme law in Canada. ...


In Australian constitutional law, the early decisions of the court were influenced by United States constitutional law. In the case of D'Emden v Pedder[22] (1904), which involved the application of Tasmanian stamp duty to a federal official's salary, the court adopted the doctrine of implied immunity of instrumentalities which had been established in the United States Supreme Court case of McCulloch v. Maryland[23] (1803). That doctrine established that any attempt by the federal government to interfere with the legislative or executive power of the states was invalid, and vice versa. Accompanying that doctrine was the doctrine of reserved State powers, which was based on the principle that the powers of the federal parliament should be interpreted narrowly, to avoid intruding on areas of power traditionally exercise by the state parliaments. The concept was developed in such cases as Peterswald v Bartley[24] (1904), R v Barger[25] (1908) and the Union Label case[26] (1908). Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... In the United States, constitutional law generally refers to the provisions of the United States Constitution, as interpreted by the United States Supreme Court. ... Capital Hobart Government Constitutional monarchy Governor William Cox Premier Paul Lennon (ALP) Federal representation  - House seats 5  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $16,114 (7th)  - Product per capita  $33,243/person (8th) Population (End of September 2006)  - Population  489,600 (6th)  - Density  7. ... Stamp duty is a form of tax that is levied on documents. ... This article or section does not adequately cite its references or sources. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body in the... Holding Although the Constitution does not specifically give Congress the power to establish a bank, it does delegate the ability to tax and spend, and a bank is a proper and suitable instrument to assist the operations of the government in the collection and disbursement of the revenue. ... The states and territories of Australia make up the Commonwealth of Australia under a federal system of government. ... The reserved State powers, also called reserved powers, is a doctrine used in the interpretation of the Constitution of Australia. ... The main entrance to Parliament House in Canberra, with the flag mast visible. ...


Together the two doctrines helped smooth the transition to a federal system of government, and "by preserving a balance between the constituent elements of the Australian federation, probably conformed to community sentiment, which at that stage was by no means adjusted to the exercise of central power."[20] The court had a generally conservative view of the Constitution, taking narrow interpretations of section 116 (which guarantees religious freedom) and section 117 (which prevents discrimination on the basis of someone's state of origin), interpretations that were to last well into the 1980s.[20] This article cites very few or no references or sources. ...


Knox, Isaacs and Gavan Duffy courts

Adrian Knox became Chief Justice on 18 October 1919, and less than three months later foundation Justice Edmund Barton died, leaving no original members. The most significant case of the era was the Engineers case[27] (1920), decided at the beginning of Knox's term. In that case, the doctrines of reserved State powers and implied immunity of instrumentalities were both overturned, and the court entered a new era of constitutional interpretation in which the focus would fall almost exclusively on the text of the Constitution, and in which the powers of the federal parliament would gain increasing importance. Sir Adrian Knox PC KCMG (born 1863, died 1932), Australian judge, was the second Chief Justice of the High Court of Australia, sitting on the bench of the High Court from 1919 to 1930. ... October 18 is the 291st day of the year (292nd in leap years). ... Year 1919 (MCMXIX) was a common year starting on Wednesday (link will display the full calendar). ... Sir Edmund Barton, GCMG, QC (18 January 1849 – 7 January 1920), Australian politician and judge, was the first Prime Minister of Australia and a founding justice of the High Court of Australia. ... The Amalgamated Society of Engineers v The Adelaide Steamship Company Limited and Others (1920) 28 CLR 129 [1920] HCA 54 (commonly known as the Engineers Case) was a landmark Australian court case decided in the High Court of Australia on August 31, 1920. ... The main entrance to Parliament House in Canberra, with the flag mast visible. ...


Some of the Knox court's early work related to the aftermath of World War I. In Roche v Kronheimer[28] (1921), the court upheld federal legislation which allowed for the making of regulations to implement Australia's obligations under the Treaty of Versailles. The majority decided the case on the defence power, but Higgins decided it on the external affairs power, the first case to decide that the external affairs power could be used to implement an international treaty in Australia. “The Great War ” redirects here. ... The Treaty of Versailles (1919) was the peace treaty which officially ended World War I between the Allied and Associated Powers and Germany. ... Section 51(vi) of the Australian Constitution, commonly called the defence power, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to the naval and military defence of the Commonwealth and of the several States, and the control... Section 51(xxix) of the Australian Constitution is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament of Australia the right to legislate with respect to external affairs. In recent years, most attention has focused on the use of the power to pass legislation giving...


Isaac Isaacs was Chief Justice for only forty-two weeks, before leaving the court to be appointed Governor-General of Australia. Isaacs was ill for much of his term as Chief Justice, and few significant cases were decided under his formal leadership; rather, his best years were under Knox, where he was the most senior puisne Justice and led the court in many decisions.[29] Michael Jeffery, the current Governor-General of Australia The Governor-General of Australia is the representative in Australia of Australias head of state, Queen Elizabeth II, Queen of Australia, who lives in the United Kingdom. ... Puisne (from Old French puisne, modern putne, later born, inferior; Lat. ...


Frank Gavan Duffy was Chief Justice for four years beginning in 1931, although he was already 78 when appointed to the position and did not exert much influence, given that (excluding single-Justice cases) he participated in only 40% of cases in that time, and regularly gave short judgments or joint judgments with other Justices.[30] In the context of the Great Depression, the court was reduced to six Justices, resulting in many tied decisions which have no lasting value as precedent. Sir Frank Gavan Duffy KCMG PC (born 1852, died 1936), Australian judge, was the fourth Chief Justice of the High Court of Australia, sitting on the bench of the High Court from 1913 to 1935. ... 1931 (MCMXXXI) was a common year starting on Thursday (link is to a full 1931 calendar). ... The Great Depression was a time of economic down turn, which started after the stock market crash on October 29, 1929, known as Black Tuesday. ... In law, a precedent or authority is a legal case establishing a principle or rule that a court may need to adopt when deciding subsequent cases with similar issues or facts. ...


During this time, the court did decide several important cases, including Attorney-General (New South Wales) v Trethowan[31] (1931), which considered Premier of New South Wales Jack Lang's attempt to abolish the New South Wales Legislative Council, and the First State Garnishee case[32] (1932), which upheld federal legislation compelling the Lang government to repay its loans. Much of the court's other work related to legislation passed in response to the Depression. List of Premiers of New South Wales Before the 1890s there was no formal party system in New South Wales. ... John Thomas Lang (21 December 1876 - 27 September 1975), Australian politician, usually referred to as J.T. Lang during his career, familiarly known as Jack and nicknamed The Big Fella, was Premier of New South Wales for two terms (1925-27, 1930-32). ... The Legislative Council, or upper house, is one of the two chambers of the parliament of New South Wales in Australia. ...


Latham court

John Latham, before his appointment to the court, as Deputy Prime Minister and Minister for External Affairs in the Lyons government.

The court under Chief Justice John Latham, who came to the office in 1935, was punctuated by World War II. Although it dealt with cases in other areas, its most important and lasting work related to wartime legislation, and the transition back to peace following the war.[33] The court upheld much legislation under the defence power, interpreting it broadly wherever there was a connection to defence purposes, in cases such as Andrews v Howell[34] (1941) and de Mestre v Chisholm[35] (1944). In general, the Curtin Labor government was rarely successfully challenged, the court recognising the necessity that the defence power permit the federal government to govern strongly. The court also allowed the federal government to institute a national income tax scheme in the First Uniform Tax case[36] (1942), and upheld legislation allowing the proclamation of the pacifist Jehovah's Witnesses religion as a subversive organisation, in the Jehovah's Witnesses case[37] (1943). Rt Hon Sir John Latham, as Minister for External Affairs in the Lyons government Sir John Latham KBE (26 August 1877 – 25 July 1964), Australian judge and politician, was the fifth Chief Justice of the High Court of Australia. ... Joseph Aloysius Lyons (15 September 1879 – 7 April 1939), Australian politician, tenth Prime Minister of Australia. ... Sir John Latham KBE (born 1877, died 1964), Australian judge and politician, was the fifth Chief Justice of the High Court of Australia. ... 1935 (MCMXXXV) was a common year starting on Tuesday (link will display full calendar). ... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... Section 51(vi) of the Australian Constitution, commonly called the defence power, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to the naval and military defence of the Commonwealth and of the several States, and the control... John Curtin (8 January 1885 – 5 July 1945), Australian politician and 14th Prime Minister of Australia, led Australia when the Australian mainland came under direct military threat during the Japanese advance in World War II. Many Australians regard him as the countrys greatest political leader and greatest Prime Minister. ... An income tax is a tax levied on the financial income of persons, corporations, or other legal entities. ... Pacifist may mean: an advocate of pacifism. ... Adelaide Company of Jehovahs Witnesses Inc v Commonwealth (also known as the Jehovahs Witnesses case) was an important court case decided in the High Court of Australia on June 14, 1943. ...


