Summary heading

Series notes for A10074

Function and purpose

This series documented cases heard before the Full Court of the High Court of Australia that were registered at the Victorian registry from 1903 until the end of 1980.  The Victorian registry was the principal registry between 1903-1973.

The term ‘Full Court’ referred to the number of Justices[i] hearing a case and distinguished this series from Court or Cause case series that were usually heard by a single Justice.  Section 19 of the Judiciary Act (1903) stated that a Full Court was constituted by any two or more Justices of the High Court sitting together.  In High Court practise, 3 or 5 Justices heard appeals from State and Federal courts and all 7 Justices sat as a Full Court for particularly important cases, including all constitutional cases[ii].

From 1974, this series also included Court and Cause cases heard by single Justices.  Full Court and single Justice cases are discussed separately below.

1. Full Court cases

Full Court cases were registered in the Full Court Book.  The Full Court heard and determined two broad categories of cases: appeal cases and cause cases.

·     Appeal cases

The majority of cases in this series come under the appellate jurisdiction of the High Court.  These are cases brought to the High Court to appeal against the judgement of a lower court.  If the appeal was allowed (successful) the decision of the lower court was reversed.  If the appeal was dismissed, the decision of the lower court was affirmed.

The Judiciary Act prescribed a Full Court for appeals from the following:

1. The Full Court of a State Supreme court.  A minimum number of 3 Justices was also prescribed to hear these appeals.
2. A Justice of the High Court exercising the original jurisdiction of the High Court
3. A State Supreme court exercising federal jurisdiction when exercised by a single judge
4. Any other court exercising federal jurisdiction: this included some Magistrate’s courts
5. The Inter-State Commission (established by the Constitution but no longer in existence).

As the Victorian High Court registry recorded this series, most of the appeals came from Victorian courts - predominately the Supreme Court of Victoria. The series also contained appeals from other State Supreme Courts if the case was lodged in Victoria or the Full Court decided to hear the case in Victoria. 

Right of appeal
Until the 1984 amendments to the Judiciary Act, there was a right of appeal to the High Court from the State Supreme courts in civil matters where the monetary or property value involved was significant (£300 in 1903) or where the outcome may affect a person’s status under laws relating to aliens, matrimony, divorce or financial debt. 

Application for special leave to appeal
Apart from those mentioned in the Right of Appeal section above, all other civil cases and all criminal cases, had to submit an application for special leave to appeal to the High Court.  The Judiciary Act stated that applications for special leave to appeal to the High Court could be heard and determined either by a single Justice or by a Full Court.    However, in practice, the Full Court generally heard applications for special leave.  Successful applications were usually those cases with either significant legal issues or with significant irregularities in the way they had been handled by previous courts[iii]

·     Cause cases

These are cases that began in the High Court of Australia because they fell under the original jurisdiction of the High Court.  The Australian Constitution gave the High Court the power to hear and determine all matters:

1. Arising under any treaty
2. Affecting consuls or other representatives of other countries
3. In which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party
4. Between States, or between residents of different States, or between a State and a resident of another State
5. In which a writ of Mandamus[iv] or prohibition or an injunction is sought against an officer of the Commonwealth
   
   

In addition, the Constitution gave parliament the power to make laws conferring original jurisdiction on the High Court in any matter

1. Arising under the Constitution or involving its interpretation
2. Arising under any laws made by the Parliament
3. Of Admiralty and maritime jurisdiction
4. Relating to the same subject matter claimed under the laws of different States.

The Judiciary Act stated that a single Justice of the High Court can refer any case or question to the Full Court and the Full Court will have the power to hear and determine the case or question.  This was the principal route that matters within the original jurisdiction of the High Court reached the Full Court.  It enabled a single Justice to ensure that the Full Court heard legally significant or complex matters and that the Full Court heard all Constitutional matters[v].

2.Single Justice cases – Court and Cause case files

From 1974, single Justice and Full Court cases were recorded in a combined register and were filed together in one record keeping system for each High Court registry.  The type of cases generally heard by a single justice were:

• Actions or Causes initiated by Commonwealth officials to address a non-compliance with federal legislation.  For instance, the Commissioner of Taxation would lodge cases with the High Court in an endless quest for the payment of taxes under federal taxation law. These types of cases are covered by part 3 of Section 75 of the Constitution detailed above in which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party

• Appeals against federal administrative rulings.  For example, appeals by individuals or companies against rulings of the Taxation Board of Review or the Commissioner of Taxation, and appeals against rulings of the Commissioner of Patents and Trade Marks.
• Infringement actions in federal Patents and Trade Marks legislation

·       Applications for removal under section 40 of the Judiciary Act.  This enabled the High Court to remove any constitutional case from other courts to the High Court and to remove pending cases to be heard before a Federal Court or those involving Federal jurisdiction from a State court to the High Court if agreed to by the parties involved and by the pending court

·       Extensions of Federal patent applications

·       Applications under the Federal Life Insurance Act

Once the Federal Court of Australia was established in 1977, its jurisdiction covered most single justice cases concerned with Federal legislation.  These cases would only be heard by the High Court if there were an appeal against the judgement of the Federal Court.  As mentioned above in the Full Court Appeal Cases section, a Full Court of the High Court was prescribed for appeals from courts with Federal jurisdiction.

