High Court of Australia

The High Court of Australia is the highest court in Australia. Its tasks include interpreting the Constitution of Australia, applying national laws and hearing federal cases. It also serves as the highest court of appeals in the country. The Constitution established the High Court in 1901 upon the country’s Federation. However, the early Court had no set headquarters and travelled to set up temporarily at existing courthouses. In 1928, the High Court settled in Melbourne, and then moved to a new courthouse in Canberra in 1980. The modern High Court has seven justices, including a chief justice. As of 2024, forty-two people have been justices and fourteen others have been chief justices.

Background

Before its Federation on 1 January 1901, Australia was divided among six self-governing colonies overseen by British leaders. These colonies were subject to British laws and rules and had no major court of its own. Australian citizens in need of judicial assistance had to appeal to the Privy Council in London, England. This situation began to change with the creation of the Constitution of Australia Act of 1900, a piece of legislation that set out an independent and unified government for Australia.

Section 71 of the Constitution of Australia Act established the basis for a High Court to serve the new independent country. The High Court would have three major powers and goals. One was to interpret the new Australian constitution, the government’s foundational document, and determine how it would apply to leaders and laws. Another was to review and try cases appealed from various lower courts throughout Australia. Finally, the High Court would also hear cases that pertained to the federal government. Over time, these powers and goals would greatly contribute to the growth and character of the country.

Although officials established a High Court on 1 January 1901 with the Federation, the Court had no strict physical location. For the first two decades of its existence, the Court moved between the country’s states, setting up temporary locations in pre-existing courthouses. During this time, the Court became most closely associated with Melbourne, which served as a preliminary capital for the newly formed country. The High Court’s first trial occurred on 6 October 1903 in Melbourne’s Supreme Court building.

Present at this first sitting were some major figures in Australian history, including Sir Edmund Barton, the first prime minister of Australia. Although many people thought the High Court was not necessary within the Australian judicial system, the Court quickly made a strong impact. In its rulings, the High Court proved its primacy over State Supreme Courts and other lower bodies and expanded its own responsibilities to include many new kinds of case. In addition, the Court’s justices became widely known for their effectiveness, fairness and efficiency.

Impact

As the government took physical form, leaders decided the High Court should have a location of its own. In the 1920s, workers built a new courthouse on Little Bourke Street in Melbourne specifically for the High Court. This building saw its first High Court sitting on 20 February 1928 and would serve as the main headquarters of the Court until the Court moved to Canberra in 1980. Still, the Court has continued to occasionally visit other major and capital cities as required, in line with its tradition of travel.

The High Court changed and evolved significantly during its first century of operation. During the Great Depression that began in 1929, the Court temporarily reduced its number of seats to reflect a lessened caseload as well as to save government funds. During World War II (1939–1945), the Court faced many challenges in determining the country’s role and responsibilities in the conflict. In the 1960s, the Court’s extensive casework became unmanageable, so officials created a new body, the Federal Court of Australia, to relieve some of the caseload.

Also in the 1960s, officials decided to change the location of the High Court to better reflect the political geography of the country. They chose a spot within the Parliamentary Triangle in the national capital of Canberra and approved the Court’s move there in 1968. In the early 1970s, architects began making plans, and construction began in April 1975. Five years later, the new building was ready, and Queen Elizabeth II oversaw its grand opening on 26 May 1980.

The modern High Court building exhibits late modern Brutalist architecture in its walls of shining glass and blocky concrete. This building includes three courtrooms, each with a special significance. The first courtroom, colourful and richly decorated, is used for cases in which all seven justices preside, or for cases or other events of ceremonial importance. The second courtroom is a much simpler facility used for most regular cases and is often denoted as the ‘working courtroom.’ The third courtroom is the smallest and simplest. It is used for cases in which only one justice is required.

The High Court building also encloses a judicial library and registry, chambers for the justices and various administrative services. Art in galleries and along walls helps to show the development, meaning and importance of law in Australia. In the twenty-first century, the High Court building is a popular destination for tourists. Guided tours are common sights in the Court’s halls.

Despite some temporary alterations, the number of High Court justices is typically set at seven, including the chief justice. The governor-general in Council appoints these justices, and they cannot be removed from office except in serious cases as agreed upon by both Houses of Parliament as well as the governor-general. However, justices must retire at the age of seventy. In the history of the High Court, forty-two people have served as justices and an additional fourteen have been chief justices. Three of the justices went on to hold the office of governor-general: Sir Isaac Isaacs, Sir Ninian Stephen and Sir William Deane.

Bibliography

“High Court of Australia Act 1979.” Federal Register of Legislation, Australian Government, www.legislation.gov.au/Details/C2016C00966. Accessed 17 Jan. 2025.

“High Court of Australia.” Australian Government Directory, 2 Dec. 2020, www.directory.gov.au/portfolios/attorney-generals/high-court-australia. Accessed 17 Jan. 2025.

“High Court of Australia (former).” Australian Government Department of Agriculture, Water and the Environment, www.environment.gov.au/heritage/places/national/high-court-former. Accessed 17 Jan. 2025.

“High Court of Australia.” Visit Canberra, 2020, visitcanberra.com.au/attractions/56b23af9b042386245d42951/high-court-of-australia. Accessed 17 Jan. 2025.

“History of the High Court.” High Court of Australia, 2020, www.hcourt.gov.au/about/history. Accessed 17 Jan. 2025.

“Operation of the High Court.” High Court of Australia, 2020, www.hcourt.gov.au/about/operation. Accessed 17 Jan. 2025.

“Role of the High Court.” High Court of Australia, 2020, www.hcourt.gov.au/about/role-of-the-high-court. Accessed 17 Jan. 2025.

Scott, Scarlett. "The US Supreme Court and Australian High Court Compared." United States Studies Centre, 18 Dec. 2023, www.ussc.edu.au/the-us-supreme-court-and-australian-high-court-compared. Accessed 17 Jan. 2025.