The court reined in the wide scope of the defence power after the war, allowing for a transitional period. It struck down several key planks of the Chifley Labor government's reconstruction program, notably an attempt to nationalise the banks in the Bank Nationalisation case[38] (1948), and an attempt to establish a comprehensive medical benefits scheme in the First Pharmaceutical Benefits case[39] (1945). However the court also famously struck down Menzies Liberal government legislation banning the Communist Party of Australia in the Communist Party case[40] (1951), Latham's last major case. Joseph Benedict Chifley (22 September 1885 – 13 June 1951), Australian politician and 16th Prime Minister of Australia, was one of Australias most influential Prime Ministers. ... Nationalization or nationalisation is the act of transferring assets into public ownership. ... Bank of New South Wales v The Commonwealth (1948) 76 CLR 1, also known as the Bank Nationalisation Case, is a very famous case of the High Court of Australia Comfortable in government after two strong election wins, the Labor government of Ben Chifley announced in 1947 its intention to... Sir Robert Gordon Menzies, KT, AK, CH, FRS, QC (20 December 1894 – 14 May 1978), Australian politician, was the twelfth and longest-serving Prime Minister of Australia, serving eighteen and a half years. ... This article or section cites very few or no references or sources. ... The Communist Party of Australia was founded in 1920 and dissolved in 1991. ... The Communist Party v The Commonwealth (1951) 83 CLR 1, also known as the The Communist Party Case, is a very famous case of the High Court of Australia Background Taking advantage of Cold War concerns. ...


Apart from the wartime cases, the Latham court also developed the criminal defence of honest and reasonable mistake of fact, for example in Proudman v Dayman[41] (1941). It also paved the way for the development of the external affairs power by upholding the implementation of an air navigation treaty in R v Burgess; Ex parte Henry[42] (1936). Australian criminal law refers to the criminal laws of the several jurisdictions in the Commonwealth of Australia. ... Section 51(xxix) of the Australian Constitution is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament of Australia the right to legislate with respect to external affairs. In recent years, most attention has focused on the use of the power to pass legislation giving... R v Burgess; Ex parte Henry (1936) 55 CLR 608 was a case decided in the High Court of Australia regarding the scope of the trade and commerce power and the external affairs power, in sections 51(i) and 51(xxix) respectively, of the Constitution. ...


Dixon court

The bench in 1952, shortly before Latham's retirement as Chief Justice. Back, left to right, Fullagar, Webb, Williams & Kitto. Front, left to right, Dixon, Latham & McTiernan.

Under Chief Justice Owen Dixon, who was elevated to that role in 1952 after 23 years as a puisne Justice, the court enjoyed its most successful period, with English judge, Master of the Rolls Lord Denning, describing the time as the court's "Golden Age".[43] Dixon, widely regarded as Australia's greatest judge, had a commanding personal and legal influence over the court in this time, measurable in the rise in joint judgments (many of which were led by Dixon) and good relations between the Justices.[43] Sir Wilfred Kelsham Fullagar, KBE, KC (16 November 1892 – 9 July 1961), Australian judge, was a Justice of the High Court of Australia. ... Hon Sir William Flood Webb KBE (21 January 1887 – 11 August 1972), Australian judge, was a Justice of the High Court of Australia. ... Hon Sir Dudley Williams MC KC KBE (1889 – 1963), Australian judge, was a Justice of the High Court of Australia. ... Rt Hon Sir Frank Walters Kitto KC KBE PC AC (30 July 1903 – 14 February 1994), Australian judge, was a Justice of the High Court of Australia. ... Sir Owen Dixon, GCMG, KBE, PC (1886 - 1972), Australian judge and politician, was the sixth Chief Justice of Australia. ... Rt Hon Sir John Latham, as Minister for External Affairs in the Lyons government Sir John Latham KBE (26 August 1877 – 25 July 1964), Australian judge and politician, was the fifth Chief Justice of the High Court of Australia. ... Sir Edward Aloysius McTiernan (February 16, 1892 - January 9, 1990) was an Australian jurist, lawyer and politician. ... Sir Owen Dixon, GCMG, KBE, PC (1886 - 1972), Australian judge and politician, was the sixth Chief Justice of Australia. ... 1952 (MCMLII) was a Leap year starting on Tuesday (link will take you to calendar). ... Puisne (from Old French puisne, modern putne, later born, inferior; Lat. ... The Master of the Rolls is the third most senior judge of England, the Lord Chancellor of Great Britain traditionally being first and the Lord Chief Justice second. ... The Right Honourable Alfred Thompson Denning, Baron Denning, OM, PC (23 January 1899 – 5 March 1999) was a British barrister from Hampshire who became Master of the Rolls (the senior civil judge in the Court of Appeal of England and Wales) and was generally well liked, both within the legal...


While there were fewer cases which tested the limits of federal power, which was probably due to the Menzies government which was firmly entrenched in its conservative phase throughout Dixon's tenure, the court did decide several important constitutional cases. Dixon led the court in firmly establishing the separation of powers for the judiciary in the Boilermakers' case[44] (1956), and the court also upheld the continuing existence of the federal government's income tax scheme in the Second Uniform Tax case[45] (1957). The Politics series Politics Portal This box:      Separation of powers a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ... The Politics series Politics Portal This box:      In law, the judiciary or judicial is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... The Queen v. ...


During Dixon's time as Chief Justice, the court came to adopt several of the views that Dixon had advanced in minority opinions in years prior. In several cases, the court upheld Dixon's interpretation of section 92 of the Australian Constitution (one of the most troublesome sections of the Constitution), which he regarded as guaranteeing a constitutional right to engage in interstate trade, subject to reasonable regulation. It also followed Dixon's interpretation of section 90 (which prohibits the states from exacting duties of excise), although both these interpretations were ultimately abandoned many years later.[43] Look up Excise in Wiktionary, the free dictionary. ...


Barwick court

Garfield Barwick came to the court as Chief Justice in 1964. Sir Garfield Edward John Barwick, AK GCMG, PC (22 June 1903 - 14 July 1997) was the Chief Justice of the High Court of Australia. ... 1964 (MCMLXIV) was a leap year starting on Wednesday (the link is to a full 1964 calendar). ...


A significant decision of the Barwick court marked the beginning of the modern interpretation of the corporations power, which had been interpreted narrowly since 1909. The Concrete Pipes case[46] (1971) established that the federal parliament could exercise the power to regulate at least the trading activities of corporations, whereas earlier interpretations had allowed only the regulation of conduct or transactions with the public. Section 51(xx) of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to foreign corporations, and trading for financial corporations formed within the limits of the Commonwealth. This power has become known as the... Strickland v Rocla Concrete Pipes Ltd (1971) 124 CLR 468, also known as the Concrete Pipes Case, is a High Court of Australia case that discusses the scope of the corporations power in section 51(xx) of the Australian Constitution. ...


