Judiciary Act 1903

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Judiciary Act 1903
Coat of Arms of Australia.svg
Parliament of Australia
Long title
  • An Act to make provision for the Exercise of the Judicial Power of the Commonwealth
Royal assent25 August 1903
Commenced25 August 1903
Status: Current legislation

The Judiciary Act 1903 is an Act of the Australian Parliament that regulates the structure of the Australian judicial system and confers jurisdiction on Australian federal courts.[1] It is one of the oldest pieces of Australian federal legislation[1] and has been amended over 70 times.[2]

Amongst other things, the Act regulates the exercise of the jurisdiction of the High Court of Australia,[3] confers jurisdiction on the Federal Court of Australia,[4] provides for the right of barristers and solicitors to practice in federal courts, and establishes the Australian Government Solicitor.[5]

s 78B notices[]

Section 78B of the Act requires Australian courts to ensure that the parties have given notice to the attorneys-general of Australia and of each state before proceeding with any case involving a "matter arising under the Constitution." Each of these governments may then intervene in the case under section 78A of the Act.

See also[]

External links[]

References[]

  1. ^ a b Australian Law Reform Commission (2001). The Judicial Power of the Commonwealth: A Review of the Judiciary Act 1903 and Related Legislation (Report). para. 1.1. Retrieved 18 May 2021.
  2. ^ Australian Law Reform Commission (2001). The Judicial Power of the Commonwealth: A Review of the Judiciary Act 1903 and Related Legislation (Report). para. 1.2. Retrieved 18 May 2021.
  3. ^ Judiciary Act 1903 (Cth) s 30
  4. ^ Judiciary Act 1903 (Cth) s 39B
  5. ^ Judiciary Act 1903 (Cth) s 55J
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