[YPPH]

The Australian High Court is generally not partisan or political. The Justices are not generally predictable in their rulings, unlike in the US. So, if you're right that it's an archaeic view, I wouldn't put that down to politics.

An example is a recent hot button issue where the Court ruled Aboriginal Australians could not be classified as "aliens" under the Constitution (Love v Commonwealth). The decision was condemned by conservative media as judicial activism. The majority comprised Bell, Gordon, Nettle and Edelman JJ, the latter 3 were conservative government appointments.