LAW1111 Lecture Notes - Lecture 4: Federal Circuit Court Of Australia, Judiciary Of Australia, Australia Act 1986

• School: Monash University
• Department: Law
• Course: LAW1111
• Professor: Joanna Kyriakakis

Document Summary

The statement of law in the previous case was really obiter. A majority often agree on the final decision, but sometimes for different reasons. The privy council loses its place in the australian court hierarchy in 3 steps: privy council (limitation of appeals) act 1968. No more appeals from the hca on federal issues: privy council (appeals from the high court) act 1975. No more appeals from hc on state issues but could appeal from state. Courts, i. e. could jump the high court and go to privy council: australia acts 1986. Decisions made after the australia act are not binding on any court in. The high court of australia is not bound by any decisions of the privy council, Australia but merely persuasive - cook v cook (1986) (hca) whenever they were made viro v r (1978) (hca) before the australia act. It is unclear whether state courts are bound by privy council decisions given.