Which law in Australia has precedence?

The law with precedence in Australia is determined by the doctrine of precedent, which is a fundamental principle in the Australian legal system. Precedence refers to the binding nature of past judicial decisions on subsequent courts. The decisions of superior courts are binding on lower courts, and the decisions of the High Court of Australia are binding on all courts in Australia. Lower courts must generally follow the principles and rulings established in higher courts unless there are compelling reasons not to do so, such as a change in legislation or the identification of a significant error.

In essence, the law with precedence in Australia is the body of case law established by previous court decisions, with particular weight given to the decisions of higher courts. This system of precedent ensures consistency and predictability in the application of the law and serves as a foundation for legal reasoning in Australia.

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