Precedents and case-based reasoning in the case law of the High Court of Australia

Abstract

The High Court of Australia is at the apex of the Australian court system. Established in 1901 under the Constitution, the Court has both original and appellate jurisdiction to determine constitutional matters. The High Court’s decisions are binding on all lower courts in the hierarchy, both federal and state, as part of the doctrine of precedent, which is a critical feature of the common law. The Court itself, as a matter of long-established practice, ordinarily follows its previous decisions. While it is not bound to do so, it overrules its previous authority by reference to considerations that seek to prioritise stability and certainty in the law. Due to its position in the curial hierarc..