The decision paves the way for an appeal against ACT Supreme Court Justice Hilary Penfold's ground-breaking finding from December last year.

But the Government is awaiting more advice about the ramifications of the decision before proceeding with the appeal.

Justice Penfold's declaration of incompatibility - the territory's first - brought the fledgling human rights legislation into conflict with the laws governing bail in the ACT.

The decision stemmed from an unsuccessful bail application for street preacher Isa Islam, ultimately jailed for repeatedly stabbing a former neighbour in 2009.

The ACT Government immediately filed an appeal against the judge's ruling, but the hearing was put on the back-burner pending yesterday's High Court decision.

The court quashed Melbourne lawyer Vera Momcilovic's drug trafficking conviction, finding the jury had been misdirected, set aside her jail sentence and ordered a re-trial.

But a majority ruled Victoria's rights charter, which like the territory's law allows judges to interpret laws in relation to human rights and issue declarations of ''inconsistent interpretation'', was valid.

The judges differed, however, on how the rule should operate.

Attorney-General Simon Corbell said the Government was waiting for more advice on any ramifications for the territory flowing from the High Court ruling.

''The court raised serious questions about the function and validity of a declaration of inconsistent interpretation under the Victorian Charter and the impact of those observations on the ACT law is also under consideration,'' he said.

Any consideration of rewriting bail laws has previously been postponed until after the appeal.

ACT Human Rights Commissioner Helen Watchirs said it appeared the decision meant there were no constitutional concerns about the Islam declaration. Dr Watchirs said the commission was ''seriously considering'' intervening in the appeal, set to be heard in the Court of Appeal at a later date.

Momcilovic was convicted in the County Court of Victoria of drug trafficking almost three years ago after police raided her flat and found almost 400g of the drug ice.

The state's Court of Appeal initially found Victoria's drug laws were inconsistent with the charter because they placed the burden of proof on the accused, and issued the declaration.

The High Court set aside the declaration of incompatibility for varying reasons, but six of the seven judges found the charter was valid.

Islam is currently serving a prison sentence for maiming another man with a paring knife at the Ainslie shops more than two years ago.

He was acquitted of attempted murder earlier this year but found guilty of intentionally inflicting grievous bodily harm, and is appealing his conviction.

During a bail application his lawyers argued Islam's detention awaiting trial was in conflict with the Human Rights Act 2004.

Dr Watchirs did, however, agree the presumption against bail for people charged with serious crimes was inconsistent with the rights law.