Prime Minister Julia Gillard has defended her comments about the High Court's rejection of the Government's Malaysian solution, which had drawn criticism from Australia's Law Council.

Ms Gillard said on Thursday Chief Justice Robert French had "considered comparable legal questions when he was a judge of the Federal Court and made different decisions to the one that the High Court made," according to the Herald Sun.

It has come to light that she said she did not wish to withdraw her comments, explaining that the public is entitled to the facts about the shift in the law that came about from the judgement.

"What I did was point out matters of fact, and I think Australians are entitled to those facts and I don't resile from one word of what I said," she explained to Sky News.

Ms Gillard did not blame the court for throwing the Government's refugee policy into "limbo", as some media reports claim, nor did she criticise the High Court. She commented on the matter of precedents on which legal advice to the government rested on.

The Law Council of Australia has expressed disappointment in such remarks, labelling it "the Government's criticism" of the High Court decision.

The president of the Law Council Alexander Ward said High Court decisions must be given respect.

"Under the separation of powers in Australia, it's the High Court's role to interpret and rule on the laws passed by the Parliament," Mr Ward said as quoted by the Sydney Morning Herald.

"As the Law Council has previously stated, the High Court decision did not depart from any previous binding authority on the interpretation of the provision of the Migration Act relating to the declaration of a country to which offshore entry asylum seekers could be taken.

"The High Court gave due consideration to a number of authorities, including from lower courts, which it was argued were relevant to the interpretation of the provision but ultimately did not accept those arguments," said Mr Ward.

Chief Justice Singled-Out

"The decision of the Court was entirely consistent with the usual practice of the Court," he added.

He hinted at concerns that Ms Gillard had singled out the Chief Justice for particular criticism, saying it was "highly inappropriate."

"His Honour was one of six judges who were in the majority in this case and the legal principles established by the case are very clear."