The court decided many other significant constitutional cases, including the Seas and Submerged Lands case[47] (1975), upholding legislation asserting sovereignty over the territorial sea; the First[48] (1975) and Second[49] (1977) Territory Senators cases, which concerned whether legislation allowing for the mainland territories to be represented in the Parliament of Australia was valid; and Russell v Russell[50] (1976), which concerned the validity of the Family Law Act 1975. The court also decided several cases relating to the historic 1974 joint sitting of the Parliament of Australia, including Cormack v Cope[51] (1974) and the Petroleum and Minerals Authority case[52] (1975). The territorial waters are sea waters of a littoral state that are regarded as under jurisdiction of the state: commonly, those waters measured from the shoreline of a sovereign state where the laws of that state are applicable. ... The states and territories of Australia make up the Commonwealth of Australia under a federal system of government. ... The main entrance to Parliament House in Canberra, with the flag mast visible. ... The Australian Family Law Act 1975, sometimes referred to as the FLA by legal practitioners, is an Act of the Australian Parliament. ... A joint sitting of the Australian parliament was convened in August 1974, comprising members of both the Senate and House of Representatives. ...


The Barwick court decided several infamous cases on tax avoidance and tax evasion, almost always deciding in favour of the taxpayer. Led by Barwick himself in most judgments, the court distinguished between avoidance (legitimately minimising one's tax obligations) and evasion (illegally evading obligations). The decisions effectively nullified the anti-avoidance legislation, and led to the proliferation of avoidance schemes in the 1970s, a result which drew much criticism upon the court.[53] This article discusses tax avoidance, tax evasion, tax mitigation, tax fraud, tax resistance and tax protest. ... The 1970s decade refers to the years from 1970 to 1979. ...


Gibbs court

Court 1 - High Court of Australia

Harry Gibbs was appointed as Chief Justice in 1981. Under his leadership, the court moved away from the legalism and conservative traditions which had characterised the Dixon and Barwick courts.[54] Image File history File links Download high resolution version (1600x1200, 371 KB) High Court of Australia, Court 1 File links The following pages link to this file: High Court of Australia ... Image File history File links Download high resolution version (1600x1200, 371 KB) High Court of Australia, Court 1 File links The following pages link to this file: High Court of Australia ... The Right Honourable Sir Harry Talbot Gibbs, GCMG, AC, KBE (February 7, 1917 - 25 June 2005) was Chief Justice of the High Court of Australia from 1981 to 1987 after serving as a member of the High Court between 1970 and 1981. ... 1981 (MCMLXXXI) was a common year starting on Thursday of the Gregorian calendar. ...


The Gibbs court made several important decisions in Australian constitutional law. It fulfilled the promise of the external affairs power, recognising that it could be used to implement treaties into domestic law. In Koowarta v Bjelke-Petersen[55] (1982) four judges to three upheld the validity of the Racial Discrimination Act 1975, although no single view had majority support. However, in the Tasmanian Dams case[56] (1983), a majority of the court upheld federal environmental legislation under the power. Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... Section 51(xxix) of the Australian Constitution is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament of Australia the right to legislate with respect to external affairs. In recent years, most attention has focused on the use of the power to pass legislation giving... Single European Act A treaty is a binding agreement under international law entered into by actors in international law, namely states and international organizations. ... Koowarta v Bjelke-Petersen was a significant court case decided in the High Court of Australia on May 11, 1982. ... The Racial Discrimination Act 1975 is a statute passed by the Parliament of Australia under the Government of former Labor Prime Minister Gough Whitlam. ... Commonwealth v Tasmania (1983) 158 CLR 1, (popularly known as the Tasmanian Dam Case) was a significant Australian court case, decided in the High Court of Australia on July 1, 1983. ...


The court also adopted a more expansive interpretation of the corporations power. In the Actors Equity case[57] (1982), the court upheld regulations which, although they did not directly regulate corporations, indirectly protected corporations. In the Tasmanian Dams case, the court indicated that it would interpret the power to uphold legislation regulating the non-trading activities of corporations, although it did not decide the case on that basis. The external affairs power and the corporations power have both been increasingly relied on by the federal government to extend its authority in recent years.[54] Section 51(xx) of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to foreign corporations, and trading for financial corporations formed within the limits of the Commonwealth. This power has become known as the... Corporate redirects here. ...


In administrative law, the court expanded on the doctrines of natural justice and procedural fairness in Kioa v West[58] (1985). Although Gibbs himself dissented on those points, he did decide that executive decision makers were obliged to take humanitarian principles into consideration. Outside of specific areas of law, the court was also involved in several cases of public significance, including the Chamberlain case[59] (1984), concerning Lindy Chamberlain, and A v Hayden[60] (1984), concerning the botched ASIS exercise at the Sheraton Hotel in Melbourne. Australian administrative law encompasses a number of statutes and cases which define the extent of the powers and responsibilities held by administrative agencies of the Australian government. ... Natural justice is a legal philosophy used in some jurisdictions in the determination of just, or fair, processes in legal proceedings. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life... Kioa v West [1985] HCA 81; (1985) 150 CLR 550, was a notable case decided in the High Court of Australia regarding the extent and requirements of natural justice and procedural fairness in administrative decision making. ... This does not adequately cite its references or sources. ... Lindy Chamberlain-Creighton (born 4 March 1948, née Alice Lynne Murchison) was at the center of one of Australias most publicised murder trials, in which she was convicted of killing her baby daughter, Azaria. ... The Australian Secret Intelligence Service (ASIS) is the Australian government intelligence agency responsible for collecting foreign intelligence, undertaking counter-intelligence activities and cooperation with other intelligence agencies overseas. ... The Australian Secret Intelligence Service (ASIS) is the Australian government intelligence agency responsible for collecting foreign intelligence, undertaking counter-intelligence activities and cooperation with other intelligence agencies overseas. ...


Mason court

Main article: Mason court

Anthony Mason became Chief Justice in 1987. The Mason court was very stable with only one change in the bench in its eight years, the appointment of Michael McHugh after Ronald Wilson's retirement. The court under Mason was widely regarded as the most liberal bench in the court's history. The Mason Court is a shorthand expression referring to the period during which Anthony Mason was the Chief Justice of the High Court of Australia, from 6 February 1987 to 20 April 1995. ... Sir Anthony Mason KBE AC, former Chief Justice of the High Court of Australia. ... Justice Michael McHugh Justice Michael Hudson McHugh (b. ... Sir Ronald Wilson Sir Ronald Wilson, AC , KBE , CMG , QC , LL.M , LL.B ( 23 August 1922- 15 July 2005) was born on 23 August 1922 . ...


The Mason court made many important decisions in all areas of Australian law. One of its first major cases was Cole v Whitfield[61] (1988), concerning the troublesome section 92 of the Australian Constitution, which had been interpreted inconsistently and confusingly since the beginning of the court. For the first time, the court referred to historical materials such as the debates of the Constitutional Conventions in order to ascertain the purpose of the section, and the unanimous decision indicated "a willingness to overturn established doctrines and precedents perceived to be no longer working", a trend which typified the Mason court.[62] In Australian history, the term Constitutional Convention refers to four distinct gatherings. ...


The most popularly significant case decided by the Mason court was the Mabo case[63] (1992), in which the court found that the common law was capable of recognising native title. The decision was one of the High Court's most controversial of all time, and represented the tendency of the Mason court to receive "high praise and stringent criticism in equal measure."[62] Other controversial cases included the War Crimes Act case[64] (1991), regarding the validity of the War Crimes Act 1945; Dietrich v The Queen[65] (1992), in which the court found that a lack of legal representation in a serious criminal case can result in an unfair trial; Sykes v Cleary[66] (1992), regarding the disputed election of Phil Cleary; and Teoh's case[67] (1995), in which the court held that ratification of a treaty by the executive could create a legitimate expectation that members of the executive would act in accordance with that treaty. Mabo v Queensland (No 2) (commonly known as Mabo) is a landmark Australian court case which was decided by the High Court of Australia on June 3, 1992. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Native title is a concept in the law of Australia that recognises the continued ownership of land by local Indigenous Australians. ... Polyukovich v The Commonwealth [1991] HCA 32; (1991) 172 CLR 501, commonly referred to as the War Crimes Act Case, was a significant case decided in the High Court of Australia regarding the scope of the external affairs power in section 51(xxix) of the Constitution and the judicial power... Dietrich v The Queen was an important case decided in the High Court of Australia on November 13, 1992. ... Phil Cleary is an Australian commentator on politics and sport, particularly Australian Rules Football. ... Ratification is the act of giving official sanction to a formal document such as a treaty or constitution. ...


