Judiciary Act 1903 (Cth)

Judiciary Act 1903

No. 6, 1903

Compilation No. 51

Compilation date: 11 December 2024

Includes amendments: Act No. 115, 2024

About this compilation

This compilation

This is a compilation of the Judiciary Act 1903 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part I—Preliminary 1 Short title 2 Interpretation 3A Extension to Territories Part III—Jurisdiction and powers of the High Court generally Division 1—Exercise of jurisdiction 15 Exercise of jurisdiction Division 2—Jurisdiction of single Justice 16 Jurisdiction other than in open court 17 State Supreme Courts invested with jurisdiction other than in open court 18 Reference to Full Court Division 3—Full Court 19 Quorum of a Full Court 20 Appeals from Judges of federal jurisdiction 21 Applications for special leave to appeal to High Court 22 Quorum for granting leave to appeal to the Queen in Council or to High Court 23 Decision in case of difference of opinion Division 4—Enforcement of process 24 Contempt 25 Powers of court to extend to whole Commonwealth Division 4A—Summary judgment 25A Summary judgment Division 5—Costs 26 Costs 27 No appeal as to costs Division 6—Defendants 28 Non‑appearance of some defendants 29 Absent defendants Part IV—Original jurisdiction of the High Court 30 Original jurisdiction conferred 31 Judgment and execution 32 Complete relief to be granted 33 Mandamus Prohibition Ouster of office 33A Awards may be made Rules of Court Part V—Appellate jurisdiction of the High Court Division 1—Appeals 34 Appeals from Justices of High Court 35 Appeal from courts of States 35AA Appeals from Supreme Court of a Territory 35A Criteria for granting special leave to appeal Division 2—Power of Court 36 New Trials 37 Form of judgment on appeal Part VI—Exclusive and invested jurisdiction 38 Matters in which jurisdiction of High Court exclusive 39 Federal jurisdiction of State Courts in other matters 39A Federal jurisdiction invested in State Courts by other provisions 39B Original jurisdiction of Federal Court of Australia Part VII—Removal of causes 40 Removal by order of the High Court 41 Proceedings after removal 42 Remittal of causes 43 Effect of interlocutory orders etc. before removal of cause 44 Remittal of matters by High Court to other courts 45 Defence in causes removed to High Court Part VIII—Enforcement of certain orders concerning court proceedings 46 Interpretation 47 Application 48 Crown to be bound 49 Contravention of order to constitute contempt 50 Reports 51 Application of this Part Part VIIIA—Legal practitioners 55A Right of barristers and solicitors admitted in federal courts to practise in those courts 55B Right to practise as barrister or solicitor in federal courts and courts exercising federal jurisdiction 55C Register of Practitioners 55E Attorney‑General's lawyers 55F Attorney‑General's lawyer may act for more than one party 55G Commonwealth may charge for services of Attorney‑General's lawyer 55H Lawyers employed by a State, the Australian Capital Territory or the Northern Territory Part VIIIB—The Australian Government Solicitor Division 1—Definitions 55I Definitions Division 2—Identity and activity of the Australian Government Solicitor 55J The Australian Government Solicitor 55N Persons and bodies for whom the AGS may provide services 55P AGS may charge for services Division 3—Capacity of AGS and AGS lawyers to act 55Q AGS lawyers 55R AGS may act for more than one party Part VIIIC—Attorney‑General's Legal Services Directions 55ZF Attorney‑General may issue directions 55ZG Compliance with Legal Services Directions 55ZH Legal Services Directions and legal professional privilege 55ZI Anything done under Legal Services Directions not actionable Part IX—Suits by and against the Commonwealth and the States 56 Suits against the Commonwealth 57 Suits by a State against the Commonwealth 58 Suits against a State in matters of federal jurisdiction 59 Suits between States 60 Injunction against a State and its officers 61 Suits by Commonwealth 62 Suits by a State 63 Service of process when Commonwealth or State is party 64 Rights of parties 65 No execution against Commonwealth or a State 66 Performance by Commonwealth