Appellate jurisdiction High Court of Australia
the high court s appellate jurisdiction defined under section 73 of constitution. high court can hear appeals supreme courts of states , territories, federal court or court exercising federal jurisdiction (such federal court of australia, federal circuit court of australia, or other federal courts), , decisions made 1 or more justices exercising original jurisdiction of court.
however, section 73 allows appellate jurisdiction limited such exceptions , subject such regulations parliament prescribes . parliament has prescribed large limitation in section 35a of judiciary act 1903. requires special leave appeal. special leave granted question of law raised of public importance; or involves conflict between courts; or in interests of administration of justice . therefore, while high court final court of appeal, cannot considered general court of appeal. decision whether grant special leave appeal determined 1 or more justices of high court (in practice, panel of 2 or 3 judges). is, court exercises power decide appeal cases consider.
Comments
Post a Comment