An alternative (partial) justification for the holding in Kirk

In Kirk v Industrial Court (NSW), the High Court determined that, based on“accepted doctrine at the time of Federation”, s 73 of the Constitutionentrenched the jurisdiction of the State Supreme Courts to review thedecisions of State decision-makers on the grounds of jurisdictional error. In anearlier article, the author argued that this reasoning was seriously flawed. Thisarticle propounds an alternative, partial justification for the holding in Kirk,based on features inherent in the text and structure of Ch III of the Constitutionat Federation and the preservation of those features in the face of thepost-Federation dismantling of the imperial legal system. It argues that animplication can be inserted into s 73 which entrenches the jurisdiction of theState Supreme Courts to review the decisions of “Lower State Courts”, but not“State Administrators”.