PART 2: CHIEF JUSTICE’S OVERVIEW
PART 2
CHIEF JUSTICE’S OVERVIEW Section 71 of the Constitution vests the judicial power of the Commonwealth in the High Court of Australia, in such other federal courts as the Parliament creates, and in such other courts as it vests with federal jurisdiction. The High Court has original jurisdiction in matters defined by section 75 of the Constitution and original jurisdiction conferred by laws made by the Parliament under section 76 of the Constitution – including jurisdiction in any matter arising under the Constitution or involving its interpretation, or in any matter arising under any laws made by the Parliament. The High Court is also the final court of appeal for all other federal courts or courts exercising federal jurisdiction and for the Supreme Court of any State or Territory. The High Court consists of seven Justices, each appointed until the age of 70. The Justices administer the affairs of the Court pursuant to section 17 of the High Court of Australia Act 1979 (Cth). The Justices are assisted in that task by the Chief Executive and Principal Registrar (‘CE&PR’), Ms Philippa Lynch PSM, and by senior staff of the Court. The Justices usually hold a Court Business Meeting with the CE&PR in each sitting period. Committees made up of Justices and senior staff deal with matters including Finance, Audit, Information Technology, Rules, Communications, Library, Archives, Artworks and the production of the Annual Report, and make recommendations to the Court Business Meeting. In 2019–20, the Court decided 461 special leave applications, 55 appeals, one case involving an application for constitutional writs and 15 other cases, including applications for removal under section 40 of the Judiciary Act 1903 (Cth). Ninety-two per cent of the applications for leave or special leave to appeal were decided within six months of filing and 67 per cent of appeals decided by the Court during the reporting year were completed within nine months of filing. Ninety-eight per cent of civil and criminal appeals decided by the Full Court in 2019–20 were decided within
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six months of the hearing of argument, with 38 per cent decided within three months of the hearing. Sixty‑three per cent of original jurisdiction matters were decided within three months of hearing argument. All of the original jurisdiction matters were decided within six months of hearing. There was a small decrease in the percentage of self-represented litigants seeking special leave to appeal, with such litigants constituting 47 per cent of applicants, compared to 55 per cent in 2018–19. Cases decided by the Court during the reporting period reflect the Court’s functions as the final appellate and constitutional court of Australia and the variety of subject matters encompassed by its jurisdiction. They included cases about statutory interpretation, legal professional privilege, insurance, limitation of actions, criminal law and procedure, restitution, corporations law, immigration, taxation, administrative law, practice and procedure, costs, bankruptcy, evidence, customs and excise, native title, stamp duty, damages and tort. In its original jurisdiction, the Court decided cases involving the implied freedom of communication on political and government matters, the aliens power, elections, and Chapter III of the Constitution.
