Learning Objectives

Definition:

The High Court is the highest judicial body in Australia or also known as the Apex Court, established under section 71 of the Commonwealth Constitution.

Roles:

The High Court is the Constitutional Court of Australia and thus has the role to interpret the constitution and decide if laws are constitutionally valid.
Another one of its role is to act as an appellate court for all matters listed under secton 75 and 76 of the Commonwealth Constitution.

Powers of the High Court:

The High Court of Australia has powered ordained to it by the Constitution. These powers are outlined in the constitutional sections below.

Section 73: Appellate jurisdiction of High Court

“The High Court shall have jurisdiction, to hear and determine appeals from all judgments, decrees, orders, and sentences:

of any Justice or Justices exercising the original jurisdiction of the High Court;
of any other federal court, or court exercising federal jurisdiction;
or of the Supreme Court of any State, or of any other court of any State from which at the establishment of the Commonwealth an appeal lies to the Queen in Council;
of the Inter-State Commission, but as to questions of law only;”

Section 75: Original jurisdiction of High Court

In all matters:

arising under any treaty; affecting consuls or other representatives of other countries;
in which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party;
between States, or between residents of different States, or between a State and a resident of another State;
in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth;