High Court of Australia | |
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![]() Seal of the High Court of Australia | |
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35°17′56″S 149°08′09″E / 35.29889°S 149.13583°E | |
Established | 25 August 1903 |
Jurisdiction | ![]() |
Location | Canberra, Australian Capital Territory |
Coordinates | 35°17′56″S 149°08′09″E / 35.29889°S 149.13583°E |
Composition method | Appointed by the governor-general on the advice of the attorney-general following the approval of the prime minister and Cabinet |
Authorized by | Australian Constitution s 71 |
Appeals from |
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Judge term length | Mandatory retirement by age 70[1] |
Number of positions | 7, by statute |
Website | www |
Chief Justice of Australia | |
Currently | Stephen Gageler |
Since | 6 November 2023 |
Australian court hierarchy |
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Federal Law Courts |
Courts of Australian States and Territories |
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] Its internal processes are governed by 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.
The High Court of Australia is the highest court of appeal
High Court of Australia Act
was invoked but never defined (see the help page).