Ex Parte

The High Court of Australia, constituted by Griffith CJ, Barton and O'Connor JJ, considered its jurisdiction to entertain an appeal from a decision of a Supreme Court of a colony pronounced before the establishment of the Commonwealth. The matter before the Court was an application for leave to appeal.

The central legal issue was whether the High Court possessed the constitutional authority to hear an appeal from a judgment that predated the commencement of the *Judiciary Act 1903* (Cth) and the establishment of the Commonwealth itself. This raised questions about the retrospective operation of the High Court's appellate jurisdiction.

The Court reasoned that the *Judiciary Act 1903* conferred appellate jurisdiction upon the High Court in respect of decisions of the Supreme Courts of the States. It was held that this jurisdiction extended to decisions made prior to the Act's commencement, provided that the appeal was brought in accordance with the procedures established by the Act. The Court applied the principle that legislative grants of jurisdiction are generally to be construed as operating from the time of their enactment, and that the High Court's appellate powers were intended to be comprehensive.

Leave to appeal was granted.