The High Court

Question 1

Roles of the High Court

Answer 1

○ Determines constitutional cases – If a person or organization feels the Government has made decisions contrary to the Constitution
○ Hears appeals (only if absolutely necessary and the person obtains ‘special leave’), some of which may lead to new common law
○ Hears cases between the governments – State v State or Federal v State
○ Hears cases involving treaties

Question 2

Court hierarchy

Answer 2

○ The higher courts are at the top of the hierarchy because they handle the most important cases, and the lower courts are at the bottom because they handle less serious cases
○ Upper courts in the hierarchy have more power than lower courts
○ Courts higher on the hierarchy can hear appeals from lesser courts’ rulings
○ Lower courts are required to obey decisions made by higher courts in subsequent cases because these decisions serve as precedent (or common law) that binds lower courts

Question 3

High court’s appellate jurisdiction (section 73)

Answer 3

• The High Court is Australia’s top Court of Appeal
• This indicates that you may appeal to the High - Court from the supreme court of your jurisdiction if you are granted leave
• Appellate relates to the High Court’s power to review decisions made by lower courts, including State Supreme Courts and the Federal Court of Australia

Question 4

High court’s original jurisdiction (sections 75 & 76)

Answer 4

• Interprets the Constitution: The High Court interprets the Constitution when there is ambiguity
• Original jurisdiction refers to cases that have come directly to the High Court, without any prior judicial decision

Question 5

WA’s high court hierarchy

Answer 5

• Magistrate’s Court (civil matters, criminal matters)
• District Court (civil matters, criminal matters)
• Supreme Court of Western Australia (civil matters, criminal matters)
• High Court of Australia