Burns v Corbett: Federal Jurisdiction, State Tribunals and Chapter III Courts

Abstract

This case note examines the effect of the High Court of Australia decision in Burns v Corbett in which a majority of the Court identified an implied limitation in the Australian Constitution that prevents state legislatures from vesting state tribunals with jurisdiction to hear ‘federal matters’. In this case note, I seek to highlight the practical and doctrinal impact of this decision on state adjudicative systems. In particular, I examine states’ responses to the decision, as well as contemporary guidance on an issue that is central to the limitation — the identification of s 77(iii) courts.