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Concise Australian Legal Dictionary (5th ed, 2015) 'Precedent'
Robin Creyke et al, Laying Down the Law (LexisNexis Butterworths, 10th ed, 2018) 152
looking at the rationale for the doctrine gives rise to its advantages
"stand by the thing decided and do not disturb the calm"
Telstra Corporation v Treloar (2000) 102 FCR 595
Neil Duxbury The Nature and Authority of Precedent (Cambridge University Press, 2008) 162
"in order that the citizen may order his affairs and make decisions, the courts must apply uniformly rules and principles that are ascertainable in advance"
= predictable outcomes help generate awareness
Robin Creyke et al, Laying Down the Law (LexisNexis Butterworths, 10th ed, 2018) 153
Sir Anthony Mason, The Use and Abuse of Precedent (1988) Australian Bar Review 93
1. do you think precedent is making the legal system lazy?
2. If courts can avoid using certain precedents, do you think this is fair and should precedent still be used in today's society?
3. consider a case or a legally relevant everyday life example of a time when you might want precedent to exist/apply
4. locate and read the case of Phillips v The Queen (2006) 22 CLR 303.
consider the relationship between precedent and judicial hierarchy, do you think there might be times where a court "stamps its authority" as superior sources of binding precedent and does that translate in this case?
what should be done to avoid this?
5. if precedent continues to apply in future times, do you think this should impact judges that are selected to sit on the high court bench? should they exhibit specific personality traits/cognitive thinking patterns/extensive background in applying precedent in their legal vocation in order to predict how they might interpret and apply the law?