(a)  Even if a precedent is not binding on an Australian court, an earlier decision made by any court in any hierarchy of courts can be treated as a ‘persuasive’ authority.

(b)  A previously decided case cannot be treated as ‘persuasive’ by an Australian court if the earlier case was heard by a court sitting in another country and applying its own national law.

(c)   A case that was previously decided by a lower-ranking court in a particular court hierarchy can be treated as persuasive by a higher-ranking court in that same hierarchy.