Re The Judiciary Act 1903-1920 [1923] HCA 68

Re The Judiciary Act 1903-1920 [1923] HCA 68

The statement that sections 73 and 74 of the Constitution deal with the appellate power of the High Court does not support the proposition that section 74 does not apply to decisions of the High Court in original jurisdiction.

Jurisdiction
Australia
Judgment Date
06 December 1923
Legal Topics
High Court Jurisdiction, Appellate Power, Interpretation of Constitution S 73 and 74
Constitutional Law High Court Jurisdiction Appellate Power Interpretation of Constitution S 73 and 74

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Legal Issues

  1. 1 Does section 74 of the Constitution apply to decisions of the High Court in its original jurisdiction?
  2. 2 Interpretation of statements in previous High Court decisions regarding appellate power

Ratio Decidendi

The statement that sections 73 and 74 of the Constitution deal with the appellate power of the High Court does not support the proposition that section 74 does not apply to decisions of the High Court in original jurisdiction.