High Court Of Australia example essay topic

The High Court is the highest court in the Australian judicial system. The court was created in the early 1901 in correspondence with the Australian constitution (section 71). The main role of the high court is to interpret and uphold the Australian law, remain the judge in case of constitutional disputes or over the laws of Australia. Also the court should hear various cases from state, federal or territory courts together with the appeals by special leave (Warhurst, 153). The court physically is located in the city of Canberra, where it is located in its own building within the Parliamentary Triangle. The High Court building houses three courtrooms, Justices' chambers, and the Court's main registry, library, and corporate services facilities.

In addition, there are offices of the Australian High Court Registry in the cities of Sydney and Melbourne, staffed by officers of the High Court. In Brisbane and Perth the High court registry functions are performed by officers of the Federal Court of Australia on behalf of the high court of Australia (Ackerman, 23). According to the section 71 of the Australian constitution the High court has jurisdiction with such exceptions and subject to such regulations as the Parliament prescribes, to hear and determine appeals from all judgments, decrees, orders, and sentences: 1. It can hear the cases of the high court 2. it can interpret the cases of any Australian state of the commonwealth (Inglis, 23). 3. in can interpret the questions of law of the Inter-State Commission. At the same time no exception or regulation prescribed by the Parliament can High Court from hearing and determining any appeal from the Supreme Court of a State in any matter (Warhurst, 156). The original jurisdictions of the high court were the following (Ackerman, 25): (i) arising under any treaty (Ackerman, 187); (ii) 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; (iv) between States, or between residents of different States, or between a State and a resident of another State; (v) in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth; 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 (Warhurst, 157).

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 (Ackerman, 29). 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 (Ackerman, 187). 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 (Inglis, 24).