(b) That's right. 

You were asked to select the incorrect statement.

It is incorrect to say that 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.

It is correct to say that 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.

It is correct to say that 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.

Give yourself one mark for this answer.

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