The court developed the concept of implied human rights in the Constitution, in cases such as Australian Capital Television Pty Ltd v Commonwealth[68] (1992), Nationwide News v Wills[69] (1992) and Theophanous v Herald and Weekly Times[70] (1994), in which the court recognised an implied freedom of political communication arising from the nature of the Constitution in laying out a system of representative government. Australian Capital Television v Commonwealth was a significant court case decided in the High Court of Australia on September 30, 1992. ... Representative democracy comprises a form of democracy and theory of civics wherein voters choose (in free, secret, multi-party elections) representatives to act in their interests, but not as their proxies—i. ...


In other areas of law, the court developed doctrines of equity in relation to commercial law and contract law, in cases such as Waltons Stores v Maher (1988)[71] and Trident General Insurance v McNiece[72] (1988), and made significant developments in tort law, in cases such as Rogers v Whitaker[73] (1992) and Burnie Port Authority v General Jones[74] (1994). The Court of Chancery, London, early 19th century This article is about the concept of equity in the jurisprudence of common law countries. ... Australian contract law is based on the inherited English common law regarding contract, with specific statutory modifications of principles in some areas. ... To meet Wikipedias quality standards, this article or section may require cleanup. ...


Brennan court

High Court as seen over Lake Burley Griffin and the terrestrial globe

Gerard Brennan succeeded Mason in 1995. In contrast to the previous court, the Brennan court had many changes in its membership despite being only three years long. The appointment of conservative Justices by the Howard Liberal government created conflict with the more liberal Justices of the Mason era, but nevertheless the court decided many significant cases.[75] Image File history File links Download high resolution version (1600x1200, 377 KB) Globe and High Court, Canberra File links The following pages link to this file: High Court of Australia Digital image editing ... Image File history File links Download high resolution version (1600x1200, 377 KB) Globe and High Court, Canberra File links The following pages link to this file: High Court of Australia Digital image editing ... Sir Gerard Brennan, was born in Rockhampton, Queensland, on 22 May 1928. ... John Winston Howard (born 26 July 1939), Australian politician, is the Prime Minister of Australia. ... This article or section cites very few or no references or sources. ...


In Ha v New South Wales[76] (1997) the court invalidated a New South Wales tobacco licensing scheme, reining in the licensing scheme exception to the prohibition states levying excise duties, contained in section 90 of the Australian Constitution. While it did not overturn previous cases in which schemes had been upheld, it did emphasise that the states could not stray too far from the constitutional framework. Capital Sydney Government Constitutional monarchy Governor Professor Marie Bashir Premier Morris Iemma (ALP) Federal representation  - House seats 50  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $305,437 (1st)  - Product per capita  $45,153/person (4th) Population (End of March 2006)  - Population  6,817,100 (1st)  - Density  8. ... This article is about the product manufactured from Tobacco plants (Nicotiana spp. ... Look up Excise in Wiktionary, the free dictionary. ...


The Brennan court made a number of significant decisions in relation to the judiciary of Australia. In Grollo v Palmer[77] (1995) and Wilson v Minister for Aboriginal and Torres Strait Islander Affairs[78] (1998), the court developed the persona designata doctrine, and in Kable v Director of Public Prosecutions[79] (1997), the court rejected attempts by the Parliament of New South Wales to establish a system of preventative detention, and found that the states do not have unlimited ability to regulate their courts, given the place of the courts in the Australian court hierarchy. The judiciary in Australia is modelled substantially on the system of courts which existed in England. ... The persona designata doctrine is a doctrine in Australian constitutional law which states that, although it is generally impermissible for a federal judge to exercise non-judicial power, it is permissible for a judge to do so if the power has been conferred on the judge personally, as opposed to... Kable v Director of Public Prosecutions for NSW (1996) 189 CLR 51; [1996] HCA 24 (12 September 1996) The Parliament of New South Wales passed a bill called the Community Protection Act 1994. ... The Parliament of New South Wales consists of the Governor of New South Wales, the New South Wales Legislative Council and the New South Wales Legislative Assembly. ... There are two broad levels within the hierarchy of Australian courts, the federal level and the state and territory level. ...


The court decided several cases relating to the implied freedom of political communication developed by the Mason court, notably Lange v Australian Broadcasting Corporation[80] (1997) and Levy v Victoria[81] (1997). It also decided several native title cases, including the controversial Wik case[82] (1996). Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 is a High Court of Australia case that deals with the implied freedom of political communication in the Australian Constitution. ... The Wik Decision is a decision of the High Court of Australia in Wik Peoples v. ...


Gleeson court

The Gleeson court in its present composition

Murray Gleeson was appointed Chief Justice in 1998. Chief Justice Murray Gleeson, Chief Justice of the High Court of Australia Anthony Murray Gleeson (30 August 1938 – ) QC AC is the Chief Justice of the High Court of Australia, the highest court in the Australian court hierarchy. ...


The court under Gleeson's leadership, which as of 2006 is comprised of five appointees of the Howard government, is generally regarded as more conservative, favouring legalism in the tradition of the Dixon and Barwick courts. However, the court has not entirely shied away from principle and public policy in its decisions.[83] In Egan v Willis[84] (1998), the court supported the New South Wales Legislative Council's ability to suspend the Treasurer when he failed to produce documents before the Council, emphasising the purpose of the ability in facilitating responsible government. In Sue v Hill[85] (1999), the court recognised Australia's emergence as a sovereign independent nation, finding that the United Kingdom was a "foreign power". 2006 is a common year starting on Sunday of the Gregorian calendar. ... The Legislative Council, or upper house, is one of the two chambers of the parliament of New South Wales in Australia. ... Responsible government is a system of government that embodies the principle of parliamentary accountability which is the foundation of the Westminster system of parliamentary democracy. ... Sue v Hill was an important Australian court case decided in the High Court of Australia on 23 June 1999. ...


However, in many cases the Gleeson court focused heavily on the text itself when interpreting the Constitution or a particular statute. In the Re Wakim; Ex parte McNally[86] (the Cross-vesting Case) (1999), the court struck down legislation vesting certain areas of federal jurisdiction in the Supreme Courts of the states. In Al-Kateb v Godwin[87] (2004) a majority of the court applied a narrow interpretation of the Migration Act 1958, finding that it permitted executively-imposed indefinite detention of stateless persons. Re Wakim; Ex parte McNally [1999] HCA 27; (1999) 198 CLR 511; (1999) 163 ALR 270, was a significant case decided in the High Court of Australia on 17 June, 1999. ... Al-Kateb v Godwin was an Australian court case in which the High Court of Australia ruled on 6 August 2004 that indefinite immigration detention was lawful. ... A stateless person is someone with no citizenship or nationality. ...


The Gleeson court has decided a number of important native title cases, including Yanner v Eaton[88] (1999), Western Australia v Ward[89] (2002) and the Yorta Yorta case[90] (2002). In tort law, the court's significant decisions include Perre v Apand Pty Ltd[91] (1999), concerning negligence actions where there is only pure economic loss as opposed to physical or mental injury, Dow Jones v Gutnick[92] (2002), regarding defamation on the Internet, and Cattanach v Melchior[93] (2003), a wrongful life case involving a healthy child. To meet Wikipedias quality standards, this article or section may require cleanup. ... Negligence is a legal concept usually used to achieve compensation for accidents and injuries. ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someones reputation. ... This page is a candidate for speedy deletion. ...


