Role and Jurisdiction of the High Court

These flashcards cover key concepts related to the High Court's role and jurisdiction, significant court cases, and important legal terms.

High Court

The highest court in Australia, which decides on constitutional interpretation, hears appeals from state and territory supreme courts, and resolves disputes between states.

Federal Courts

Courts in Australia that include the High Court, the Federal Circuit and Family Court, and the Federal Court.

Native Title

A legal recognition that Indigenous Australians have rights to their land based on the continuous relationship with it, established by the Mabo decision.

Terra Nullius

The legal notion that Australia was unoccupied before European colonisation, which was abolished by the Mabo v Queensland (No. 2) case.

Convention on the Rights of the Child

An international treaty ratified by Australia, which the High Court considered in the case of Minister of State for Immigration and Ethnic Affairs v Ah Hin Teoh.

Eddie Mabo

A key figure in the landmark High Court case that led to the recognition of Indigenous land rights in Australia.

Native Title Act 1993

Legislation passed to create a national system for establishing and protecting Native Title in Australia.

Wik Peoples vs Queensland

A case that expanded the Native Title precedent, ruling that Native Title could coexist with statutory pastoral leases.

Legitimate Expectation

The principle that government decision-makers may have a duty to consider treaty obligations when making decisions, as established in the Teoh case.

Controversial Decision

A decision that provokes disagreement or criticism, such as the recognition of treaty provisions in Australian law in the Teoh case.