LA1102 Synth/Online Tutorial Week 5

The High Court of Australia:

• is obliged to follow all previous precedent

• has never shown a willingness to overturn its previous decisions

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

• cannot consider matters of constitutional law

How many court hierarchies exist in Australia?

• Nine

• One

• Six

• Seven

A single judge of a state supreme court (you can select more than one answer):

• is normally bound to follow decisions of the High Court of Australia

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

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

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

Which of the following statements is correct?

• The doctrine of stare decisis can never be observed by administrative tribunals

• An administrative tribunal can contain a President

Which of the following statements is correct?

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

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

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

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

When may a court depart from an earlier decision of a court at the same level in the hierarchy (you can select more than one answer)?

• When the early judgement was ‘plainly wrong’

• When the earlier judgment was erroneously decided

• When the earlier judgement failed to use all the appropriate legal authorities or materials

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

The Supreme Court of QLD 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?

• The QLD Supreme Court is not bound by either of these precedents

• The QLD Supreme Court can ignore the decision made 10 years ago but not the decision made 25 years ago

• The QLD Supreme Court can ignore the decision made 25 years ago but not the decision made 10 years ago

• The QLD Supreme Court is bound by both of these precedents

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

• Family law matters

• Criminal law matters

• Contract law matters

• Administrative law matters

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?

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

• Imbree v McNeilly (2008) 236 CLR 510

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

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

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

• One who seeks equity must do equity

• A man is not bound by his sins

• Best care taken

• Lack of due regard