ADMJ 101 Chapter Notes - Chapter 1: District Court Of New South Wales, Australian Consumer Law, Judiciary Of Australia
Document Summary
Once upon a time, some courts held themselves bound by previous decisions of the same court. Of course, for judicial comity, it is normal practice for those decisions to still be followed unless a judge clearly explained why it is wrong. The high court of australia has never regarded itself as being bound by its previous decisions. Australian agricultural co v federated engine-drivers and firemen"s. Textbook 7. 3-7. 4 explains when the hca would overrule itself. Full courts/court of appeals in each hierarchy are not bound by their own previous decisions. Nguyen v nguyen (1990) 169 clr 245 (in textbook 7. 23) Sometimes these courts might sit as a full bench" (e. g. 5 justices) in order to resolve an unsettled point of law, e. g. r v morrison [1999] 1 qd r 397. Such a decision will be persuasive, but may in certain situations, be considered more strongly see part 3. 2 on de facto binding" cases.
