The new lawyer

James ⋅ Field

Case law and court systems

Learning outcome
Explain the structure of the various court systems in Australia and the way courts make case law

Federal court system

High Court (appellate jurisdiction) – In its appellate jurisdiction, the High Court sits as a panel of three, five or seven Justices and hears appeals from the decisions of State and Territory Supreme Courts, from the Federal Court and the Family Court, and from any High Court Justice exercising original jurisdiction.

High Court (original jurisdiction) – In its original jurisdiction, the High Court sits as a single Justice to hear disputes about Federal law and sits as a panel of five to seven Justices to hear disputes relating to the interpretation of the Australian Constitution, including disputes regarding the constitutional validity of Federal legislation. It also hears trials that involve matters in which the Commonwealth is suing or being sued, and disputes between the States.

Full Court of the Federal Court of Australia (appellate jurisdiction) – In its appellate jurisdiction, the Federal Court sits as a Full Court consisting of three judges and hears appeals from the decisions of single Federal Court judges and from the Federal Magistrates Court.