Chapter III: The Judicature

71. The judicial power of the Commonwealth shall be vested in
a Federal Supreme Court, to be called the High Court of
Australia, and in such other federal courts as the Parliament
creates, and in such other courts as it invests with federal
jurisdiction. The High Court shall consist of a Chief Justice,
and so many other Justices, not less than two, as the
Parliament prescribes.

72. The Justices of the High Court and of the other courts
created by the Parliament—

(i.) Shall be appointed by the Governor-General in Council:

(ii.) Shall not be removed except by the Governor-General in
Council, on an address from both Houses of the Parliament in
the same session, praying for such removal on the ground of
proved misbehaviour or incapacity:

(iii.) Shall receive such remuneration as the Parliament may
fix; but the remuneration shall not be diminished during their
continuance in office.

73. The High Court shall have jurisdiction, with such
exceptions and subject to such regulations as the Parliament
prescribes, to hear and determine appeals from all judgments,
decrees, orders, and sentences—

(i.) Of any Justice or Justices exercising the original
jurisdiction of the High Court:

(ii.) Of any other federal court, or court exercising federal
jurisdiction; or of the Supreme Court of any State, or of any
other court of any State from which at the establishment of
the Commonwealth an appeal lies to the Queen in Council:

(iii.) Of the Inter-State Commission, but as to questions of
law only: and the judgment of the High Court in all such cases
shall be final and conclusive. But no exception or regulation
prescribed by the Parliament shall prevent the High Court from
hearing and determining any appeal from the Supreme Court of a
State in any matter in which at the establishment of the
Commonwealth an appeal lies from such Supreme Court to the
Queen in Council. Until the Parliament otherwise provides, the
conditions of and restrictions on appeals to the Queen in
Council from the Supreme Courts of the several States shall be
applicable to appeals from them to the High Court.

74. No appeal shall be permitted to the Queen in Council from
a decision of the High Court upon any question, howsoever
arising, as to the limits inter se of the Constitutional
powers of the Commonwealth and those of any State or States,
or as to the limits inter se of the Constitutional powers of
any two or more States, unless the High Court shall certify
that the question is one which ought to be determined by Her
Majesty in Council. The High Court may so certify if satisfied
that for any special reason the certificate should be granted,
and thereupon an appeal shall lie to Her Majesty in Council on
the question without further leave. Except as provided in this
section, this Constitution shall not impair any right which
the Queen may be pleased to exercise by virtue of Her Royal
prerogative to grant special leave of appeal from the High
Court to Her Majesty in Council. The Parliament may make laws
limiting the matters in which such leave may be asked, but
proposed laws containing any such limitation shall be reserved
by the Governor-General for Her Majesty's pleasure.

75. In all matters—

(i.) Arising under any treaty:

(ii.) Affecting consuls or other representatives of other
countries:

(iii.) In which the Commonwealth, or a person suing or being
sued on behalf of the Commonwealth, is a party:

(iv.) Between States, or between residents of different
States, or between a State and a resident of another State:

(v.) In which a writ of Mandamus or prohibition or an
injunction is sought against an officer of the Commonwealth:
the High Court shall have original jurisdiction.

76. The Parliament may make laws conferring original
jurisdiction on the High Court in any matter—

(i.) Arising under this Constitution, or involving its
interpretation:

(ii.) Arising under any laws made by the Parliament:

(iii.) Of Admiralty and maritime jurisdiction:

(iv.) Relating to the same subject-matter claimed under the
laws of different States.

77. With respect to any of the matters mentioned in the last
two sections the Parliament may make laws—

(i.) Defining the jurisdiction of any federal court other than
the High Court:

(ii.) Defining the extent to which the jurisdiction of any
federal court shall be exclusive of that which belongs to or
is invested in the courts of the States:

(iii.) Investing any court of a State with federal
jurisdiction.

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78. The Parliament may make laws conferring rights to proceed
against the Commonwealth or a State in respect of matters
within the limits of the judicial power.

79. The federal jurisdiction of any court may be exercised by
such number of judges as the Parliament prescribes.

80. The trial on indictment of any offence against any law of
the Commonwealth shall be by jury, and every such trial shall
be held in the State where the offence was committed, and if
the offence was not committed within any State the trial shall
be held at such place or places as the Parliament prescribes.