This chapter examines the scope of federal judicial power. Chapter III of the Australian Constitution sets out a comprehensive regime for the exercise of federal judicial power. This means that federal judicial power can be exercised only in the way prescribed by Chapter III. There is no comprehensive definition of ‘judicial power’, although there are some functions that are always judicial in nature and some functions that are never judicial in nature. Federal jurisdiction – that is, the exercise of federal judicial power – is limited to the subject-matters set out sections 75 and 76 of the Constitution and also limited to ‘matters’ respecting those subject-matters.
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