Roles of the High Court
Senior Library Books
Introduction
"The High Court is the highest court in the Australian judicial system. It was established in 1901 by Section 71 of the Constitution. The functions of the High Court are to interpret and apply the law of Australia; to decide cases of special federal significance including challenges to the constitutional validity of laws and to hear appeals, by special leave, from Federal, State and Territory courts." (High Court of Australia, 2020)
"The High Court of Australia is able to deal with cases which come to it on appeal or which begin in the High Court itself. Cases which involve interpretation of the Constitution, or where the Court may be invited to depart from one of its previous decisions, or where the Court considers the principle of law involved to be one of major public importance, are normally determined by a full bench comprising all seven Justices if they are available to sit.
Other cases which come to the High Court for final determination involve appeals against the decisions of the Supreme Courts of the States and Territories, of the Federal Court of Australia and of the Family Court of Australia and these are dealt with by a full court of not less than two Justices. In addition there are certain matters which can be heard and determined by a single Justice.
The subject matter of the cases heard by the Court traverses the whole range of Australian law. It includes, for instance, arbitration, contract, company law, copyright, courts-martial, criminal law and procedure, tax law, insurance, personal injury, property law, family law, trade practices, etc." (High Court of Australia, 2020)
Definitions
- Appeal An application to a higher court to review a decision of a lower court or tribunal.
- Appellant A person who appeals against a decision of a court.
- Conviction A formal declaration by the verdict of a jury or the decision of a judge in a court of law that someone is guilty of a criminal offence.
- Discovery A process by which the parties involved in a legal proceeding must inform each other of documents they have in their possession and which relate to the matters in dispute between the parties.
- Full Court Three or more judges sitting together to hear a proceeding.
- Hearing That part of a proceeding where the parties present evidence and submissions to the Court.
- Judgment The final order or set of orders made by the Court after a hearing, often accompanied by reasons which set out the facts and law applied in the case. A judgment is said to be 'reserved' when the Court postpones the delivery of the judgment to a later date to allow time to consider the evidence and submissions. A judgment is said to be 'ex tempore' when the Court gives the judgment orally at the hearing or soon after.
- Judiciary The Judiciary (sometimes called the courts) makes judgements about the law. The Judiciary is made up of the High Court of Australia and other federal courts.
- Jurisdiction The extent of legal authority or power of the Court to apply the law.
- Justice Maintenance of what is just or right by the exercise of authority or power; assignment of deserved reward or punishment.
- Proceeding The regular and orderly progression of a lawsuit, including all acts and events between the time of commencement and the judgment.
- Respondent The individual, organisation or corporation against whom/which legal proceedings are commenced. Also known as a 'defendant' in admiralty and corporations matters and in some courts. In an appeal it is the party who/ which did not commence the appeal.
Australian Court Hierarchy
Rule of Law Education Centre. (n.d.). Court jurisdiction. https://www.ruleoflaw.org.au/crime/criminal-trial-processes/criminal-law-processes-court-jurisdiction/
Separation of Powers
- Parliamentary Education Office. (2024). Separation of powers in Australia. https://peo.gov.au/understand-our-parliament/how-parliament-works/system-of-government/separation-of-powers-parliament-executive-and-judiciaryThe separation of powers distributes the power to govern between the Parliament, the Executive and the Judiciary. This fact sheet examines the powers of each group and the related principle of responsible government.
This diagram illustrates the separation of powers in the Australian system of government. The Parliament (represented by an icon of Australian Parliament House) has the power to make and change law. The Executive (represented by a group of people) has the power to put law into action. The Judiciary (represented by an icon of a scale) has the power to make judgements on law. The three groups—Parliament, Executive and Judiciary—are connected.
Parliamentary Education Office. (2024). Separation of powers in Australia. https://peo.gov.au/understand-our-parliament/how-parliament-works/system-of-government/separation-of-powers-parliament-executive-and-judiciary
What is Law?
Former Justice of the High Court Michael Kirby, Justice Susan Kenny, the Federal Court of Australia, & Justice Betty King, the Supreme Court of Victoria, talk about the nature of law and justice, its fluid and changing state.
O'Shea, L. (Writer), & Gough-Brady, C. (Writer and Director). (2016). What is law? (Episode 1) [TV series episode]. In Snodger Media (Producer), Legal briefs. Snodger Media.
Documentary
Commonwealth of Australia. (2020). High Court documentary [Video]. https://www.hcourt.gov.au/about/high-court-documentary
Three Key Institutions of Government
Civics Australia. (2023, August 17). Episode 5: Introducing the three key institutions of government and the separation of powers [Video]. https://www.youtube.com/watch?v=SHXkgmxLuz8