Australian Constitution

2010

Kirk v Industrial Court of NSW

High Court of Australia(2010) 239 CLR 531

Key Principle

State Supreme Courts possess a constitutionally entrenched minimum jurisdiction to review jurisdictional errors of inferior courts and tribunals

The Court unanimously held that just as the Commonwealth Parliament cannot strip the High Court of jurisdiction to review federal jurisdictional errors (per Plaintiff S157), State Parliaments cannot strip their Supreme Courts of supervisory jurisdiction over jurisdictional errors of inferior courts and tribunals. This constitutionalised judicial review at the State level and was described as breathing new life into the Kable principle.

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