Kable v Director of Public Prosecutions (NSW) [1996] HCA 24; (1996) 189 CLR 51 (12 September 1996)





15. Furthermore, a State court when it exercises federal jurisdiction invested under s 77(iii) is not a court different from the court that exercises the judicial power of the State. The judges of a State court who exercise the judicial power of the State are the same judges who exercise the judicial power of the Commonwealth invested in their courts pursuant to s 77(iii) of the Constitution. Indeed, it is not uncommon for a judge of a State court to administer State legislation in the course of the exercise of federal jurisdiction. It is common ground, for example, that in this very case Levine J made his order in the exercise of federal jurisdiction because he became seized of federal jurisdiction when the appellant contended that the Act was in breach of the Constitution.

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