The key difference between the high court and supreme court in Australia is that the Australian High Court is the highest court in the Australian judicial system, and it is where constitutional cases are heard, while the Supreme Court is the highest court within each state.
The Australian judicial system may be confusing to some, yet it is extremely useful in ensuring that everyone receives justice. The high court and supreme court are both different types of courts with the court hierarchy.
CONTENTS
1. Overview and Key Difference
2. What is High Court in Australia
3. What is Supreme Court in Australia
4. High Court vs Supreme Court in Australia in Tabular Form
5. Summary – High Court vs Supreme Court in Australia
What is High Court in Australia?
The high court of Australia is a federal court, and it is the highest court within Australia’s court hierarchy. The predominant function of the High Court is to interpret and apply the laws within the Australian constitution and to decide cases that challenge the constitutional laws. The high court also hears serious appeals that have been passed on from various state courts. Cases in the high court are heard by seven justices, one chief justice, and six other justices.
Figure 01: The High Court of Australia
The Australian High Court is located in Canberra, Australia’s capital city. Three courtrooms, justices’ chambers, the main registry, a library, and corporate services facilities are all located within the high court.
What is Supreme Court in Australia?
The supreme court is the apex court within each individual state or territory. This means that there is a supreme court building located in each of the six states and the two territories. A supreme court is divided into two different divisions: the trial division and the court of appeal.
Figure 02: Supreme Court of NSW
The trial division hears civil disputes amongst individuals or corporations involving amounts above $750,000. In addition, it also hears serious criminal offenses such as murder, manslaughter, and drug offenses. The trial division is made up of a jury of 12 ordinary persons who work together to reach a unanimous verdict on whether or not the defendant is guilty. The court of appeal hears cases that have been heard in the lower courts but have been appealed and sent to the Supreme court.
What is the Difference Between the High Court and Supreme Court in Australia?
Both these courts hear a variety of cases to reach justice within the nation of Australia. However, there is a distinct difference between the high court and supreme court in Australia.
The key difference between the high court and supreme court in Australia is that the high court of Australia is the highest court in the country, and its main function is to interpret and apply the constitutional laws of Australia to decide special cases. On the other hand, the supreme court is only the highest court in an individual state or territory and deals with serious criminal offenses as well as civil disputes involving amounts above $750,000. Moreover, there is only one High Court, which is located in the capital city Canberra, whereas there are eight supreme courts, one in each of the six states and two territories.
The below infographic presents the differences between the high court and supreme court in Australia in tabular form for side by side comparison.
Summary – High Court vs Supreme Court in Australia
The high court of Australia and a supreme court both serve justice by fairly hearing a variety of cases. The key difference between the high court and supreme court in Australia is that the High Court of Australia is the highest court in the country, and its main job is to interpret and apply the laws of the constitution, while the supreme court is the highest court in a single state or territory, and it hears major criminal cases as well as civil disputes involving sums above $750,000.
Image Courtesy:
1. “High Court of Australia (6769096715)” By Alex Proimos from Sydney, Australia – High Court of Australia (CC BY 2.0) via Commons Wikimedia
2. “Supreme court NSW” By Enoch Lau – Self-published work by Enochlau, originally uploaded as 100_0620.JPG (CC BY-SA 3.0) via Commons Wikimedia