High Court


Aliens in their own land: 'Alien' and the rule of law in colonial and post-federation Australia

This thesis argues that the ‘rule of law’ was not followed in colonial and post-federation Australia in relation to a fundamental principle of the common law.
Fact sheet

Fact Check: What does the High Court think about dual nationality?

Shadow attorney-general Mark Dreyfus claims that on the High Court's current interpretation, Nationals Senators Fiona Nash and Matt Canavan, as well as Deputy Prime Minister Barnaby Joyce would be ineligible to sit in Parliament.

Report on government services 2018: Justice - Chapter 7 Courts

Key facts: In 2016–17, in the criminal jurisdiction of the supreme, district/county, magistrates’ and children’s courts, approximately 825,202 cases were lodged, and 864,923 cases were finalised. In the civil jurisdiction of these same courts approximately 436,333 cases were lodged and 440,523 cases finalised. In the...

Report on government services 2019: Justice - Chapter 7 Courts

The focus of this chapter is the court administration functions of Australian and State and Territory courts. Data are reported for the Federal Court, the Family Court of Australia and the Federal Circuit Court, the criminal and civil jurisdictions of the supreme courts, district/county courts...
Briefing paper

The High Court's decision in Brown v Tasmania

This e-brief discusses the High Court’s decision in Brown v Tasmania and its implications for protest law in NSW.

Green in judgement

Tony Blackshield looks at what the High Court’s recent decision in the Lapoinya Forest case can tell us about its evolving attitude to free speech?

Victims welcome High Court ruling on lenient child abuse sentencing in Victoria

The High Court of Australia has ruled that current sentencing practices are one factor to be considered in a judge's decision making, but not the controlling factor.
Audio interview

South Australian murder appeal could have significant repercussions

A man's bid to have his murder conviction overturned in South Australia, which could have repercussions for hundreds of other cases, has split the state's Court of Criminal Appeal and will now go to the High Court of Australia. Frits Van Beelen's appeal comes twenty-five...

The High Court on constitutional law: the 2013 statistics

Introduction: This article presents statistical information about the High Court’s decision making for 2013 at both an institutional and individual level, with an emphasis on constitutional cases as a subset of the total. The results have been compiled using the same methodology employed in studies...

Mate! Citizens, aliens and 'real Australians': the High Court and the case of Amos Ame

In Ame's Case the High Court said that a Papuan man who was an Australian citizen by birth was not a 'real Australian' and could be treated as an 'alien' under the Australian constitution, including for the purpose of taking his citizenship away. The case...