The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law.
The large number of courts in Australia have different procedural powers and characteristics, different jurisdictional limits, different remedial powers and different cost structures.
The states and territories are the national subdivisions and second level of government of Australia. The states are partially sovereign, administrative divisions that are self-governing polities, having ceded some sovereign rights to the federal government. They have their own constitutions, legislatures, executive governments, judiciaries and law enforcement agencies that administer and deliver public policies and programs. Territories can be autonomous and administer local policies and programs much like the states in practice, but are still legally subordinate to the federal government.
Australia has six federated states: New South Wales (including Lord Howe Island), Queensland, South Australia, Tasmania (including Macquarie Island), Victoria, and Western Australia. Australia also has ten federal territories, out of which three are internal territories: the Australian Capital Territory, the Jervis Bay Territory, and the Northern Territory on the Australian mainland; and seven are external territories: the Ashmore and Cartier Islands, the Australian Antarctic Territory, Christmas Island, the Cocos (Keeling) Islands, the Coral Sea Islands, Heard Island and McDonald Islands, and Norfolk Island that are offshore dependent territories. Every state and internal territory (except the Jervis Bay Territory) is self-governing with its own independent executive government, legislature, and judicial system, while the rest only have local government status overseen by federal departments.
A lower court or inferior court is a court from which an appeal may be taken, usually referring to courts other than supreme court. In relation to an appeal from one court to another, the lower court is the court whose decision is being reviewed, which may be the original trial court or some of appellate court lower in rank than the supreme court which is hearing the appeal. In other words, lower courts are 'lower' in hierarchical chain of appellate procedure than other higher appellate courts. Usually it is obligation of a lower court to follow the decision of higher appellate court, even in civil law countries where precedents have no binding power.
Some common law countries use term "lower court" or "inferior court" as antonym for "superior court", meaning such lower courts have only limited jurisdiction according to importance of case (usually decided by monetary amount of claims). For information on this kind of courts, see Small claims court and superior court.
The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia. It is a written constitution, which establishes the country as a federation under a constitutional monarchy governed with a parliamentary system. Its eight chapters set down the structure and powers of the three constituent parts of the federal level of government: the Parliament, the Executive Government and the Judicature.
The Constitution was drafted between 1891 and 1898 at a series of conventions conducted by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria, Queensland, Western Australia, South Australia and Tasmania. This final draft was then approved by each state in a series of referendums from 1898 to 1900. The agreed constitution was transmitted to London where, after some minor modifications, it was enacted as section 9 of the Commonwealth of Australia Constitution Act 1900, an act of the Parliament of the United Kingdom. It came into effect on 1 January 1901, at which point the six colonies became states within the new Commonwealth of Australia.
The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are substantially derived from that of the English legal system, which superseded Indigenous Australian customary law during colonisation. Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the states and territories.
The Australian Constitution sets out a federal system of government. There exists a national legislature, with a power to pass laws of overriding force on a number of express topics. The states are separate jurisdictions with their own system of courts and parliaments, and are vested with plenary power. Some Australian territories such as the Northern Territory and the Australian Capital Territory have been granted a regional legislature by the Commonwealth.
In Australian constitutional law, chapter III courts are courts of law which are a part of the Australian federal judiciary and thus are able to discharge Commonwealth judicial power. They are so named because the prescribed features of these courts are contained in chapter III of the Australian Constitution.