Roles of the High Court
Research guide to assist Year 10 Civics students in researching the roles of the High Court, including several case samples.
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;
the High Court shall have original jurisdiction." (Parliament of Australia, n.d.)
Palmer v The State of Western Australia (2021)
-
High Court of Australia. (2021, February 24). Palmer v The State of Western Australia [2021] HCA 5. https://www.hcourt.gov.au/assets/publications/judgment-summaries/2021/hca-5-2021-02-24.pdfOn 6 November 2020 the High Court answered questions referred to it in a special case concerning whether the Quarantine (Closing the Border) Directions (WA) ("the Directions") and/or the authorising Emergency Management Act 2005 (WA) ("the Act") were invalid (in whole or in part) for impermissibly infringing s 92 of the Constitution. Today the Court published its reasons for joining in those answers.
-
Rule of Law Education Centre. (n.d.). Does the Constitution allow the States to close their borders? https://www.ruleoflaw.org.au/constitution/border-closures/When the High Court has looked at s92 of the Constitution, they have said there are times when the States can shut their borders and not breach the Constitution so long as the closures are proportionate and for a legitimate purpose.
-
Suraweera, A. (2022). Palmer v Western Australia: Pandemic Border Closures and Section 92 of the Australian Constitution. http://classic.austlii.edu.au/au/journals/SydLawRw/2022/13.htmlIn Palmer v Western Australia, the High Court of Australia found unanimously that the Western Australian Government’s pandemic border restrictions were not invalid under s 92 of the Australian Constitution. The bench delivered its decision in four judgments, expressing significant disagreement regarding structured proportionality testing’s applicability to s 92 and its place in Australian constitutional law broadly. This case note examines the hardening of differences between proponents and critics of structured proportionality and suggests that structured proportionality is not the appropriate analytical tool for assessing invalidity claims under s 92.
Sydney Law Review 13; (2022) 44(2) -
Eburn, M. (2021, February 25). High Court rejects Palmer’s objection to WA border closure. https://australianemergencylaw.com/about-2/Yesterday the High Court handed down the reasons for its decision in Palmer v Western Australia [2021] HCA 5 (24 February 2021). On 6 November 2020 the judges of the High Court (Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ) had unanimously dismissed Palmer’s case but we had to wait to yesterday for them to publish their reasons explaining the issues and the basis of their decisions.
Australian Broadcasting Corporation. (2021, October 14). Clive Palmer loses High Court case against WA [TV series episode]. In ABC News. Australian Broadcasting Corporation.
Australian Broadcasting Corporation. (2020, August 14). Western Australia passes emergency legislation [TV series episode]. In ABC News Breakfast. Australian Broadcasting Corporation.
Audiovisual Recordings
High Court of Australia. (2020). Recent AV recordings. https://www.hcourt.gov.au/cases/recent-av-recordings
15-18 June 2021 - Palmer v The State of Western Australia
Palmer v McGowan (2021) & McGowan v Palmer (2021)
-
Federal Court of Australia. (2022, August 11). Palmer v McGowan (No 6) [2022] FCA 927. https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2022/2022fca0927Judgment in Palmer v McGowan (No 6) [2022] FCA 927
-
Byrne, E. (2021, October 13). Clive Palmer loses High Court battle against the state of Western Australia, prevented from suing. https://www.abc.net.au/news/2021-10-13/clive-palmer-loses-battle-against-state-of-western-australia/100534312Clive Palmer has lost his High Court battle with Western Australia in a challenge to a law that prevents him suing the state for up to $30 billion.
-
Mason, M., & Sprague, J. (2022, August 2). Palmer v McGowan a waste of court’s time, taxpayer money: judge. https://www.afr.com/companies/media-and-marketing/palmer-v-mcgowan-was-a-waste-of-court-s-time-taxpayer-money-judge-20220801-p5b68zA Federal Court judge has criticised legal actions brought by mining magnate Clive Palmer and West Australian Premier Mark McGowan as a waste of court resources, after ruling that the two men defamed each other, but awarded damages worth far less than their legal costs.
-
Wesson, M., & Murray, I. (2021, October 13). Explainer: why did the High Court rule against Clive Palmer and what does the judgment mean? https://theconversation.com/explainer-why-did-the-high-court-rule-against-clive-palmer-and-what-does-the-judgment-meaThe High Court has unanimously rejected claims by mining magnate Clive Palmer and his company Mineralogy that legislation passed by the Western Australian parliament intended to prevent him from claiming billions in damages was unconstitutional. What did the court find and what will it mean for the state moving forward?
Nine Network Australia. (2022, February 14). Palmer v McGowan [TV series episode]. In 9News. Nine Network Australia.
Australian Broadcasting Corporation. (2022, March 7). McGowan gives evidence [TV series episode]. In ABC News. Australian Broadcasting Corporation.
Australian Broadcasting Corporation. (2022, August 2). Clive Palmer and Mark McGowan defamation case [TV series episode]. In ABC News. Australian Broadcasting Corporation.