Key defined terms in section 2 include Appeal, which encompasses applications for new trial and proceedings to review jurisdiction. Cause includes suits and criminal proceedings. Matter includes proceedings between parties or not and incidental proceedings. Judgment includes decrees, orders and sentences. Related summary offence is defined in section 67G(3). Jurisdiction concepts distinguish original jurisdiction under section 30, which covers matters arising under the Constitution or involving its interpretation, and trials of indictable Commonwealth offences, from appellate jurisdiction under sections 34 to 35, including special leave under section 35A requiring consideration of public importance or administration of justice. Exclusive jurisdiction under section 38 covers treaty matters, inter-State suits, Commonwealth-State suits, and mandamus or prohibition against Commonwealth officers. Invested jurisdiction under section 39 confers federal jurisdiction on State courts except in section 38 matters, subject to conditions including no appeal to Her Majesty in Council. Removal under section 40(1) applies to constitutional causes on party application for sufficient cause or Attorney-General application as of course. Section 40(2) applies to non-constitutional causes in federal or Territory courts or federal jurisdiction matters in State courts, subject to consent or public interest assessment under section 40(4). Criminal jurisdiction concepts include application of State and Territory laws under section 68(1) to (2) for arrest, committal, trial and appeals, with adjustments for Federal Court proceedings via choice-of-law tables in sections 68C(5) and 68D(2). Suits against the Commonwealth under section 56 may be brought in the High Court or competent State or Territory courts. Legal Services Directions under section 55ZF apply to Commonwealth legal work, with compliance obligations in section 55ZG.
Core concepts include the court’s duty under section 78B(1) not to proceed in a cause involving a matter arising under the Constitution or involving its interpretation until notice has been given to the Attorneys-General of the Commonwealth and the States and a reasonable time has elapsed for intervention or removal. Section 37 permits the High Court in its appellate jurisdiction to affirm, reverse or modify the judgment appealed from, give such judgment as ought to have been given in the first instance, award execution or remit the cause. Section 39B confers original jurisdiction on the Federal Court in matters seeking mandamus, prohibition or injunction against a Commonwealth officer, matters where the Commonwealth seeks an injunction or declaration, matters arising under the Constitution or involving its interpretation, and matters arising under laws made by the Parliament other than criminal prosecutions, subject to exclusions in subsections (1B) to (1EA) for prosecution decisions. Removal under section 40 allows the High Court to remove any cause or part arising under the Constitution or involving its interpretation on application by a party or as of course on application by the Commonwealth, State, Australian Capital Territory or Northern Territory Attorney-General. Part VIIIA entitles persons admitted under rules made pursuant to paragraph 86(ga) to practise in federal courts and confers like entitlement on persons entitled to practise in a State or Territory Supreme Court, subject to registration in the Register of Practitioners kept under section 55C. Part VIIIB authorises the Australian Government Solicitor to provide legal services to the Commonwealth, Ministers, bodies established by Commonwealth or Territory law, officers, employees, Defence Force members, certain companies and former such persons, and to States on request from the State executive government. Part IX permits suits against the Commonwealth in contract or tort in the High Court or the Supreme Court or other competent court of the State or Territory where the claim arose, suits by a State against the Commonwealth in the High Court, suits against a State in federal jurisdiction matters in the State Supreme Court or High Court, and suits between States in the High Court, with rights of parties and judgments to be as nearly as possible the same as in suits between subject and subject under section 64. Part X applies State or Territory laws respecting arrest, custody, summary conviction, committal, trial, appeals and bail to persons charged with Commonwealth offences under section 68(1). It invests State and Territory courts with like jurisdiction under section 68(2). It confers jurisdiction on the Federal Court for related summary offences and specified indictable offences under the Criminal Code under section 67G. Part XAB defines vexatious proceeding to include abuse of process, proceedings instituted to harass, annoy, cause delay or detriment or for another wrongful purpose, proceedings instituted or pursued without reasonable ground, and proceedings conducted in a harassing, annoying, delaying or detrimental manner. It empowers the High Court to make vexatious proceedings orders staying or dismissing proceedings or prohibiting institution of proceedings. Section 79 binds the laws of each State or Territory, including procedure, evidence and competency of witnesses, on all courts exercising federal jurisdiction in that State or Territory in all cases to which they are applicable, except as otherwise provided by the Constitution or Commonwealth laws, with deemed location of federal jurisdiction under subsection (1A).