FIGURE5 The Australian court system
High Court of Australia
Federal courts
State/territory courts
Supreme Court
Federal Court
Family Court
Intermediate courts (County/District Court)
Federal Circuit Court
Lower courts (Local/magistrates Court)
When superior courts (such as the High Court and each state’s Supreme Court) settle disputes, they can create new legal principles that must be followed by the lower courts in their own hierarchy. This is referred to as a binding precedent . Judges in each state have to follow only those decisions made in the higher courts in their state, and those made in the High Court. For example, a decision made by a judge in the Supreme Court of Western Australia does not have to be followed by judges in the District Court of New South Wales. However, the New South Wales judges could use the decision as a persuasive precedent . 18.4 SkillBuilder activity INVESTIGATING CONTEMPORARY CIVICS AND CITIZENSHIP ISSUES 1. Using the internet or newspapers, find an article that reports on a new principle of law that has been made through a landmark court case. 2. Investigate how this case proceeded through the courts. 3. Write a brief report on how this case established a new legal principle.
If you are having difficulty finding a case, try one of these: • Commonwealth v Tasmania (Tasmanian Dams case) • Eddie Mabo & Ors v The State of Queensland (Mabo case) • Dietrich v the Queen (Dietrich’s case) • Plaintiff M701/2011 v Minister for Immigration and Citizenship (Malaysian solution case)
• Love v the Commonwealth of Australia • Thoms v the Commonwealth of Australia • Vanderstock & Anor v State of Victoria
TOPIC18 Laws and citizens 537
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