CLAW1001 Chapter Notes - Chapter 2: Administrative Appeals Tribunal, Ratio Decidendi, Appellate Jurisdiction
CHAPTER 2: THE COURTS AND COMMON LAW
THE COMMON LAW: above
• Equity Systems:
o Provided a remedy where common law gave none or offered an inadequate remedy
o Most important contribution to law was “trust”
§ Legal owner holds property on behalf of equitable owner (recognised by equity)
o Influential in development of laws relating to unconscionability, undue influence, fiduciary duties, confidential info
• 1873: Fusion of common law + equity = High Court of Justice
THE DOCTRINE OF BINDING PRECEDENT:
• Following prior authority:
o Stare decisis: court is bound to follow decisions of higher courts in same jurisdiction à judicial hierarchy
o Ratio decidendi: part of the decision which is binding or persuasive, principle of law underlying decision
o Obiter dicta: other arguments + principles in judgements not forming part of ratio decidendi à persuasive
• Res judicata: decision reached in determining the case before it is subject to appeal, a final resolution of issues
raised, if the parties call for appeal
• Distinguishing prior authority: facts of two cases are so significantly different that precedent isn’t binding
• Rejecting prior authority: restrict influence of precedent if no longer reflects current theory = overrule/reverse
• Persuasive precedent: a previous court decision which may be persuasive in future cases à not binding
o E.g. international courts, other states, higher court in same jurisdiction
• Material Facts: key facts in a case relevant to the decision made
• Donoghue v Stevenson [1932]
o S = manufacturer, product went to café, sold to D
o Opaque bottle = no opportunity for inspection, contained decomposed snail = illness
o No contract = tort of negligence
o Ratio decidendi:
§ Narrow liability principle à ginger beer and snails
§ Wider manufacturer liability principle
§ Wider neighbourhood principle à general duty of care in negligence
THE COURT SYSTEM:
• Original Jurisdiction: court acting to determine a matter for the first time
• Appellate Jurisdiction: to hear and determine appeal from a lower court
• Federal Courts:
o High Court: highest judicial tribunal in Aus
§ Original: Constitution
§ Appellate: from single High Court Justice , any Federal court + State
Supreme Courts
§ Any appeal to HC requires special leave
o Family Court:
§ Original: divorce + ancillary matters e.g. property, custody of children
§ Appellate: from single Family Court judge + State magistrate w/ jurisdiction under Family Law Act
o Federal Court:
§ Original: bankruptcy, matters arising under Federal Acts, industrial division
§ Appellate: from single Federal Court judges, territorial + State Supreme Courts in Federal matters
o Federal Circuit Court (FCC): cheaper, faster + more efficient method of dealing w/ less complex civil and
family law matters
• State Courts:
o High Court of Australia
o Supreme Courts:
§ Original: unlimited amount ($, civil) + type of crime under State Law
§ Appellate: from lower courts and single Supreme Court judge
o Intermediate Courts: District Courts (NSW), County Courts (Vic)
§ Original: up to a certain amount ($, civil) + offenses punishable by <14 yrs (criminal)
§ Appellate: sometimes hears from lower courts
o Lower Courts: e.g. Local Courts, Magistrate’s Courts
§ Original: up to a certain amount ($, civil) + committal hearings and minor offences (criminal)
§ No appellate jurisdiction
TRIBUNALS:
• Federal level: exercise significant administrative, non-judicial powers à review decisions + mediate resolutions
o Separation of powers prevents tribunals from exercising judicial functions
§ Boilermakers Case [1956]
• Commonwealth Court of Conciliation and Arbitration functioning in 2 capacities
o Interpret + apply law, and impose penalties
o Make awards b/w parties to an industrial dispute
Document Summary
Equity systems: provided a remedy where common law gave none or offered an inadequate remedy, most important contribution to law was trust . Legal owner holds property on behalf of equitable owner (recognised by equity) Influential in development of laws relating to unconscionability, undue influence, fiduciary duties, confidential info. 1873: fusion of common law + equity = high court of justice. Narrow liability principle ginger beer and snails. Wider neighbourhood principle general duty of care in negligence. The court system: original jurisdiction: court acting to determine a matter for the first time, appellate jurisdiction: to hear and determine appeal from a lower court. Federal courts: high court: highest judicial tribunal in aus. Appellate: from single high court justice , any federal court + state. Any appeal to hc requires special leave: family court: Original: divorce + ancillary matters e. g. property, custody of children. Appellate: from single family court judge + state magistrate w/ jurisdiction under family law act: federal court:
