High Court of Australia

High Court of Australia
The High Court building, situated on the shore of Lake Burley Griffin, Canberra
Map
35°17′56″S 149°08′09″E / 35.29889°S 149.13583°E / -35.29889; 149.13583
Established1903
Jurisdiction Australia
LocationCanberra, Australian Capital Territory
Coordinates35°17′56″S 149°08′09″E / 35.29889°S 149.13583°E / -35.29889; 149.13583
Composition methodAppointed by the governor-general on the advice of the attorney-general following the approval of the prime minister and Cabinet
Authorized byAustralian Constitution s 71
Appeals from
Judge term lengthMandatory retirement by age 70[1]
Number of positions7, by statute
Websitewww.hcourt.gov.au Edit this at Wikidata
Chief Justice of Australia
CurrentlyStephen Gageler
Since6 November 2023 (2023-11-06)

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.

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] Another legal instrument pertaining to the High Court is 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.

  1. ^ Australian Constitution (Cth) s 72
  2. ^ "Courts". Australian Bureau of Statistics. 24 May 2012. Archived from the original on 25 September 2020. Retrieved 4 May 2013. The High Court of Australia is the highest court of appeal
  3. ^ Judiciary Act 1903 (Cth)
  4. ^ Constitution of Australia (Cth) s 71
  5. ^ Cite error: The named reference High Court of Australia Act was invoked but never defined (see the help page).
  6. ^ Davis, Cassie (10 November 2021). "Judicial Appointments". Parliament of Australia. FlagPost.
  7. ^ "High Court of Australia, King Edward Tce, Parkes, ACT, Australia (Place ID 105557)". Australian Heritage Database. Australian Government. 22 June 2004. Retrieved 20 May 2020.

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