Document ID: chunk:federal_register_of_legislation:C2024C00864:section:38
Version: federal_register_of_legislation:C2024C00864
Segment Type: section
Provision Reference: s 38
Character Range: 27288–28411

38  Matters in which jurisdiction of High Court exclusive
  Subject to sections 39B and 44, the jurisdiction of the High Court shall be exclusive of the jurisdiction of the several Courts of the States in the following matters:
 (a) matters arising directly under any treaty;
 (b) suits between States, or between persons suing or being sued on behalf of different States, or between a State and a person suing or being sued on behalf of another State;
 (c) suits by the Commonwealth, or any person suing on behalf of the Commonwealth, against a State, or any person being sued on behalf of a State;
 (d) suits by a State, or any person suing on behalf of a State, against the Commonwealth or any person being sued on behalf of the Commonwealth;
 (e) matters in which a writ of mandamus or prohibition is sought against an officer of the Commonwealth or a federal court.
Note: Under the Jurisdiction of Courts (Cross‑vesting) Act 1987, State Supreme Courts are, with some exceptions and limitations, invested with the same civil jurisdiction as the Federal Court has, including jurisdiction under section 39B of this Act.