LAW101 Foundations of Australian Law

Can the high court of Australia decline to follow its own prior decisions? If So, can you provide examples of the High Court overruling its own prior decisions?

The doctrine of precedent is considered a central restraint on judicial decision-making. It reflects that when judges are deciding matters, they must pay appropriate respect and attention to previous or former judicial decisions. Many law courts are not obliged to follow their own previous verdicts but they often do. For instance, the high court, the highest court in Australia, not oblige to follow its own previous verdicts in several matters. 

The HC is not bound to obey its own prior verdicts or judgement, but the High Court usually does so in matters arising alike circumstances and facts. In Imbree v McNeilly [2008] HCA 40, a learner driver had faced a car accident and because of this accident, one of his passengers got injured. The High Court held that probationary learner drivers owned a limited or below standard of care to her or his instructor in comparison to the standard of care owed by completely licensed drivers. 

In the case of Cook v Cook (1986) 68 ALR 353, the HC in Australian overruled its own verdict or judgement respecting learner drivers’ culpability, providing them the similar duty on the roads as completely licensed driving or probationary drivers. In simple words, it was overruled that the standard of care owed by probationary drivers ought to be the same as that other road users owed. In Bryan v Maloney (1995) 182, the HC prolonged a duty of care of the builders to incorporate a liability in negligence for the complete loss of economic preserved by a residential dwelling’s subsequent purchaser because of latent defects in the construction of the building. However, in case of Woolcock Street Investment Pty Ltd v CDG Pty Ltd (2004) 81-742, the High court overruled is own prior decision and declined to outspread this obligation to defects in commercial building. 

The precedent’s doctrine relies on its efficiency on judges not merely managing a common exercise of paying attention and respect to former judicial decisions, but also carefully and conscientiously enunciating the practice’s content, and confirming that the exercise is reliable or steady with, whereas not outwitting, its ethical basis in the rule of law.

Cases

Bryan v Maloney (1995) 182

Bryan v Maloney (1995) 182

Cook v Cook (1986) 68 ALR 353

Imbree v McNeilly [2008] HCA 40

Woolcock Street Investment Pty Ltd v CDG Pty Ltd (2004) 81-742

Journals and Articles

Ahmed, R. (2021). The Standard of the Reasonable Person in Determining Negligence – Comparative Conclusions. Potchefstroom Electronic Law Journal, 24, 1-55. https://doi.org/10.17159/1727-3781/2021/v24i0a8631

Smyth, R., & Nielsen, I. (2019). The Citation Practices of the High Court of Australia, 1905–2015. Federal Law Review, 47(4), 655-695. https://doi.org/10.1177/0067205x19875030

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