LA1102 Synth week 5

The High Court of Australia:

• a. is obliged to follow all previous precedent

• b. has never shown a willingness to overturn its previous decisions

• c. is the last appeal court in Australia for all state and federal matters

• d. cannot consider matters of constitutional law

2. How may different court hierarchies exists in Australia?

• a. Nine

• b. One

• c. Six

• d. Seven

Answer explanation

Nine hierarchies:

Federal hierarchy

Six state hierarchies

Two territory hierarchies

3. A single judge of a state supreme court:

• a. would not be bound to follow decisions of the High Court of Australia

• b. is normally bound by superior appellate decisions of the same state

• c. is normally bound by the decisions of the Supreme Courts of the territories

• d. is normally bound by decisions of other single judges of the same court

4. Which of the following statements is correct?

• a. The doctrine of stare decisis scan never be observed by administrative tribunals

• b. An administrative tribunal can contain a President

5. Which of the following statements is correct?

• a. The High Court of Australia still regards itself bound by the decisions of the Judicial Committee of the Privy Council

• b. Court decisions of other common law countries cannot bind Australian courts

• c. Recent decisions of the Judicial Committee of the Privy Council are sometimes binding on Australian courts

• d. Appeals to UK courts were never possible before the Australia Acts

6. When may a court NOT depart from an earlier decision of a court at the same level in the hierarchy?

• a. When the decision was ‘plainly wrong’

• b. When the earlier judgment was erroneously decided

• c. When there is a failure to use all the appropriate legal authorities or materials

• d. When the judge has a personal opinion that the earlier decision was wrong

7. The Supreme Court of NSW is presented with two precedents. Both are from lower courts within the same jurisdiction. One is from 25 years ago. The other is from 10 years ago. These older precedents conflict. Which of the following statements about this scenario is CORRECT?

• a. The NSW Supreme Court is not bound by either of these precedents

• b. The NSW Supreme Court can ignore the decision made 10 years ago but not the decision made 25 years ago

• c. The NSW Supreme Court can ignore the decision made 25 years ago but not the decision made 10 years ago

• d. The NSW Supreme Court is bound by both of these precedents

8. In which type of matters is it suggested that precedent may apply ‘more weakly’ to?

• a. Family law matters

• b. Criminal law matters

• c. Contract law matters

• d. Administrative law matters

9. In John v Federal Commissioner of Taxation (1989) 166 CLR 417 the High Court identified four factors which justified departing from its own previous decisions. In which of the following cases did the High Court identify a further factor?

• a. McNamara v Consumer, Trader and Tenancy Tribunal (2005) 221 CLR 646

• b. Imbree v McNeilly (2008) 236 CLR 510

• c. Kennedy Cleaning Services Pty Ltd v Petkoska (2000) 200 CLR 286

• d. Shaw v Minister for Immigration and Multicultural Affairs (2003) 218 CLR 28

10. Which of the following offers the BEST definition of per incuriam?

• a. One who seeks equity must do equity

• b. A man is not bound by his sins

• c. Best care taken.

• d. Lack of due regard