or State 67 Execution by Commonwealth or State Part IXA—Suits relating to the Northern Territory 67A Interpretation 67B Suits between Commonwealth and Northern Territory 67C Jurisdiction of Supreme Court of Territory 67D Prosecution of indictable offences in Supreme Court of Territory 67E No execution against Territory 67F Effect of this Part Part X—Criminal jurisdiction Division 1A—Criminal jurisdiction of the Federal Court of Australia 67G Criminal jurisdiction of the Federal Court of Australia Division 1—Application of laws 68 Jurisdiction of State and Territory courts in criminal cases 68A Committals jurisdiction if both Federal Court of Australia and State or Territory court have jurisdiction in relation to indictable offence 68B Application of State and Territory laws if Federal Court of Australia and State or Territory court both have jurisdiction in relation to an offence 68C Adjustments to State and Territory laws applying to indictable primary proceedings before Federal Court of Australia 68D Adjustments to State and Territory laws applying to proceedings for related summary offences before Federal Court of Australia Division 2—Indictable offences 69 Indictments 70 Offences committed in several States 70A Indictable offence not committed in a State 71 Discharge of persons committed for trial 71A Trial of indictable offence without preliminary examination Division 3—Appeals 72 Reservation of points of law 73 Hearing 74 Effect of order of Full Court 75 Certain errors not to avoid conviction 76 Appeal from arrest of judgment 77 No other appeal Part XA—Procedure of the High Court Division 1—Trials 77A Trial without jury 77B Power of High Court to direct trial with jury 77C Trial of an issue and new trials 77D Juries Division 2—Evidence 77E Production of books 77F Oaths and affirmations 77G Orders and commissions for examination of witnesses 77H Oral and affidavit evidence Division 3—Defects and errors 77J Amendment 77K Formal defects not to invalidate Division 4—Reserved judgments 77L Reserved judgments Division 5—Judgment and execution 77M Enforcement of judgments 77MA Interest up to judgment 77N Interest on judgment debts 77P Interpleader 77Q Discharge of property taken in execution Division 6—Receivers and managers 77R Receivers and managers Part XAA—Suppression and non‑publication orders Division 1—Preliminary 77RA Definitions 77RB Powers of High Court not affected 77RC Other laws not affected Division 2—Suppression and non‑publication orders 77RD Safeguarding public interest in open justice 77RE Power to make orders 77RF Grounds for making an order 77RG Procedure for making an order 77RH Interim orders 77RI Duration of orders 77RJ Exception for court officials 77RK Contravention of order Part XAB—Vexatious proceedings Division 1—Preliminary 77RL Definitions 77RM Powers of the High Court not affected Division 2—Vexatious proceedings orders 77RN Making vexatious proceedings orders 77RO Notification of vexatious proceedings orders Division 3—Particular consequences of vexatious proceedings orders 77RP Proceedings in contravention of vexatious proceedings order 77RQ Application for leave to institute proceedings 77RR Dismissing application for leave 77RS Granting application for leave Part XB—Appeals to the High Court Division 1—Security 77S Security Division 2—Procedure 77T Institution of appeals 77U Stay of proceedings 77V Death of party to an appeal Part XI—Supplementary provisions Division 1—Appearance of Parties 78 Appearance of parties Division 1A—Provisions relating to Constitutional matters 78AA State includes Australian Capital Territory and Northern Territory 78A Intervention by Attorneys‑General 78B Notice to Attorneys‑General Division 2—Application of laws 79 State or Territory laws to govern where applicable 80 Common law to govern 80A Application of sections 79 and 80 to Territory courts 81 Security of the peace and for good behaviour Division 3—Venue 82 Venue in suits for penalties 83 Venue in suits for taxes 84 Venue in suits for forfeiture 85 Property seized as forfeited Division 4—Rules of Court 86 Rules of Court 88 Regulations The Schedule Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Miscellaneous