Original jurisdiction High Court of Australia

the conferral of original jurisdiction creates problems high court. example, challenges against immigration-related decisions brought against officer of commonwealth within original jurisdiction of high court.

section 76 provides parliament may confer original jurisdiction in relation matters:

constitutional matters, referred in section 76(i), have been conferred high court section 30 of judiciary act 1903. however, inclusion of constitutional matters in section 76, rather section 75, means high court s original jurisdiction regarding constitutional matters removed. in practice, section 75(iii) (suing commonwealth) , section 75(iv) (conflicts between states) broad enough many constitutional matters still within jurisdiction. original constitutional jurisdiction of high court established: australian law reform commission has described inclusion of constitutional matters in section 76 rather section 75 odd fact of history. 1998 constitutional convention recommended amendment constitution prevent possibility of jurisdiction being removed parliament. failure proceed on issue suggests considered highly unlikely parliament ever take step.

the requirement of matter in section 75 , section 76 of constitution means concrete issue must need resolved , high court cannot give advisory opinion.