Precedents in Australian Courts Flashcards
Under which circumstances can a single judge in the High Courts of Australia not oblige to follow its own precedent?
A single judge in the High Court of Australia is not obligated to follow its own precedent only if the ratio decidendi was construed by a single judge.
Is a single judge in the High Courts of Australia obligated to follow an appellate decision of a full court?
Yes
Give an example of a case of when the High Court of Australia overruled it own past decision(s)?
In John v. Federal Commissioner of Taxation 1989, the High Court overruled its own precedent in Curran v. Federal Commissioner of Taxation 1974.
Give an example of a constitutional case of when the High Court overruled its earlier decision(s)?
In Shaw v. Minister for Immigration and Multicultural Affairs 2003, the appellant Shaw was appealing against the Commonwealth’s decision to deport him. He argued that the High Court should follow the precedent in Patterson 2001 instead of Nolan v. Minister for Immigration and Ethic Affairs 1988. The High held that the case of Patterson 2001 held more precedential value and overruled the Ministers order for the deportation of Shaw.
Give an example of a non-constitutional case of when the High Court overruled its earlier decision(s)?
In Mabo v. Queensland 1992, the High Court of Australia overruled the doctrine of Terra Nulius and held the Native Title.
In R v. L 1991, the court recognised the offence of rape in marriage and overruled a binding principle of common law that was accepted in earlier High Court decisions.
Give an example of a case of when the full Federal Court overruled itself.
In Transurban City Link Ltd v. Allan 1999, the Federal Court overruled its own decisions made in the previous case of Allan v. TCL 1998. In the earlier decision, the full court construed a decision which was later found in TCL v. Allan 1999 to be per incuriam (plainly wrong).
Which hierarchy is the Family Court of Australian located in?
The Federal Court Hierarchy.
How does the doctrine of precedent apply to a single judge within the Family Court?
- A single judge in the Family Court is not bound by earlier decisions of another single judge in the same hierarchy.
- A single judge in Family Court is bounded by the earlier decisions of a Full Court of the Family Court and the High Court of Australia.
What did the Court of Appeal of Queensland rule in R v Morrison 1999?
By a majority of 3:2, the HCQ held that the prosecution must prove additional facts relevant to the sentencing beyond reasonable doubt rather than on the balance of probabilities.
