High Court of Australia:

The High Court is the highest judicial forum of the Australian Commonwealth, established under section 71 of the Constitution as the “Federal Supreme Court”:

“The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Parliament prescribes.”

Under section 73 of the Constitution:

“The High Court shall have 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:

(i)       of any Justice or Justices exercising the original jurisdiction of the High Court;

(ii)     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;

(iii)    of the Inter‑State Commission, but as to questions of law only;

and the judgment of the High Court in all such cases shall be final and conclusive.”

According to its website, the High Court’s “functions [...] 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.” [1] The High Court is physically located in the Australian Capital Territory, but its justices periodically go on what’s known as a “circuit” to the state capitals as well.

The High Court hears all cases that are within the civil litigation and commercial litigation practice area. Matters before the High Court are often highly complex or involve pressing legal issues and controversies. Litigating before the High Court can be extremely costly, not only because the accrued legal fees would have been inflated by the exhaustion of lower court appeal processes, but because the advocacy costs of High Court litigation are very high indeed as a result of specialist and expert representation.

If you have a legal dispute which you may believe will take you to the High Court, you may wish to contact our firm by telephone on (02) 9233 4048 or email at info@navado.com.au and make an appointment to see one of our solicitors. 

[1] “Role of the High Court” High Court of Australia website (undated) <www.hcourt.gov.au> (accessed 6 December 2013).

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.