Precedent Law, Practice & Trends in Australia

Extract from “Precedent Law, Practice & Trends in Australia” by The Hon Justice Michael Kirby AC CMG: The binding nature of the ratio decidendi: “Lower courts in Australia are not bound by everything that is said in a judicial decision or by all of the judicial observations of a higher court. Rather, it is the ratio decidendi of the decision that binds, (1) as determined by analysis of the reasons of the judges in the majority. As I noted in … Continue reading Precedent Law, Practice & Trends in Australia
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