Judiciary Act 1903

25 August 1903

The High Court is founded to serve as a key part of the separation of powers in Australia.

The High Court of Australia was established in 1901 by section 71 of the Australian Constitution and serves as a key part of the separation of powers in the Australian system of government. However, its first justices were not appointed, and the court did not begin to sit, until the Judiciary Act 1903 was implemented.

One of the High Court's main functions is to interpret and decide disputes about the meaning of the Constitution. It has been asked to determine if Acts passed by the Australian Parliament are within the powers of the Commonwealth, such as the Communist Party Dissolution Act 1950, and whether Commonwealth or state law prevails, such as the Tasmanian Dam Case in 1983. In exercising this role, the High Court has itself influenced the constitutional relationship between the states and the Commonwealth.

In 1903, when the Judiciary Act was passed, appeals from the High Court and state supreme courts could still be made to the British Privy Council. This right was removed by laws made in 1975 (ending appeals from the High Court) and 1986 (ending appeals from the state courts). Now the High Court is the final court of appeal in Australia.

The federation is constituted by distribution of powers, and it is this court which decides the orbit and boundary of every power.
Alfred Deakin, introducing the Judiciary Bill to the House of Representatives, 18 March 1902.
Close-up of an old piece of paper.

High Court of Australia - Ticket of Admission, 6 October 1903

National Library of Australia, MS 1300

High Court of Australia - Ticket of Admission, 6 October 1903

Close-up of an old piece of paper.

National Library of Australia, MS 1300

Description

An admission ticket to the first sitting of the High Court of Australia in 1903 belonging to member of parliament R.A. Crouch. The ticket was issued by Walter D. Bingle, the first marshal of the High Court.