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High Court of Australia


 

The High Court of Australia is the final court of appeal in Australia. It is mandated by Section 71 of the Australian Constitution.

Role of the court

The functions of the High Court are to interpret and apply the law of Australia; to decide cases of special federal significance including challenges to the constitutional validity of laws and to hear appeals, by special leave, from Federal, State and Territory courts.

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As well as its appellate role, the High Court also exercises some original jurisdiction, especially in regard to the administrative overview of the activities of Federal ministers and public servants. In practice, this most often involves attempts to overturn immigration-related decisions.

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Some of the court's decisions have had profound effects on the course of Australia's history. Some particularly notable ones include the 1948 finding that the Chifley government's legislation to nationalise Australia's private banks was unconstitutional, the 1951 finding that Robert Menzies' attempts to ban the Communist Party of Australia were unconstitutional, and the 1992 Mabo decision.

Related Topics:
Chifley - Robert Menzies - Communist Party of Australia - 1992 Mabo decision

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