The High Court of Australia

 

The High Court of Australia is the highest court in all Australian court hierarchies.

It consists of seven judges appointed by the Governor-General on the advice of the Prime Minister. One of the judges is appointed Chief Justice.

The High Court is given its power to hear and decide cases by the Commonwealth constitution. It has some original jurisdiction to hear cases at first instance, but most of the cases dealt with by the High Court are appeals. To bring an appeal in the High Court the appellant must seek 'special leave' from the High Court. Leave will normally only be granted if the case involves an important or uncertain legal point.

All seven judges sit to hear a case involving the interpretation of the constitution, or the case involving an important principle of law, or a case in which a previous decision might be changed. In other cases, a lesser number of judges make up the court. The judges presiding over a case are collectively referred to as 'the bench'.

Because it is the highest court of appeal in all Australian court hierarchies, the decisions of the High Court guarantee uniformity in the way Australian courts apply the law and decide cases.