The Chapter III courts: The evolution of Australia's federal judiciary

Abstract

Under Chapter III of the Australian Constitution, Parliament has created a series of federal courts, the functions of which are to adjudicate claims through the application of federal and State laws. The authors chronicle the establishment, powers and jurisdiction of these courts. The article examines the original and appellate jurisdiction of the High Court of Australia, appraising the court's role as arbiter of the Constitution. There follow studies of the three federal curia that have done so much to shape the country's public and private laws: the federal labour courts, in particular, the Industrial Relations Court of Australia which began operations in 1994; the Federal Court of Australia which, in the space of 20 years, has become the second most powerful court in the land; and the Family Court of Australia–the federal court that impacts directly upon more Australian lives than any other Chapter III body. The article concludes with some observations on the future of the federal courts.