Perhaps the Gleeson court's most significant case has been one of its most recent, the WorkChoices case[94] (2006), in which the court finally explicitly accepted a wide reading of the corporations power, after years of gradual expansion following the Concrete Pipes case[46] (1971). New South Wales & Ors v Commonwealth is a High Court of Australia case challenging the constitutional validity of the federal governments WorkChoices legislation. ... Section 51(xx) of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to foreign corporations, and trading for financial corporations formed within the limits of the Commonwealth. This power has become known as the... Strickland v Rocla Concrete Pipes Ltd (1971) 124 CLR 468, also known as the Concrete Pipes Case, is a High Court of Australia case that discusses the scope of the corporations power in section 51(xx) of the Australian Constitution. ...


Composition of the court

The High Court is composed of seven Justices: the Chief Justice of Australia and six other (puisne) Justices. This is a list of Justices of the High Court of Australia, including former Justices. ... The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. ... Puisne (from Old French puisne, modern putne, later born, inferior; Lat. ...

Name State Date appointed Mandatory retirement Prime Minister at time of appointment Previous judicial posting
Chief Justice Murray Gleeson New South Wales 22 May 1998 30 August 2008 John Howard, Liberal Party of Australia Supreme Court of New South Wales
Justice William Gummow New South Wales 21 April 1995 9 October 2012 Paul Keating, Australian Labor Party Federal Court of Australia
Justice Michael Kirby New South Wales 6 February 1996 18 March 2009 Paul Keating, Australian Labor Party Supreme Court of New South Wales
Justice Kenneth Hayne Victoria 22 September 1997 5 June 2015 John Howard, Liberal Party of Australia Supreme Court of Victoria
Justice Ian Callinan Queensland 3 February 1998 1 September 2007 John Howard, Liberal Party of Australia None (barrister)
Justice John Dyson Heydon New South Wales 1 February 2003 1 March 2013 John Howard, Liberal Party of Australia Supreme Court of New South Wales
Justice Susan Crennan Victoria 1 November 2005 2015 John Howard, Liberal Party of Australia Federal Court of Australia
The first bench of the High Court: Barton, Griffith & O'Connor seated, with court officials in the background. Photo taken at the first sitting of the court on 6 October 1903.

The first three justices of the High Court were: Chief Justice Murray Gleeson, Chief Justice of the High Court of Australia Anthony Murray Gleeson (30 August 1938 – ) QC AC is the Chief Justice of the High Court of Australia, the highest court in the Australian court hierarchy. ... Capital Sydney Government Constitutional monarchy Governor Professor Marie Bashir Premier Morris Iemma (ALP) Federal representation  - House seats 50  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $305,437 (1st)  - Product per capita  $45,153/person (4th) Population (End of March 2006)  - Population  6,817,100 (1st)  - Density  8. ... May 22 is the 142nd day of the year (143rd in leap years) in the Gregorian calendar. ... Year 1998 (MCMXCVIII) was a common year starting on Thursday (link will display full 1998 Gregorian calendar). ... August 30 is the 242nd day of the year (243rd in leap years) in the Gregorian calendar. ... 2008 (MMVIII) will be a leap year starting on Tuesday of the Gregorian calendar. ... John Winston Howard (born 26 July 1939), Australian politician, is the Prime Minister of Australia. ... This article or section cites very few or no references or sources. ... The Supreme Court of New South Wales is the highest state court for the Australian State of New South Wales. ... Justice William Gummow Justice William Montague Charles Gummow (1942) QC AC is a Justice of the High Court of Australia, the highest court in the Australian court hierarchy. ... April 21 is the 111th day of the year in the Gregorian calendar (112th in leap years). ... 1995 (MCMXCV) was a common year starting on Sunday of the Gregorian calendar. ... October 9 is the 282nd day of the year (283rd in leap years) in the Gregorian calendar. ... 2012 (MMXII) will be a leap year starting on Sunday of the Gregorian calendar. ... Paul John Keating (born January 18, 1944), was an Australian politician and the 24th Prime Minister of Australia, serving as Prime Minister from 1991 to 1996. ... This article or section does not cite its references or sources. ... In Melbourne, the Federal Court is housed with other federal courts such as the High Court and the Federal Magistrates Court in the Federal Court Building on the corner of La Trobe Street and William Street The Federal Court of Australia is the Australian court in which most civil disputes... This article is about Australian High Court judge Michael Kirby. ... February 6 is the 37th day of the year in the Gregorian calendar. ... 1996 (MCMXCVI) was a leap year starting on Monday of the Gregorian calendar, and was designated the International Year for the Eradication of Poverty. ... March 18 is the 77th day of the year in the Gregorian calendar (78th in leap years). ... 2009 (MMIX) will be a common year starting on Thursday of the Gregorian calendar. ... Justice Kenneth Madison Hayne (1945- ) QC AC is a Judge of the High Court of Australia; the highest court in the Australian court hierarchy. ... Capital Melbourne Government Constitutional monarchy Governor David de Kretser Premier Steve Bracks (ALP) Federal representation  - House seats 37  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $222,022 (2nd)  - Product per capita  $44,443/person (5th) Population (End of September 2006)  - Population  5,110,500 (2nd)  - Density  22. ... September 22 is the 265th day of the year (266th in leap years) in the Gregorian calendar. ... 1997 (MCMXCVII) was a common year starting on Wednesday of the Gregorian calendar. ... June 5 is the 156th day of the year (157th in leap years) in the Gregorian calendar. ... 2015 (MMXV) will be a common year starting on Thursday of the Gregorian calendar. ... The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. ... Justice Ian David Francis Callinan (1937- ) QC AC is a Justice of the High Court of Australia; the highest court in the Australian court hierarchy. ... Capital Brisbane Government Constitutional monarchy Governor Quentin Bryce Premier Peter Beattie (ALP) Federal representation  - House seats 28  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $158,506 (3rd)  - Product per capita  $40,170/person (6th) Population (End of September 2006)  - Population  4,070,400 (3rd)  - Density  2. ... February 3 is the 34th day of the year in the Gregorian Calendar. ... Year 1998 (MCMXCVIII) was a common year starting on Thursday (link will display full 1998 Gregorian calendar). ... September 1 is the 244th day of the year (245th in leap years). ... 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... // Artists impression of an English barrister A barrister is a lawyer found in many common law jurisdictions which employ a split profession (as opposed to a fused profession) in relation to legal representation. ... Justice John Dyson Heydon (1943- ) is a Justice of the High Court of Australia; the highest court in the Australian court hierarchy. ... February 1 is the 32nd day of the year in the Gregorian calendar. ... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... March 1 is the 60th day of the year in the Gregorian calendar (61st in leap years). ... This article or section does not cite any references or sources. ... Justice Susan Crennan (1945 – ), Australian judge, is a Judge of the Federal Court of Australia, and is scheduled to replace Justice Michael McHugh on the bench of the High Court of Australia from 1 November 2005. ... November 1 is the 305th day of the year (306th in leap years) in the Gregorian calendar, with 60 days remaining. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... 2015 (MMXV) will be a common year starting on Thursday of the Gregorian calendar. ... Image File history File links Hca_bench_and_officials_1903. ... Image File history File links Hca_bench_and_officials_1903. ...

There were a number of possible candidates for the first bench of the High Court. In addition to the eventual appointees, Griffith, Barton and O'Connor, names which had been mentioned in the press included two future Justices of the court, Henry Higgins and Isaac Isaacs, along with Andrew Inglis Clark, Sir John Downer, Josiah Symon and George Wise. Barton and O'Connor were both members of the federal parliament, and both from the government benches; indeed Barton was Prime Minister. Each of the eventual appointees had participated in the drafting of the Constitution, and had intimate knowledge of it. All three were described as conservative, and their jurisprudence was very much influenced by English law, and in relation to the Constitution, by United States law. The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. ... Sir Samuel Griffith Sir Samuel Walker Griffith (June 21, 1845 - August 9, 1920), Australian politician and judge, was the principal author of the Constitution of Australia. ... Sir Edmund Barton, GCMG, QC (18 January 1849 – 7 January 1920), Australian politician and judge, was the first Prime Minister of Australia and a founding justice of the High Court of Australia. ... Richard Edward OConnor (1851 - 18 November 1912), Australian politician, was a member of the first federal ministry. ... Hon H.B. Higgins For the fictional character Henry Higgins see Pygmalion or My Fair Lady. ... Sir Isaac Isaacs Sir Isaac Alfred Isaacs, KBE, PC (6 August 1855 - 12 February 1948) Australian judge and politician, was the ninth Governor-General of Australia, the first Jew, and the first Australian to occupy that post. ... Andrew Inglis Clark was born in Hobart, Tasmania on February 24, 1848, 5 years before the end of convict transportation to Tasmania. ... John Downer (1843–1915) was the Premier of South Australia from 16 June 1885 until 11 June 1887. ... Portrait of Symon after his election to the Australian Senate, circa 1901. ... Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ...


