How many justices sit on the High Court of Australia?

Seven Justices sit on the High Court of Australia, including the Chief Justice. The number has been fixed at seven since 1946, when the High Court Procedure Act was amended to expand the bench from six to seven. Earlier the Court had operated with three, five, and then six Justices since its establishment in 1903.

Justices are appointed by the Governor-General on the advice of the federal government, after consultation with state Attorneys-General as required by section 6 of the High Court of Australia Act 1979. Appointments are typically of senior judges from state supreme courts, federal courts, or distinguished barristers. Justices hold office until the constitutionally mandated retirement age of 70 (set by the 1977 constitutional amendment, before which appointment was for life). Justices can be removed only by an address of both Houses of Parliament for proven misbehaviour or incapacity (under section 72 of the Constitution), a protection that has never been exercised.

The current Justices (as of early 2026) are Chief Justice Stephen Gageler (appointed Chief Justice November 2023, on the Court since 2012), Justice Michelle Gordon (2015), Justice James Edelman (2017), Justice Simon Steward (2020), Justice Jacqueline Gleeson (2021), Justice Jayne Jagot (2022), and Justice Robert Beech-Jones (2023). The current composition is the most gender-balanced in the Court's history, with three of the seven Justices being women.

The Full Court of seven Justices hears major constitutional cases. Benches of five or seven hear other appeals. Single Justices sometimes sit on procedural matters and applications for special leave. Justices typically deliver written judgments after hearings, with majority opinions setting precedent for all Australian courts. The High Court's decisions are binding on all lower courts and on all Australian governments, with amendment only possible through constitutional referendum under section 128 (which requires majority national approval plus majorities in at least four of the six states) or (for non-constitutional matters) through statutory amendment by the relevant Parliament.