Formation of the court High Court of Australia

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the first chief justice of australia, sir samuel griffith, administered judicial oath @ first sitting of high court, in banco court of supreme court of victoria, 6 october 1903.


the constitution passed imperial parliament, , came effect on 1 january 1901. however, high court not established immediately; necessary new parliament of australia make laws structure , procedure of court. of members of first parliament, including sir john quick, 1 of leading legal experts in australia, opposed legislation set court. h. b. higgins, himself later appointed court, objected setting up, on grounds impotent while privy council appeals remained, , in event there not enough work federal court make viable.


in 1902, attorney-general alfred deakin introduced judiciary bill 1902 in house of representatives. although deakin , griffith had produced draft bill february 1901, continually delayed opponents in parliament, , success of bill attributed deakin s passion , effort in pushing bill through parliament despite opposition. deakin had proposed court composed of 5 judges, specially selected court; opponents instead proposed court should made of state supreme court justices, taking turns sit on high court on rotation basis, had been mooted @ constitutional conventions decade before. deakin negotiated amendments opposition, reducing number of judges 5 three, , eliminating financial benefits such pensions.


at 1 point, deakin threatened resign attorney-general due difficulties faced. in famous speech, deakin gave second reading house of representatives, lasting 3 , half hours, in declared:



federation constituted distribution of powers, , court decides orbit , boundary of every power... termed keystone of federal arch... statute stands , stand on statute-book in hour in assented to. nation lives, grows , expands. circumstances change, needs alter, , problems present new faces. [the high court] enables constitution grow , adapted changeful necessities , circumstances of generation after generation high court operates.



deakin s friend, painter tom roberts, viewed speech public gallery, declared deakin s magnum opus . judiciary act 1903 passed on 25 august 1903, , first 3 justices, chief justice sir samuel griffith , justices sir edmund barton , richard o connor appointed on 5 october of year. on 6 october, court held first sitting in banco court in supreme court of victoria.


on 12 october 1906, size of high court increased 5 justices, , deakin appointed h. b. higgins , isaac isaacs high court. in february, 1913, high court increased again, addition of 2 justices, bringing total seven. charles powers , albert bathurst piddington appointed, however, outcry against appointments great justice piddington resigned on 5 april 1913, without having taken seat.








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