Contents of case files

Each case file in the series usually had an original paper file cover, coloured light blue or grey, with “In the High Court of Australia” or similar printed at the top.  Underneath this, appeared the record number and the short title (usually Name versus Name – for example, Jones v Smith).  Below this was a printed table of contents, with one column titled “Nature of document”.  The other column provided a printed number for each document, in the order that they were filed.  This number was also written on the document.  Documents within the file displayed the full or long title on their cover page.  This title listed the names of all parties involved in the case.

The first document in appeal cases was usually the Notice of Appeal.  This document identified the previous court case and the grounds for the appeal from the verdict and judgement of that case.  In Cause cases, the first document was often a Writ of Summons. This document was issued by the court and ordered a party to appear to answer a matter that had been lodged for hearing by the court. 

Documents on the case file could include the following:

• Affidavits – a written statement in place of verbal evidence.  The author is called the deponent and has to sign the statement and swear to the truth of its contents
• Exhibits – a document, photograph or other object shown in court and referred to and identified in written evidence
• Judgement and Orders – the decision on proceedings was stated in the judgement or order of the court.  It was based on the reasons for judgement of a majority of Justices.  Where there was a tied vote, an appeal case was dismissed.  In cause cases, the opinion of the Chief Justice or most senior Justice prevails.
• Previous court material – documents from the court or courts from which the appeal was brought – usually the Victorian State Supreme Court for this series. These documents usually included the judgement and reasons for judgement and often the transcript of proceedings as well as any other documents thought relevant
• Reasons for judgement – the reasoning behind the Justices’ position on the case.  This could be a joint statement or individual statements by each Judge, including dissenting judgements.
• Appeal books
  Documents relevant to an appeal case that have been bound into a volume or volumes.  Procedures and requirements for appeal books are stated in the High Court Rules. 

·           Transcripts of Proceedings
The daily record of the oral proceedings in the court. They were first introduced in approximately 1920 and recorded by shorthand.  Tape recordings were introduced in the 1950s from which the official typed transcript was produced.  The transcripts provided a valuable resource and reference for Justices and legal practitioners[vi].  While some case files have transcripts collated with them, most do not.  They are still held by the High Court of Australia Principal Registry.

Please note that many cases will only consist of two or three documents, particularly if the case was withdrawn or quickly resolved.

Related legislation

CONSTITUTION OF AUSTRALIA 1901

• Chapter 3 The Judicature

JUDICIARY ACT 1903

• Section 15 Exercise of jurisdiction
• Section 16 Jurisdiction in chambers
• Section 18 Reference to Full Court
• Section 19 Quorum of a Full Court
• Section 20 Appeals from Judges of federal jurisdiction
• Section 21 Applications for special leave to appeal to High Court  Quorum of Justices on appeals from State Supreme Courts
• Section 30 Original jurisdiction conferred
• Section 34 Appeals from Justices of High Court
• Section 35 Appeal from courts of States
• Section 35A Criteria for granting special leave to appeal
• Section 38 Matters in which jurisdiction of High Court exclusive
• Section 40 Removal of Causes
  
  

Using the series

• RecordSearch
  All case files for this series held by the National Archives of Australia have been entered on RecordSearch, the Archives online database.
  Keywords
  Case files entered on RecordSearch can be retrieved by keyword searches on individual and company names involved in the case.  If the search result retrieves a large number of records, you may then need to refine your search by another name entered in the keyword field or by the series number - A10074 - entered in the reference number field.  The item titles are based on what the High Court called the short title – the title that appeared on the file cover.  Official court documents within the file have the full or long title and these often include extra names associated with the case.  These names have been added to the item titles on RecordSearch.  However, please note that the title field of High Court items on RecordSearch will only include about eight names of parties involved in a case.  If there are more names, these will be listed in the item note.  You can still do keyword searches on these names but they won’t be visible unless you open the item note.
  Reference numbers
  Case files can also be retrieved by reference number searches on the series number and item number (for example, A10074 1940/1).  Please note that case files can have several parts to them or may have appeal books or transcripts.  To ensure you have retrieved every part of the case file, insert an asterisk immediately after your reference number search (for example A10074 1953/17*)
• Access to High Court case records
  Under Section 19 of the Archives Act, the access provisions of the Archives Act do not cover court records unless Regulations have been made.  However, since 1996, the Archives had an agreement with the High Court that enabled the Archives to give access to some records of the High Court, in accordance with Court Rules.  This agreement only applies to records in Archives custody.  Unlike most other records held by the National Archives of Australia, High Court case files are not subject to the closed period of 30 years.  This is because they are records presented in open court, and as such, are open to the public, irrespective of age.  The case files still need to be access examined before they can be opened for public access.  This is to ensure that no material is on the file that was not presented in open court and to identify any suppression orders that require material on the file to remain confidential.