In 1906, at the request of the Justices, two more seats were added to the bench, with Isaacs and Higgins the appointees. After O'Connor's death in 1912, an amendment to the Judiciary Act 1903 expanded the bench to seven. For most of 1930 two seats were left vacant, due to monetary constraints placed on the court by the Depression. The economic downturn had also led to a reduction in litigation, and consequently less work for the court. After Isaac Isaacs retired in 1931, his seat was left empty, and in 1933 an amendment to the Judiciary Act officially reduced the number of seats to six. However, this led to some decisions being split three-all. With the appointment of William Webb in 1946, the number of seats returned to seven, and since then the court has had a full complement of seven Justices. 1906 (MCMVI) was a common year starting on Monday (see link for calendar). ... 1912 (MCMXII) was a leap year starting on Monday in the Gregorian calendar (or a leap year starting on Tuesday in the 13-day-slower Julian calendar). ... The Judiciary Act 1903 (Cth. ... Year 1930 (MCMXXX) was a common year starting on Wednesday (link will display 1930 calendar) of the Gregorian calendar. ... 1931 (MCMXXXI) was a common year starting on Thursday (link is to a full 1931 calendar). ... 1933 (MCMXXXIII) was a common year starting on Sunday. ... Hon Sir William Flood Webb KBE (21 January 1887 – 11 August 1972), Australian judge, was a Justice of the High Court of Australia. ... 1946 (MCMXLVI) was a common year starting on Tuesday. ...


However, the composition of the court has changed over that time. As of 2005 there have been forty-five Justices, eleven of whom have been Chief Justice. Current Justice Susan Crennan is only the second woman to sit on the bench, after Justice Mary Gaudron. 2005 is a common year starting on Saturday of the Gregorian calendar. ... The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. ... Justice Susan Crennan (1945 – ), Australian judge, is a Judge of the Federal Court of Australia, and is scheduled to replace Justice Michael McHugh on the bench of the High Court of Australia from 1 November 2005. ... Mary Genevieve Gaudron (born 5 January 1943) was the first female judge of the High Court of Australia. ...


More than half of the Justices, twenty-four, have been residents of New South Wales. Thirteen were from Victoria, six from Queensland and two from Western Australia. No Justices have been residents of South Australia or Tasmania, or any of the territories. The majority of the justices have been from Protestant backgrounds, with a smaller number from Catholic backgrounds. Sir Isaac Isaacs was of Polish/Jewish background, the only representative of any other faith. He also remains the only High Court Justice from a non Anglo-Celtic background. Capital Sydney Government Constitutional monarchy Governor Professor Marie Bashir Premier Morris Iemma (ALP) Federal representation  - House seats 50  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $305,437 (1st)  - Product per capita  $45,153/person (4th) Population (End of March 2006)  - Population  6,817,100 (1st)  - Density  8. ... Capital Melbourne Government Constitutional monarchy Governor David de Kretser Premier Steve Bracks (ALP) Federal representation  - House seats 37  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $222,022 (2nd)  - Product per capita  $44,443/person (5th) Population (End of September 2006)  - Population  5,110,500 (2nd)  - Density  22. ... Capital Brisbane Government Constitutional monarchy Governor Quentin Bryce Premier Peter Beattie (ALP) Federal representation  - House seats 28  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $158,506 (3rd)  - Product per capita  $40,170/person (6th) Population (End of September 2006)  - Population  4,070,400 (3rd)  - Density  2. ... Capital Perth Government Constitutional monarchy Governor Ken Michael Premier Alan Carpenter (ALP) Federal representation  - House seats 15  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $100,900 (4th)  - Product per capita  $50,355/person (3rd) Population (December 2006)  - Population  2,050,900 (4th)  - Density  0. ... Capital Adelaide Government Constitutional monarchy Governor Marjorie Jackson-Nelson Premier Mike Rann (ALP) Federal representation  - House seats 11  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $59,819 (5th)  - Product per capita  $38,838/person (7th) Population (End of September 2006)  - Population  1,558,200 (5th)  - Density  1. ... Capital Hobart Government Constitutional monarchy Governor William Cox Premier Paul Lennon (ALP) Federal representation  - House seats 5  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $16,114 (7th)  - Product per capita  $33,243/person (8th) Population (End of September 2006)  - Population  489,600 (6th)  - Density  7. ... Protestantism is a general grouping of denominations within Christianity. ... Sir Isaac Isaacs Sir Isaac Alfred Isaacs, KBE, PC (6 August 1855 - 12 February 1948) Australian judge and politician, was the ninth Governor-General of Australia, the first Jew, and the first Australian to occupy that post. ... The word Jew ( Hebrew: יהודי) is used in a wide number of ways, but generally refers to a follower of the Jewish faith, a child of a Jewish mother, or someone of Jewish descent with a connection to Jewish culture or ethnicity and often a combination... Anglo-Celtic is a racial or cultural category, used primarily in Australia to describe people of British, Irish, Scottish, Welsh, Cornish and English descent. ...


Appointment process

Court 2 - High Court of Australia

Appointments are officially made by the Governor-General in Council. In practice, appointees are nominated by the Prime Minister, on advice from the Cabinet, particularly from the Attorney-General of Australia. For example, four Justices were appointed while Andrew Fisher was Prime Minister, but it was largely on Attorney-General Billy Hughes' authority that the candidates were chosen. Since 1979, the Attorney-General has been required by section 6 of the High Court of Australia Act to consult with the Attorneys-General of the states and territories of Australia about appointments to the court. The process was first used in relation to the appointment of Justice Wilson, and has been generally successful, despite the occasional criticism that the states merely have a consultative, rather than a determinative, role in the selection process.[95] Image File history File links Download high resolution version (1600x1200, 345 KB) High Court of Australia, Court 2 File links The following pages link to this file: High Court of Australia ... Image File history File links Download high resolution version (1600x1200, 345 KB) High Court of Australia, Court 2 File links The following pages link to this file: High Court of Australia ... Michael Jeffery, the current Governor-General of Australia The Governor-General of Australia is the representative in Australia of Australias head of state, Queen Elizabeth II, Queen of Australia, who lives in the United Kingdom. ... Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... The Attorney-General of Australia is the chief law officer of the Crown and a member of the Federal Cabinet. ... Andrew Fisher at the naming of Canberra ceremony, 1913 Andrew Fisher (29 August 1862 - 22 October 1928), Australianpolitician and fifth Prime Minister of Australia, was born in Crosshouse, a mining village near Kilmarnock, East Ayrshire, Scotland. ... William Morris Billy Hughes, (September 25, 1862–October 28, 1952), Australian politician, was the seventh Prime Minister of Australia, the longest-serving member of the Australian Parliament, and one of the most colourful figures in Australian political history. ... For the song by the Smashing Pumpkins, see 1979 (song). ... The states and territories of Australia make up the Commonwealth of Australia under a federal system of government. ... Sir Ronald Wilson Sir Ronald Wilson, AC , KBE , CMG , QC , LL.M , LL.B ( 23 August 1922- 15 July 2005) was born on 23 August 1922 . ...


