High Court of Australia
The High Court of Australia is the apex court of the Australian legal system.[2] It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation.
High Court of Australia
25 August 1903
Appointed by the governor-general on the advice of the attorney-general following the approval of the prime minister and Cabinet
- State and territory supreme courts (appeal courts or full courts)
- Federal Court (full court)
- Federal Circuit and Family Court (full court)
Mandatory retirement by age 70[1]
7, by statute
6 November 2023
The High Court was established following the passage of the Judiciary Act 1903 (Cth).[3] Its authority derives from chapter III of the Australian Constitution, which vests it (and other courts the Parliament creates) with the judicial power of the Commonwealth.[4] Its internal processes are governed by the High Court of Australia Act 1979 (Cth).[5]
The court consists of seven justices, including a chief justice, currently Stephen Gageler. Justices of the High Court are appointed by the governor-general on the formal advice of the attorney-general following the approval of the prime minister and Cabinet.[6] They are appointed permanently until their mandatory retirement at age 70, unless they retire earlier.
Typically, the court operates by receiving applications for appeal from parties in a process called special leave. If a party's application is accepted, the court will proceed to a full hearing, usually with oral and written submissions from both parties. After conclusion of the hearing, the result is decided by the court. The special leave process does not apply in situations where the court elects to exercise its original jurisdiction; however, the court typically delegates its original jurisdiction to Australia's inferior courts.
The court has resided in Canberra since 1980, following the construction of a purpose-built High Court building, located in the Parliamentary Triangle and overlooking Lake Burley Griffin.[7] Sittings of the court previously rotated between state capitals, particularly Melbourne and Sydney, and the court continues to regularly sit outside Canberra.
History[edit]
Pre-establishment[edit]
Following Earl Grey's 1846 proposal to federate the colonies, an 1849 report from the Privy Council suggested a national court be created.[49] In 1856, the Governor of South Australia, Richard MacDonnell, suggested to the Government of South Australia that they consider establishing a court to hear appeals from the Supreme Courts in each colony. In 1860 the South Australian Parliament passed legislation encouraging MacDonnell to put the idea to the other colonies. However, only Victoria considered the proposal.[50]
At a Melbourne inter-colonial conference held in 1870, the idea of an inter-colonial court was again raised. A royal commission was established in Victoria to investigate options for establishing such a court, and a draft bill was put forward. This draft bill, however, completely excluded appeals to the Privy Council, causing a reaction in London which prevented any serious attempt to implement the bill through the British Imperial Parliament.[50]
Another draft bill was proposed in 1880 for the establishment of an Australasian court of appeal. The proposed court would consist of one judge from each of the colonial supreme courts, who would serve one-year terms.[Note 7][50] However, the proposed court allowed for appeals to the Privy Council, which was disliked by some of the colonies, and the bill was abandoned.
![The No. 1 Courtroom, used for all cases that require a full bench of seven justices[123]](http://upload.wikimedia.org/wikipedia/commons/thumb/f/f1/Court_1_at_the_High_Court_of_Australia.jpg/120px-Court_1_at_the_High_Court_of_Australia.jpg)
High Court building
Entry hall
