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.

[2]This power was exercised only once, when a certificate to appeal was granted in Colonial Sugar Refining Co Ltd v Attorney-General (Cth)[5] In 1961 the High Court under Chief Justice Sir Owen Dixon said: "experience shows – and that experience was anticipated when s. 74 was enacted – that it is only those who dwell under a Federal Constitution who can become adequately qualified to interpret and apply its provisions.

The Attorney-General of Queensland, who unsuccessfully intervened in Kirmani v Captain Cook Cruises Pty Ltd (No.

"[1]This declaration by the Court and the provisions of the Australia Act 1986 by both the UK Parliament[9] and the Parliament of Australia[10] (with the request and consent of the Australian States) have for practical purposes ended all means of appeal from Australian courts to the Privy Council.