Territory Courts and Federal Jurisdiction

Abstract

This article aims to offer a coherent approach to the application of Ch III of the Commonwealth Constitution to the Australian territories. It advocates, and explores the implications of, an approach which sees territory courts as among the “other courts” which may be vested with federal jurisdiction, contemplated by s 71 of the Constitution. The article considers the Australian judicial system and the importance of the High Court’s role in unifying the Australian States and territories, the appellate jurisdiction of the High Court under s 73 of the Constitution, the extent to which, and basis upon which, the courts of a territory exercise federal jurisdiction, and the consequences for the powers of territory courts and other courts in relation to the territories of an approach which regards all "territory jurisdiction" as "federal jurisdiction".

Keywords: Australian Constitutional Law, territories, federal jurisdiction, appeals, territory courts, Australian Constitution s 122, Ch III