LAW 1501 Study Guide - Final Guide: Supreme Court Of The Australian Capital Territory, Judiciary Of Australia, Tute
7 Jun 2018
School
Department
Course
Professor
Melissa Sparrow (a1668063)
1
FOUNDATIONS TUTE WEEK 3 SEMINAR 2
Exercise 9 Coco v Queen
1) The first case would be decided on a persuasive basis because the court in question
is the ACT Supreme Court that is the highest court in that territory’s hierarchy. The
other courts that decided the previous cases, the Court of Appeal in England is not
part of the Australian court hierarchy and the New South Wales Full Court of the
Supreme Court is not part of the ACT court hierarchy. Overseas court rulings
always have a purely persuasive impact on a court’s decision and due to the Federal
nature of Australia’s legal system the ACT and New South Wales court systems
exist and operate independent of each other. The only court referenced from a
higher position in the court hierarchy is the High Court of Australia, which has the
power to overturn it’s decisions however in this case, the ACT Supreme Court
should follow the precedent set by the High Court.
2) From the outcomes of the cases on the Insurance Contracts Act 1984 most of the
courts decided the issues at hand on a persuasive basis so it would make sense to do
the same again.
TUTE-
• Single judge- Bound by the ratio of higher courts in it’s own jurisdiction
• Single judge of S.A District Court is bound by the ratio of the S.A Supreme Court
and the High Court
• Decisions of courts not in the same jurisdiction/inter-state courts (appellate courts)
are only persuasive
• Supreme Court judges are called Justices not Judges
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Exercise 9 coco v queen: the first case would be decided on a persuasive basis because the court in question is the act supreme court that is the highest court in that territory"s hierarchy. The other courts that decided the previous cases, the court of appeal in england is not part of the australian court hierarchy and the new south wales full court of the. Supreme court is not part of the act court hierarchy. Overseas court rulings always have a purely persuasive impact on a court"s decision and due to the federal nature of australia"s legal system the act and new south wales court systems exist and operate independent of each other.