There are no qualifications for Justices in the Constitution (other than that they must be under the retirement age of 70). The High Court of Australia Act requires that appointees have been a judge of a federal, state or territory court, or that they have been enrolled as a legal practitioner for at least five years, with either the High Court itself or with a state or territory Supreme Court. There are no other formal requirements.[96] There are two broad levels within the hierarchy of Australian courts, the federal level and the state and territory level. ...


The appointment process stands in stark contrast with the highly public selection and confirmation process for justices of the Supreme Court of the United States. While there are people who are critical of the secrecy of the process, and who advocate a more public method for appointments, there are relatively few who dispute the quality of appointees. Although three of the Chief Justices (Adrian Knox, John Latham and Garfield Barwick) were conservative politicians at the time of their appointment, and were appointed by conservative governments, their political views are not considered to have interfered with their performance on the court, and their talent is rarely questioned. However, there is frequent criticism of Barwick's intervention in the Australian constitutional crisis of 1975, when he gave advice to Governor-General John Kerr. On the other side of politics, Labor politicians H.V. Evatt and Lionel Murphy were also appointed to the High Court; Murphy's appointment was controversial at the time and his reputation was gravely damaged in 1985 by charges that he had attempted to pervert the course of justice, although he was eventually acquitted. Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body in the... Sir Adrian Knox PC KCMG (born 1863, died 1932), Australian judge, was the second Chief Justice of the High Court of Australia, sitting on the bench of the High Court from 1919 to 1930. ... Rt Hon Sir John Latham, as Minister for External Affairs in the Lyons government Sir John Latham KBE (26 August 1877 – 25 July 1964), Australian judge and politician, was the fifth Chief Justice of the High Court of Australia. ... Sir Garfield Edward John Barwick, AK GCMG, PC (22 June 1903 - 14 July 1997) was the Chief Justice of the High Court of Australia. ... The secretary of the Governor-General, David Smith, announcing the dissolution of Parliament on November 11th, 1975. ... Sir John Robert Kerr, AK, GCMG, GCVO (24 September 1914 – 24 March 1991), 13th Chief Justice of the Supreme Court of New South Wales and 18th Governor-General of Australia, dismissed the Labor government of Gough Whitlam on 11 November 1975, marking the climax of one of the most significant... Rt Hon Dr H.V. Evatt Dr Herbert Vere Evatt (April 30, 1894 - November 2, 1965), Australian jurist, politician and writer (generally known in his lifetime as Dr H.V. Evatt and popularly known as Doc) was born in Maitland, New South Wales, to a working-class family of Anglo... Hon Lionel Murphy Lionel Keith Murphy (30 August 1922 - 21 October 1986), Australian politician, was Attorney-General in the Government of Gough Whitlam, and a Justice of the High Court of Australia. ...


References

  1. ^ Owen Dixon (1952). "Address on being sworn in as Chief Justice". Commonwealth Law Reports 85: XIII. 
  2. ^ Bennett, J.M. (1980). "Foreword by Sir Garfield Barwick", Keystone of the Federal Arch. Canberra: Australian Government Publishing Service. ISBN 0-642-04866-5. 
  3. ^ Australian Law Reform Commission. The Judicial Power of the Commonwealth. Australian Legal Information Institute. Retrieved on 2006-03-19.
  4. ^ a b O'Brien, David. (2001). "Nauru". The Oxford Companion to the High Court of Australia. Ed. Blackshield, Tony, Coper, Michael & Williams, George. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0. 
  5. ^ [1984] HCA 48; (1984) 154 CLR 627
  6. ^ [1991] HCA 46
  7. ^ [2005] HCA 42
  8. ^ Ruhani v Director of Police [2005] HCA 42
  9. ^ (1912) 15 CLR 182
  10. ^ a b c d Hull, Crispin (2003). The High Court of Australia: celebrating the centenary 1903-2003. Lawbook Co.. ISBN 0-455-21947-8. 
  11. ^ [1985] HCA 27; (1985) 159 CLR 461
  12. ^ [1967] HCA 21; (1967) 117 CLR 221
  13. ^ [1978] HCA 9; (1978) 141 CLR 88
  14. ^ Murray Gleeson - The birth, life and death of Section 74. High Court of Australia. Retrieved on 10 December 2005.
  15. ^ a b [1963] HCA 14; (1963) 111 CLR 610
  16. ^ a b c Williams, John (2003). One hundred years of the High Court of Australia. King's College, London. ISBN 1-85507-124-X. 
  17. ^ a b c d Bennett, J.M. (1980). Keystone of the Federal Arch. Canberra: Australian Government Publishing Service. ISBN 0-642-04866-5. 
  18. ^ Alfred Deakin (1902). "Judiciary Bill, second reading". Commonwealth Parliamentary Debates 8: 10967. 
  19. ^ About the High Court - History of the High Court. High Court of Australia. Retrieved on 10 December 2005.
  20. ^ a b c Mason, Anthony. (2001). "Griffith Court". The Oxford Companion to the High Court of Australia. Ed. Blackshield, Tony, Coper, Michael & Williams, George. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0. 
  21. ^ (1904) 1 CLR 585
  22. ^ [1904] HCA 1; (1904) 1 CLR 91
  23. ^ 17 U.S. 316 (1819)
  24. ^ [1904] HCA 21; (1904) 1 CLR 497
  25. ^ [1908] HCA 43; (1908) 6 CLR 41
  26. ^ (1908) 6 CLR 469
  27. ^ [1920] HCA 54; (1920) 28 CLR 129
  28. ^ [1921] HCA 25; (1921) 29 CLR 329
  29. ^ Cowen, Zelman. (2001). "Isaac Alfred Isaacs". The Oxford Companion to the High Court of Australia. Ed. Blackshield, Tony, Coper, Michael & Williams, George. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0. 
  30. ^ Fricke, Graham. (2001). "Gavan Duffy Court". The Oxford Companion to the High Court of Australia. Ed. Blackshield, Tony, Coper, Michael & Williams, George. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0. 
  31. ^ [1932] HCA 20; (1932) 47 CLR 97
  32. ^ (1932) 46 CLR 155
  33. ^ Douglas, Roger. (2001). "Latham Court". The Oxford Companion to the High Court of Australia. Ed. Blackshield, Tony, Coper, Michael & Williams, George. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0. 
  34. ^ [1941] HCA 20; (1941) 65 CLR 255
  35. ^ [1944] HCA 8; (1944) 69 CLR 51
  36. ^ (1942) 65 CLR 373
  37. ^ [1943] HCA 12; (1943) 67 CLR 116
  38. ^ [1948] HCA 7; (1948) 76 CLR 1
  39. ^ [1945] HCA 30; (1945) 71 CLR 237
  40. ^ [1951] HCA 5; (1951) 83 CLR 1
  41. ^ [1941] HCA 28; (1941) 67 CLR 536
  42. ^ [1936] HCA 52; (1936) 55 CLR 608
  43. ^ a b c Zines, Leslie. (2001). "Dixon Court". The Oxford Companion to the High Court of Australia. Ed. Blackshield, Tony, Coper, Michael & Williams, George. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0. 
  44. ^ [1956] HCA 10; (1956) 94 CLR 254
  45. ^ [1957] HCA 54; (1957) 99 CLR 575
  46. ^ a b [1971] HCA 40; (1971) 124 CLR 468
  47. ^ [1975] HCA 58; (1975) 135 CLR 337
  48. ^ [1975] HCA 46; (1975) 134 CLR 201
  49. ^ [1977] HCA 60; (1977) 139 CLR 585
  50. ^ [1976] HCA 23; (1976) 134 CLR 495
  51. ^ [1974] HCA 28; (1974) 131 CLR 432
  52. ^ [1975] HCA 39; (1975) 134 CLR 81
  53. ^ Mason, Anthony. (2001). "Barwick Court". The Oxford Companion to the High Court of Australia. Ed. Blackshield, Tony, Coper, Michael & Williams, George. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0. 
  54. ^ a b Twomey, Anne. (2001). "Gibbs Court". The Oxford Companion to the High Court of Australia. Ed. Blackshield, Tony, Coper, Michael & Williams, George. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0. 
  55. ^ [1982] HCA 27; (1982) 153 CLR 168
  56. ^ [1983] HCA 21; (1983) 158 CLR 1
  57. ^ [1982] HCA 23; (1982) 150 CLR 169
  58. ^ [1985] HCA 81; (1985) 159 CLR 550
  59. ^ [1984] HCA 7; (1984) 153 CLR 521
  60. ^ [1984] HCA 67; (1984) 156 CLR 532
  61. ^ [1988] HCA 18; (1988) 165 CLR 360
  62. ^ a b Dillon, Michelle & Doyle, John. (2001). "Mason Court". The Oxford Companion to the High Court of Australia. Ed. Blackshield, Tony, Coper, Michael & Williams, George. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0. 
  63. ^ [1992] HCA 23; (1992) 175 CLR 1
  64. ^ [1991] HCA 32; (1991) 172 CLR 501
  65. ^ [1992] HCA 57; (1992) 177 CLR 292
  66. ^ [1992] HCA 60; (1992) 176 CLR 77
  67. ^ [1995] HCA 20; (1995) 183 CLR 273
  68. ^ [1992] HCA 45; (1992) 177 CLR 106
  69. ^ [1992] HCA 46; (1992) 177 CLR 1
  70. ^ [1994] HCA 46; (1994) 182 CLR 104
  71. ^ [1988] HCA 7; (1988) 164 CLR 387
  72. ^ [1988] HCA 44; (1988) 165 CLR 107
  73. ^ [1992] HCA 58; (1992) 175 CLR 479
  74. ^ [1994] HCA 13; (1994) 179 CLR 520
  75. ^ Jackson, David. (2001). "Brennan Court". The Oxford Companion to the High Court of Australia. Ed. Blackshield, Tony, Coper, Michael & Williams, George. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0. 
  76. ^ [1997] HCA 34; (1997) 189 CLR 465
  77. ^ [1995] HCA 26
  78. ^ [1996] HCA 18
  79. ^ [1996] HCA 24
  80. ^ [1997] HCA 25
  81. ^ [1997] HCA 31
  82. ^ [1996] HCA 40
  83. ^ Zines, Leslie. (2001). "Gleeson Court". The Oxford Companion to the High Court of Australia. Ed. Blackshield, Tony, Coper, Michael & Williams, George. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0. 
  84. ^ [1998] HCA 71
  85. ^ [1999] HCA 30; (1999) 199 CLR 462
  86. ^ [1999] HCA 27
  87. ^ [2004] HCA 37; (2004) 219 CLR 562
  88. ^ [1999] HCA 53
  89. ^ [2002] HCA 28
  90. ^ [2002] HCA 58
  91. ^ [1999] HCA 36
  92. ^ [2002] HCA 56
  93. ^ [2003] HCA 38
  94. ^ [2006] HCA 52
  95. ^ Durack, Peter. (2001). "High Court of Australia Act". The Oxford Companion to the High Court of Australia. Ed. Blackshield, Tony, Coper, Michael & Williams, George. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0. 
  96. ^ Evans, Simon. (2001). "Appointment of Justices". The Oxford Companion to the High Court of Australia. Ed. Blackshield, Tony, Coper, Michael & Williams, George. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0. 

