What is the judicial government?

The judicial branch of Australian government is the system of courts that interpret and apply the law, resolve disputes between parties, and ensure that government acts within the law. The judicial branch is independent of the legislature and the executive, with constitutional protections for judges that secure their independence from political pressure.

The federal court system comprises the High Court of Australia, the Federal Court of Australia, and the Federal Circuit and Family Court of Australia. The High Court (seven Justices, led by Chief Justice Stephen Gageler) is the final court of appeal and the interpreter of the Constitution. The Federal Court handles civil matters in federal jurisdiction including commercial, intellectual property, competition, immigration, industrial, native title, and many others. The Federal Circuit and Family Court (created in 2021 by merging the previous Federal Circuit Court and Family Court) handles family law, child support, migration review, fair work, and many summary matters.

State and territory court systems operate in parallel. Each state has a Supreme Court at the top (with a Court of Appeal division), with intermediate District or County Courts in the larger states, and Magistrates' or Local Courts at the bottom. Specialist courts include Children's Courts, Coroners' Courts, and (in some states) Drug Courts and Koori Courts. State civil and administrative tribunals (NCAT, VCAT, QCAT, and equivalents) handle residential tenancy, consumer, guardianship, and administrative review matters in less formal settings.

Judicial independence is constitutionally protected. Federal judges under section 72 of the Constitution can be removed only by an address of both Houses of Parliament for proven misbehaviour or incapacity. State and territory judges have similar protections. Salaries cannot be reduced during their term. Judges are appointed by the Governor-General (or relevant state Governor) on government advice, but operate independently in deciding cases. The Guide to Judicial Conduct, adopted by the Council of Chief Justices, sets out expectations about impartiality, integrity, and appearance of bias. The judicial branch is essential to the rule of law and the protection of individual rights against improper government action. Together the federal and state court systems handle millions of matters each year, from minor criminal cases to major constitutional disputes.