What are some examples of precedents in Australia?
What are some examples of precedents in Australia?
In this post, we’ll take a look at some of the most famous cases in the history of Australian law.
- Mabo vs Queensland (No 2) – 1992.
- Chamberlain vs the Queen – 1984.
- Al-Kateb vs Godwin – 2004.
- Waltons Stores (Interstate) Ltd vs Maher – 1988.
- Commonwealth vs Tasmania – 1983.
What is a precedent setting case?
Precedent refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues. Precedent is incorporated into the doctrine of stare decisis and requires courts to apply the law in the same manner to cases with the same facts.
How are precedents used in Australian courts?
Precedent means that judges are bound to follow interpretations of the law made by judges in higher courts, in cases with similar facts or involving similar legal principles. For example, the highest court in Australia, the High Court, while not bound to follow its own earlier decisions, does so in most cases.
Which is an online source that may be used to determine if a case is still good law?
A Citator is a tool which allows you to track the history of your case and the treatment of your case by subsequent courts. Citators allow you to determine if your case is still good law and it acts as a research tool allowing you find other cases (and other secondary materials) which cited your case.
How do you tell if a case has been overturned?
A red stop sign indicates that a case may have been overruled or reversed. An orange box with the letter “Q” inside means that the validity of a case may be in question, such as when a case is superseded.
Can you quote a headnote?
Headnotes are excellent research tools to assist you in finding other cases that address similar legal issues, but do not cite headnotes in your work product. When citing a case, you should only cite to the actual text of the opinion written by the judge or justice.