How is a high court judge chosen?

Hi Maddy! The Australian Constitution gives the Governor-General the power to appoint High Court of Australia judges. The Governor-General does this on the advice of the Australian Government.

In practice, the Prime Minister—on the recommendation of the Attorney-General (the minister responsible for legal issues) and Cabinet—chooses the person to be appointed. The Attorney-General consults with the attorneys-general of state governments, and with senior judges and lawyers before a decision is made.

There are no qualifications for High Court judges other than that they must be under the compulsory retirement age of 70 (section 72 of the Constitution). It is usual for High Court judges to have had long and distinguished legal careers before they are appointed. 

The High Court of Australia during a session, with judges at an elevated curved bench and lawyers seated below.

The High Court of Australia

DPS Auspic

The High Court of Australia

The High Court of Australia during a session, with judges at an elevated curved bench and lawyers seated below.

DPS Auspic

Description

The High Court of Australia in session in the High Court building in Canberra. The High Court interprets and applies Australian law and decides cases about national issues, including challenges related to the Australian Constitution.

In the courtroom, the 7 High Court Justices sit along a large semi-circular desk atop a small raise at the end of the room. The Justices preside over High Court proceedings, interpret laws and decide major legal cases.

In front, facing them, is another curved desk. Here, 18 barristers are sitting, most are wearing robes and wigs. A barrister is a type of lawyer who speaks on behalf of people or organisations in the courtroom. They present arguments and answer questions posed by the Justices.