They are so named because the prescribed features of these courts are contained in chapter III of the Australian Constitution.
Under section 72 of the Constitution, justices of federal courts are to be appointed by the Governor-General in Council; have a term of office lasting until they are 70 years of age (unless Parliament legislates to reduce this maximum age before their appointment); and receive a remuneration which must not diminish during their term in office.
The only instance where the situation has even been close to arising was during the tenure of Justice Murphy of the High Court.
The majority justices held that the maintenance of the constitutional system of government required a rigid adherence to separation of powers.
The High Court may so certify if satisfied that for any special reason the certificate should be granted, and thereupon an appeal shall lie to Her Majesty in Council on the question without further leave.
Except as provided in this section, this Constitution shall not impair any right which the Queen may be pleased to exercise, by virtue of Her Royal Prerogative, to grant special leave of appeal from the High Court to Her Majesty in Council.
In 1985, the High Court unanimously observed that the power to grant such a certificate "has long since been spent" and is "obsolete".
[17] In 1986, with the passing of the Australia Act by both the UK Parliament[18] and the Commonwealth Parliament (with the request and consent of the Australian states, in accordance with Section 51(xxxviii)),[19] appeals to the Privy Council from state supreme courts were closed off, leaving the High Court as the only avenue of appeal.