
The High Court of Australia was created with Federation in 1901, by section 71 of the Constitution. It is both the highest court of appeal in Australia and the body responsible for determining the meaning and powers of the Constitution.
Alfred Deakin, later Australia's second prime minister, introduced a Bill to establish the High Court in 1903. The Judiciary Act was passed that year and the High Court opened officially in Melbourne on 6 October. There were initially three judges – Sir Edmund Barton, Sir Samuel Griffiths and Richard O'Connor.
Since 1946, the High Court bench has been made up of seven Justices. The photograph shows the full bench of the High Court in 1987 in the High Court building in Canberra.
Part of the National Archives exhibition Memory of a Nation highlights the importance and history of the High Court. There you can find out how High Court Justices have interpreted the Constitution in three landmark cases, including the Communist Party case from 1951. You can also get a sense of the changing character of the court under different Chief Justices.
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