LAWS1116 Ch III of the Constitution, 2011

Chapter III of the Constitution

s 71
The judicial power of the Commonwealth is vested in the High Court, federal courts and other courts invested with federal jurisdictions (ie State and Territory courts).

s 72
The tenure and remuneration of federal judges (until they are 70 years of age; fixed renumeration).

s 73
The appellate jurisdiction of the High Court (Parliament may pass exceptions as to the High Court’s appellate jurisdiction, though no exception may prevent the High Court from hearing and determining appeals from a State Supreme Court).

ss 75-6
The original jurisdiction of the High Court:

  • arising under any treaty;
  • international matters;
  • where the Commonwealth is a party of the proceedings;
  • interstate matters;
  • matters involving a writ of Mandamus/prohibition/injunction is sought against an officer of the Commonwealth);

(s 76 : subject to Parliament making laws conferring original jurisdiction over)

  • arising under the Constitution, or involving its interpretation;
  • arising under any laws made by the Parliament;
  • of Admiralty and maritime jurisdiction; and
  • relating to the same subject-matter claimed under the laws of different States.

s 77
The Parliament’s power to define and invest federal jurisdiction in federal and State courts.

s 78
The Parliament may make laws conferring rights to begin proceedings against the Commonwealth or a State in respect of matters within the limits of the judicial power.

s 79
Parliament may prescribe the number of judges in any court exercising federal jurisdiction.

s 80
The trial on indictment of any offence against any Commonwealth law will be by jury, which will be held in the State where the offence was committed (if the offence was not committed within any State, Parliament will prescribe where the trial will be held).