First Principles of Business Law
Sources of law: case law
4. The jurisdiction and seniority of courts

4.1. The relevance of court hierarchies to the doctrine of precedent

 

 

 

You will recall that, in Australia, there is a separate system of courts in the Commonwealth and in each state and territory. Within each of these jurisdictions, the various courts have different powers to hear cases and make orders. The more powerful courts are described as superior (senior) to the less powerful courts in what is called a 'hierarchy' of courts .  An important question arises. When it comes to applying case law, do the previous decisions of ALL Australian courts bind each other equally? Choose the best answer.

(a) Commonwealth, state and territory courts exist in a hierarchy within their own separate jurisdiction. Previous decisions of a particular court are only potentially binding on courts lower down in the same hierarchy.

(b) Commonwealth, state and territory courts exist in a hierarchy within their own separate jurisdiction. Previous decisions of a particular court are potentially binding on all courts in the same hierarchy.

(c) Commonwealth, state and territory courts exist in a hierarchy within their own separate jurisdiction but the previous decisions of ALL Australian courts are potentially binding on lower ranking courts in any hierarchy.

 

 

 

 

 

 

 

 

 

 

  
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