Opinion Number. 479

Subject

FEDERAL JURISDICTION OF STATE COURTS WHETHER COMMONWEALTH SHOULD CONTRIBUTE TOWARDS SALARIES OF STATE JUDGES EXERCISING FEDERAL JURISDICTION

Key Legislation

CONSTITUTION, Chapters III, IV : SURPLUS REVENUE ACT 1910

Date
Client
The Secretary to the Treasury

I agree with the Commissioner's minute.(1) The Federal jurisdiction of the State courts is provided for by the Constitution, and is a part of the general relations between Commonwealth and States upon which is based the financial adjustment provided by the Constitution and the Surplus Revenue Act.

The view which I take of the matter is expressed in the following extract from an opinion given to the Prime Minister's Department on 22 May 1912(2), in reference to a claim by the Premier of Western Australia that the State should be recouped for the use of its courts in recovering penalties under the Defence Act: [matter omitted, being the last five paragraphs of Opinion No. 452].

[Vol. 10, p. 465]

(1) The Commissioner of land tax had presumably opposed a proposal that the Commonwealth should pay part of State Judges' salaries in Land Tax cases.

(2)Opinion No. 452.