(a)  The decisions made by the courts give rise to ‘case law’ because the various Australian constitutions give the courts a law-making power.

(b)  The previous decisions made by a court give rise to case law because of the ‘doctrine of precedent’ and not because of any direct law-making power given to the courts.

(c)   It is only the decisions of appeal courts that give rise to case law.  The decisions made by courts of first instance do not create case law.