High Court of Australia

What cases are heard in the High Court of Australia?

The High Court of Australia is the highest court in Australia. It hears cases following appeal from lower courts or cases which begin in the High Court itself.

Most of the High Court’s work relates to the hearing of appeals against decisions of other courts. These appeals can relate to criminal, civil or administrative cases. The High Court hears matters from the whole range of Australian law. It includes arbitration, contract, company law, copyright, courts-martial, criminal law and procedure, tax law, insurance, personal injury, property law, family law, trade practices, etc.

There is no automatic right to have an appeal heard by the High Court of Australia and parties who wish to appeal must persuade the Court in a preliminary hearing that there are special reasons to cause the appeal to be heard.

Criminal law and procedure matters heard at the High Court will generally be appeals of lower court decisions, such as decisions from the NSW Court of Criminal Appeal. Criminal cases that are granted permission (or “special leave”) generally involve an important legal issue or disagreement between the lower courts that the High Court should rule on, or because there has been a significant irregularity in the lower court proceedings

The circumstances in which cases can begin in the High Court itself are set out in the Australian Constitution. These circumstances include:

• Where the Commonwealth is a party.
• Where a writ (a formal written court order) is sought against an officer of the Commonwealth (for example, the Minister for Immigration).
• Matters arising between different states, or the residents of different states.
• Matters arising under international treaties or relating to the representatives of foreign countries.

Decisions of the High Court on appeal are final. There are no further appeals once a matter has been decided by the High Court, and the decision is binding on all other courts throughout Australia.

How can we help you?

Our lawyers travel to the High Court of Australia to defend all criminal matters, and we have a track record of getting outstanding results for our clients in this court.

We also attend all other courts throughout NSW and the ACT.

If you require assistance, contact us on 1300 668 484 or submit an online enquiry.