The Impact of Landmark Decisions made by the High Court. The Role Of The High Court. Definition: Superior court in hierarchy Directly established Original jurisdiction Appellant jurisdiction Interpret & apply Constitution establishes, outlines & powers of judicature
made by the High Court
-judicial power of commonwealth vested in supreme court, to be called HC of Aus., the HC consist of a CJ, many other justices, not less than 2, as parliament prescribes.
-Consuls or other representatives
-Person suing/being sued, is a party
-Between states, residents or both
-Writ of mandamus, prohibition, injunction, sought against an officer
-Immigration related decisions, against an officer
-Arising the constitution, or interpretation
-Arising under any laws made
-Admiralty & maritime
-Relating subject-matter, laws of different states
of the Courts
-Phase 5:Contemporary approaches
-D’Emden’s Case (1904)
-Peterwald’s Case (1904)
-Dispute between, Amalgamated society & engineering & sawmilling, by WA.
-Commonwealth sought legislate, under s51 had power make laws, state based, dispute extended beyond.
-HC agreed, broader interpretation, industrial powers, ruling industrial law apply WA, & by implication other states.
-Noarlunga Meat Case (1954)
-State Banking Case (1947)
-Communist Party Case (1951)
-Bass Strait Pipeline Case (1983)
-Crayfish Case (1988)