A look at Australia’s top court and how it operates

SCOTUSblog interviewed professor Cheryl Saunders about the High Court of Australia. The court was created in 1903, hears appeals and some original matters, and has judicial review authority. It has seven justices, who are appointed through the attorney-general and governor-general and serve until age 70.

Australia’s Constitution took effect in 1901; the High Court began in 1903. Chapter III requires a high court and regulates some aspects, though implementing legislation was needed. It hears federal and state appeals and some original matters. Certain original jurisdiction comes directly from the Constitution; other categories may be assigned by statute, and those matters can also go to other federal or state courts.

Seven justices sit. The attorney-general leads candidate selection, consulting state attorneys-general and possibly judges, legal groups, and senior lawyers; the governor-general formally appoints. Justices serve until 70, barring early retirement or removal. Majority decisions control; each justice writes separately, so readers may need to combine judgments to find the majority position.