User:SilasM/History of the High Court of Australia

The history of the High Court of Australia is most usually organised by reference to the distinctive features of its work under the leadership of its successful Chief Justices.

Establishment of the Court

Early attempts

The first proposal for a superior court with an Australia-wide jurisdiction was made by a committee constituted by the Privy Council, the Committee on Trade and Plantations (1848), which recommended Australian federation and proposed

the establishment of a General Supreme Court, to be a Court of Original Jurisdiction, or a Court of Appeal for any of the inferior Courts of the separate provinces.

This proposal was later abandoned.

In 1870, a Victorian Royal Commission recommended the establishment of a common regional court of appeal as 'almost a matter of necessity'. Draft legislation was prepared for the establishment of a "High Court of Appeal for Australia". The Privy Council Office reportedly found the proposal insulting, and caused it to be abandoned.

In 1880, legislation was prepared for "An Act to provide for the establishment of an Australasian Court of Appeal", and forwarded to the Imperial Parliament. The legislation was not enacted.

Griffith Court 1903-19

Under the leadership of Samuel Griffith from 5 October 1903, the Court initially consisted of Griffith together with Justices Barton and O'Connor.

In October 1906, the size of the Court was increased from three to five Justices, with Justices Isaacs and Higgins being appointed on 12 October and 13 October respectively.

Justice O'Connor died in 1912, and was replaced on the bench by Justice Gavan Duffy.

Gavan Duffy Court 1931-35

Frank Gavan Duffy led the Court between 22 January 1931 and 1 October 1935.

Further reading

• Graham Fricke, "Gavan Duffy Court", in Blackshield, Coper & Williams (eds) The Oxford Companian to the High Court of Australia (Oxford University Press, 2001) ISBN 0195540220

Mason Court 1987-95

Throughout the period, the membership of the Court was particularly stable. Justices Brennan, Deane, Dawson, Toohey and Gaudron held office throughout the period. The only change to the membership of the Court arose when Justice Wilson retired in February 1989, and was replaced by Justice McHugh.