Law, justice & securityCourt or tribunalExists today
High Court of Australia
HCA
6 October 1903 – present
Australia's highest court, deciding constitutional cases and hearing appeals from federal, state and territory courts. It is the final court of appeal for Australia.
How it came into existence
Created by Chapter III of the Constitution and brought into being by the Judiciary Act 1903; the first justices, Sir Samuel Griffith, Edmund Barton and Richard O'Connor, were sworn in and the court first sat in Melbourne on 6 October 1903. It had no Commonwealth predecessor.
Legislation: Constitution (Chapter III); Judiciary Act 1903; High Court of Australia Act 1979
Changes during its life
- 1906The bench was enlarged from three to five justices with the appointment of Isaac Isaacs and Henry Bournes Higgins.
- 1913The bench was enlarged to seven justices.
- 1968The Privy Council (Limitation of Appeals) Act 1968 abolished appeals from the High Court to the Privy Council in federal matters.
- 1975The Privy Council (Appeals from the High Court) Act 1975 closed almost all remaining avenues of appeal from the High Court to the Privy Council.
- 1979The High Court of Australia Act 1979 made the court self-administering and fixed its seat in Canberra.
- 26 May 1980The High Court building in Canberra was opened by Queen Elizabeth II, and the court's principal seat moved to Canberra.
- 1984Amendments to the Judiciary Act 1903 made special leave a requirement for all civil appeals to the court.
- 3 March 1986The Australia Act 1986 ended appeals from state courts to the Privy Council, making the High Court the final court of appeal for Australia.
- Original jurisdiction in territory matters
Created to take over the jurisdiction in Federal Capital Territory matters that the High Court had exercised.
Main functions
- Interpreting the Constitution
- Final appellate jurisdiction for Australia
- Original jurisdiction under section 75 of the Constitution
- Hearing disputed elections as the Court of Disputed Returns
Where it sits
In the portfolio of Attorney-General's Department.
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