Sir Owen Dixon, GCMG, KBE, PC (1886 - 1972), Australian judge and politician, was the sixth Chief Justice of Australia. ... The Commonwealth Law Reports are the authorised reports of decisions of the High Court of Australia. ... For the Manfred Mann album, see 2006 (album). ... March 19 is the 78th day of the year in the Gregorian calendar (79th in leap years). ... Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ... Alfred William Deakin (3 August 1856 – 7 October 1919), Australian politician, was a leader of the movement for Australian federation and later second Prime Minister of Australia. ... Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ... Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ... Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ... Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ... Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ... Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ... Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ... Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ... Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ... Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ... Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ... Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ...

See also

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High Court of Australia

There are two broad levels within the hierarchy of Australian courts, the federal level and the state and territory level. ... The Judiciary Act 1903 (Cth. ... The judiciary in Australia is modelled substantially on the system of courts which existed in England. ... // This article or section does not cite its references or sources. ... This is a chronological list of notable cases decided by the High Court of Australia. ... See also High Court of Australia, list of jurists. ... Image File history File links Commons-logo. ... The Wikimedia Commons (also called Wikicommons) is a repository of free content images, sound and other multimedia files. ...

External links

  • Official High Court of Australia website
  • The Highest Court 58 min. Documentary film. Only film ever permitted to be made in the High Court. Filmed during the Brennan Court in 1998. Dir: Daryl Dellora. NSW Media Law Award. Features Justices Brennan (CJ), Dawson, Toohey, Gaudron, Gummow, McHugh, Kirby, Hayne and Callinan.

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Legislative elections were held in Australia on 9 October 2004. ... The next general election for the Parliament of Australia is expected to take place in late 2007, although it can be held as late as 19 January 2008. ... The states and territories of Australia make up the Commonwealth of Australia under a federal system of government. ... Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... Capital Canberra Government Constitutional monarchy Administrator none Chief Minister Jon Stanhope (ALP) Federal representation  - House seats 2  - Senate seats 2 Gross Territorial Product (2006)  - Product ($m)  $19,167 (6th)  - Product per capita  $57,303/person (1st) Population (End of November 2006)  - Population  333,667 (7th)  - Density  137. ... The ACT Legislative Assembly building, as seen from the front The Australian Capital Territory Legislative Assembly (or, more formally and fully, the Legislative Assembly for the Australian Capital Territory) is the unicameral legislature of the Australian Capital Territory. ... The form of the Government of New South Wales is prescribed in its Constitution, which dates from 1856, although it has been amended many times since then. ... Elections for the 54th Parliament of New South Wales were held on Saturday, 24 March 2007. ... Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... A general election was held in the Northern Territory, Australia, on June 18, 2005. ... Queensland Government Logo The Government of Queensland is commonly known as the Queensland Government. ... An election was held in the Australian state of Queensland on 9 September 2006 to elect the 89 members of the states Legislative Assembly, after being announced by Premier Peter Beattie on 15 August 2006. ... The form of the Government of South Australia is prescribed in its Constitution, which dates from 1856, although it has been amended many times since then. ... The general election for the 51st Parliament of South Australia was held in the state of South Australia on 18 March 2006, and was conducted by the independent State Electoral Office. ... The coat of arms of Tasmania. ... A general election for the House of Assembly (lower house) were held in the Australian state of Tasmania on 18 March 2006, the same day as the South Australian elections. ... The form of the Government of Victoria is prescribed in its Constitution, which dates from 1855, although it has been amended many times since then. ... A general election for the 56th Parliament of Victoria took place on Saturday, 25 November 2006. ... The formation of the Government of Western Australia is prescribed in its Constitution, which dates from 1890, although it has been amended many times since then. ... A general election was held for parliamentary seats in the Australian state of Western Australia on Saturday 26 February 2005. ... Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ... The Australian Democrats, who are often known simply as The Democrats in Australia, are a progressive social liberal party. ... The Australian Greens, commonly known as The Greens, is the Green political party in Australia. ... This article or section does not cite its references or sources. ... The Family First Party (FFP/F1) is a political party in Australia, with policies that generally mirror socially conservative and family values. ... This article or section cites very few or no references or sources. ... The National Party of Australia is an Australian conservative political party, which claims to represent rural voters. ... Map of Earth showing lines of latitude (horizontally) and longitude (vertically), Eckert VI projection; large version (pdf, 1. ...


  Results from FactBites:
 
High Court of Australia - Wikipedia, the free encyclopedia (952 words)
It finally became the court of last resort in 1986 upon passage of the Australia Act; this legislation abolished recourse to the Judicial Committee of the Privy Council, except with the consent of the High Court, which it has said it will never give.
Therefore, while the High Court is the final court of appeal it cannot be considered to be a general court of appeal.
In Brisbane and Perth registry functions are performed on behalf of the High Court by officers of the Federal Court of Australia, and in Adelaide, Hobart and Darwin they are performed by officers of the Supreme Court of the respective State or Territory.
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