·       Files not found in this series
The five main reasons for High Court case files not being found in this series are:

1.     The case file does not belong to this series.  This High Court series contains Full Court records registered at the Victorian High Court registry between 1903-1980 and Victorian Cause and Court records from 1973.  There are separate series for Victorian Cause (CRS A10075) and Victorian Court records (CRS A10117) for the period 1903-1973.  There are also separate series for High Court case files registered at other State and Territory High Court registries.

2.     The case file does belong to this series but also belongs to another High Court series where it has been filed.  For example, a case file may have been first registered as a Victorian cause case but later referred on to the full court where it was usually registered as a Victorian full court case as well.  Once the case was finished, it could be filed with either the cause records or the full court records.  Where possible, alternative control symbols have been included in item registrations to indicate this recordkeeping relationship and to enable searching on the alternative series and record number.

3.     The case file is not held by the National Archives of Australia.  This may occur if it is still with the High Court State or Territory registry In many of these cases, the Archives will hold a file cover only and the RecordSearch item title will point this out.  If the file cover indicates where the papers have been sent, this will usually be included in the title.  Otherwise, the High Court Principal Registry may be able to identify the file location.

4.     The case file is missing.  Unfortunately, this can happen at any stage in the record keeping process but hopefully, it should be a rare occurrence.  CRS A10183 contains lists of case records that were missing at the time the first consignment of a series was transferred.

5.     File cover only: In many instances, the Archives holds a file cover only and the item title will point this out.  If the file cover indicates where the papers have been sent, this will usually be included in the title or sometimes in the item note.  Otherwise, the High Court Principal Registry may be able to identify the file location via the registers.

 

Physical characteristics

Each case file in the series usually had an original paper file cover, coloured light blue or grey, with “In the High Court of Australia” or similar printed at the top.  Underneath this, appeared the record number and the short title (usually Name versus Name – for example, Jones v Smith).  Below this was a printed table of contents, with one column titled “Nature of document”.  The other column provided a printed number for each document, in the order that they were filed.  This number was also written on each document within the file.  Court documents within the file displayed the full or long title on their cover page.  This title listed the names of all parties involved in the case and further details about the case.

Files in this series can vary from only a few pages to several volumes.  Most files are less than 100 pages. 

Many of the files in this series are still folded in two - this was how the case files were probably carried during the case proceedings, tied up with maroon tape and carried with other case files and documents. 
When a researcher at the National Archives of Australia requests a file, it will usually need to go to the Preservation section first for treatment to unfold the file.

The case files can include plans, photographs and other illustrative material used as exhibits in the case.

System of arrangement and control

Register based record keeping system
Up until 1973-1974, High Court case files were arranged by the location of the register and the type of register. Each registry was meant to have 3 registers for High Court cases and registry staff would enter a case in the appropriate register:

1.     The Cause Book registered single justice court cases that were actions initiated in the High Court under its original jurisdiction.

2.     The Court Book registered single justice court cases that were mainly appeals or applications for revisions or extensions to the findings of Commonwealth officials.

3.     The Full Court Book registered court cases to be heard by more than one justice.  They included the most significant cases including appeals from the state supreme courts and all constitutional cases

For Victorian records up till 1973, and NSW records 1973-1980, the registers were identified by their Principal Registry status rather than their location.  Either during 1973 or at the commencement of 1974, most High Court registries ended the practise of having separate Full Court, Court and Cause registers.  They commenced a combined register that recorded all case files.  Accordingly, one new series registration has been created for each State registry to follow on from the 3 previous series.  However, Victorian records varied from this pattern:

1. 1973-1980 Victorian records registered in CRS A10074
   All 1973-1980 Victorian records (Court, Cause and Full Court) had been filed with the Full Court records in the High Court in Canberra and they were all transferred together to the Archives and registered as part of this series - the existing Full Court series (CRS A10074
2. New Victorian series from 1981
   The new series for all Victorian records (CRS A12072) commenced from 1981.

