Full text : Responsible government in the Dominions (Vol. 2)

cHAP. 11] THE COMMONWEALTH OF AUSTRALIA 875

CHAPTER III

Tue JUDICATURE

71. 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.
73. 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 judgements,
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 judgement of the High Court in all such
cases shall be final and conclusive.
But no exception or regulation prescribed by the Parliament
 shall prevent the High Court from hearing and determining
 gny appeal from the Supreme Court of a state in any
matter in which at the establishment of the Commonwealth
an appeal lies from such Supreme Court to the Queen in
Council.
Until the Parliament otherwise provides, the conditions
of and restrictions on appeals to the Queen in Council from
the Supreme Courts of the several states shall be applicable
to appeals from them to the High Court.
75. In all matters—
(1) Arising under any treaty ;
(ii) Affecting consuls or other representatives of other
countries ;
(iii) In which the Commonwealth, or a person suing or
being sued on behalf of the Commonwealth, is a party
(provision is made for such suits by the Claims against the
Government Act, 1902, and part ix of the Judiciary Act,
1903) ;
(iv) Between states, or between residents of different states,
            
Waiting...

Note to user

Dear user,

In response to current developments in the web technology used by the Goobi viewer, the software no longer supports your browser.

Please use one of the following browsers to display this page correctly.

Thank you.