The issue of appeals from the High Court

The issue of appeals from the High Court to the Privy Council was a significant one during the drafting of the Constitution, and it continued to be significant in the years after the court's creation. The final wording of section 74 prohibited appeals on constitutional matters involving disputes about the limits inter se of Commonwealth or state powers, except where the High Court certified the appeal. It did so only once: in the case of Colonial Sugar Refining Co v Attorney-General (Commonwealth)[4] (1912). After that case, in which the Privy Council refused to answer the constitutional questions put to it, the High Court never certified another inter se appeal.[5] Indeed, in the case of Kirmani v Captain Cook Cruises Pty Ltd (No 2)[6] (1985), the court said that it would never again grant a certificate of appeal.

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