LA1102 Workshop 4

The High Court is bound by its own past decisions

• True

• False

The High Court is reluctant to depart from its own past decisions

• True

• False

Based on John v Federal Commissioner of Taxation (1989) 166 CLR 417 what is one of the reasons that the High Court can be persuaded to part from its own past decisions:

•  earlier decisions did not rest upon a principle carefully worked out in a significant succession of cases

• earlier decisions were heard before the internet was invented

• earlier decisions were heard by High Court judges who are now deceased

• earlier decisions were heard by High Court judges of the wrong political persuasion.

Based on Borg v Muscat [1972] Qd R 253, the Queensland Court of Appeal will only depart from one of its own past decisions if:

• The past decision was considered unjust by civil libertarians

• The past decision has been harshly criticised by legalists

• The past decision is clearly wrong

• The past decision was made before email was invented

What is one reason a state or territory court in one jurisdiction should give serious consideration to similar decisions in other Australian jurisdictions:

• To avoid interstate border disputes

• To save the work of judges having to write new judgements

• The state or territory court in the other jurisdiction has considered legislation similar to that passed around Australia

• To limit the amount of time judges needs to spend on research

Per incuriam means:

• “through want of care”

• “overly curious”

• “very curious”

• “per annum”

A decision of any court in another country is binding on Australian courts:

• True

• False

A decision of a court in another country can be persuasive on Australian courts:

• False

• True