Control symbols
The recordkeeping system of the High Court registry controlled case files via an annual number system with the year as a suffix.  However, most records transferred to the Archives in 2003 and 2004 have been entered into the Archives online database with the year as a prefix.  This was mainly because items transferred in by previous projects had been entered in this way and there was a need to maintain consistency within the series.

Case files with multiple items
Where the case file consisted of several items, the control symbol will be the annual single number plus a suffix.  For example, the tenth case file of 1952 has the control symbol of 1952/10 and the control symbol for its appeal book is 1952/10 APPEAL BOOK

File cover citations
File covers in the series often cite records in other High Court series.  There are several reasons for this:

1. Cases were usually lodged in the home state of the instigator of the court action but the High Court may have heard the case in a different state.  The case would usually be allocated a record number in the Full Court Register of both State registries
2. A case may have commenced before a single High Court justice and been allocated a record number in either the cause register or court register.  However, the judge may have then referred it to the full court if they believed the case was significant enough to be heard by more than one justice.  The case would then be allocated a record number in the full court register.
3. A single High Court judge may have heard a case and at a later date, participants appeal to the Full Court.

For 1 & 2, the alternative record numbers will usually be identified on RecordSearch as alternative control symbols.  Where the file cover does not clearly identify the alternative record number, the file reference was included as an item note.
For 3, the file reference was included as an item note.

Relationships with other records

• Control records
  The control record for this series was the Victorian Full Court book or register (multiple volumes) and from 1973, the Victorian Court Book and Course Book.  All of these registers are still held by the Principal Registry of the High Court of Australia in Canberra as at 8 December 2005.  They also hold a card index (incomplete) that can be searched by names of parties involved in the case.
• Transcripts
  As mentioned in Contents sub-section above, most transcripts are still held by the High Court Principal Registry.  They are apparently fairly complete from 1952 and stored in date order.  Case files in this series may include copies of transcripts but another copy should be held in the relevant transcript series.
• Series links
  These can be accessed from the series registration page.  They display the relationship of other registered series with this series.

Custodial history

• Centralisation of High Court archives in Canberra
  Prior to 1980, each State Registry retained its own files, including the case files and registers.  When the principal registry moved to Canberra in 1980, the archives of the NSW and Victorian registries were also moved there.  The archives of other State registries were moved in 1981.
• Appeal books
  Appeal Books for High Court cases were originally filed separately from the case file.  Prior to the 2004 transfer of records to the National Archives of Australia, the principal registry of the High Court had begun collating the appeal books with their case file. 
  
  
  

Series history

• 1903-1930 records
  Archives staff rehoused these records in acid free folders and containers and transferred them from the High Court in 1996 and 1997.  They were entered on the existing Archives’ database and then migrated to RecordSearch in 1999.  During 2005, item titles were made consistent with later records.  This included the addition of all names of individuals and companies connected with each case.

• High Court Project
  As part of the High Court of Australia Centenary in 2003, the High Court provided funding for a project to transfer to the National Archives of Australia all case files dated 1931-1980.  The case records for series CRS A10074 were used as a pilot project.  The pilot project commenced in December 2003 and was completed in early February 2004.  The project rehoused the records in acid free folders and containers to enhance the long-term preservation of the files.  The project also entered all case files as items in the National Archives’ online database, RecordSearch.  Case files dated 1903-1930 have already been rehoused and entered on RecordSearch by a previous project. 

Sources

Australian Government, Attorney General’s Department, SCALEplus – Law Resource, Commonwealth of Australia 2004, published online at http://scaleplus.law.gov.au/

Blackshield, A R, Coper M, & Williams, G (eds) The Oxford Companion to the High Court of Australia, Oxford University Press, 2001

Marantelli, S & Tikotin, C, The Australian Legal Dictionary, (2^nd ed.) Edward Arnold Australia, 1985

Quick, Sir John & Groom, Littleton E, The Judicial Power of the Commonwealth with the Practice and Procedure of the High Court, Charles F Maxwell, 1904

Endnotes

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[i] Justice is the title for judges of superior courts including the High Court of Australia and the State Supreme Courts.  In transcripts of cases, the ‘J’ after a surname only refers to justices, not judges of lower courts.  For example, Murphy J:  This is read as Mr Justice Murphy.

[ii] Blackshield, A R, Coper M, & Williams, G (eds) The Oxford Companion to the High Court of Australia, Oxford University Press, 2001, pp 287-288

[iii]Blackshield et al, p. 288 & p. 426

[iv] Where a public authority is requested to perform its public duty but the request is refused, an Order or Writ of Mandamus can be obtained from a superior court compelling the authority to perform its duty.

[v]Blackshield, A R, Coper M, & Williams, G (eds) The Oxford Companion to the High Court of Australia, Oxford University Press, 2001, pp 287-288