DISCUSSION QUESTION: AUSTRALIAN COURT HIERACHIES AND THE DOCTRINE OF PRECEDENT (800 WORDS)
(i) What is ‘the doctrine of precedent' and how is it applied in the Australian courts?
(ii) Is it possible to appeal ‘as of right' to the High Court of Australia from a decision of the Federal Court and/or one of the State Supreme Courts? Why?
(iii) Using a business law text, a legal dictionary or other research tools, discover and list, for each of the following cases, (a) all available citation details for that case, beginning with its ‘authorised report' citation (where available) and (b) the details of which court (and which judge or judges) decided each case:
o Mabo v State of Queensland (No 2)
o Donoghue v Stevenson
o Ho v Greater Dandenong City Council
o Kalamazoo (Australia) Pty Ltd v Compact Business Systems Pty Ltd
o Brightwater Care Group (Inc) v Rossiter
(iv) According to the doctrine of precedent, which of the above listed cases is potentially binding on a single judge of the Supreme Court of Western Australia? (Give full reasons for your answer).
(v) What are the advantages of the doctrine of precedent?
(vi) Are there any disadvantageous aspects to the doctrine of precedent?