Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia This is the prescribed textbook for your course. Available NOW at your campus bookstore!

Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. The Australian court system Chapter 2

Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 2-2 Doctrine of precedent (Stare decisis) Courts should treat similar cases in similar fashion. Results in: Precedent - a judgement of a court cited as authority for the legal principle embodied in the decision.

Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 2-3 Basis of precedent Ratio decidendi - The reason for the decision made by the judges Obiter dictum - Observations made by judges in explaining or further clarifying their decisions

Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 2-4 Precedents Binding Precedent - Courts must follow the ratio decidendi of judgements made in higher courts in the same court hierarchy. Persuasive Precedent - Courts may follow the ratio decidendi of all other courts not higher in the same court hierarchy, or the obiter dicta of all courts.

Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 2-5 Jurisdiction Original Jurisdiction - Certain matters can be heard for the first time. Appellate Jurisdiction - Hearing a matter on appeal from another court.

Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 2-6 Importance of a court hierarchy Serious matters are heard by higher courts with more experienced judges. Ensures doctrine of precedent can operate through appellate jurisdiction. Allows appeals against decisions on the basis of mistakes of law. Allows for specialisation.

Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 2-7 Court hierarchy High Court of Australia Federal Court of Australia Industrial Division General Division Family Court of Australia Federal Magistrates Court Supreme Courts District Courts Magistrates and Local Courts

Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 2-8 Specialist tribunals Federal levels The Administrative Appeals Tribunal – Reviews decisions of Commonwealth Departments and Statutory Bodies The Australian Competition and Consumer Commission (ACCC) – Enforces the restrictive trade practices provisions and the consumer protection provisions of the Trade Practices Act The Australian Competition Tribunal – Hears Authorisation applications The Native Title Tribunal – deals with Native Title applications Australian Industrial Relations Commission (AIRC) – Prevents and settles disputes, determines industrial matters, and may approve statutory employment agreements

Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 2-9 Specialist tribunals State levels Small Claims Tribunals – for consumers to complain about activities of traders Industrial Relations Commissions – prevent and settle disputes, determine industrial matters, and may approve statutory employment agreements

Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 2-10 Adversary system of justice Standard of proof - the degree of proof required in order to succeed in a legal action Burden of proof - the party that is required to prove its cause (in a legal proceeding)

Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 2-11 Adversary system of justice

Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 2-12 Cross-vesting laws State courts can exercise jurisdiction over Federal matters and Federal courts can exercise jurisdiction over State matters

Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 2-13 Commonwealth Acts Interpretation Act 1901 S15 AA (1) “In the interpretation of a provision of an Act a construction that would promote the purpose or object underlying the Act (whether that purpose or object is expressly stated in the Act or not) shall be preferred to a construction that would not promote that purpose or object.” Rules of Statutory Interpretation

Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 2-14 Rules of Statutory interpretation The literal rule: The Courts are to interpret the words used in an Act of Parliament literally as far as they can, i.e. they must give the words used in statutes the same meaning that they have in every day use.

Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 2-15 Rules of Statutory interpretation The Golden Rule: The courts may depart from a literal reading of the Act to prevent an absurd result.

Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 2-16 Rules of Statutory interpretation The purpose approach: Where a literal interpretation is not possible (e.g. the words are ambiguous) the court may interpret the statute according to the original purpose or policy underlying its enactment. (Information behind Statute can be used in order to understand what was meant to be achieved.)

Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 2-17 General rules of interpretation Legislation is not intended to be retrospective. Where there are several matters specifically dealt with by a statute, matters not stated are not intended to be covered. Where there is reference to both general and specific matters, the general matters are limited to matters of a similar nature or class to the specific matters.

Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 2-18 General rules of interpretation Technical words used in a statute are to be given their technical meaning. If there is conflict between a general and a specific provision in the statute, the specific provision should receive precedence.

Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 2-19 Citation of cases A case in support of a legal principle is cited by quoting the names of the parties and giving a reference to the law report where the case can be found.

Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher. Slides prepared by Kay Fanning. Copyright © 2000 McGraw-Hill Australia 2-20 Example of citation of cases Plaintiff (person bringing action) Defendant (person against whom action bought) Norwich Winterhur Insurance (Aust) Ltd v Harold Smith (Motors), Ltd Dick Bentley Productions, Ltd and Another (1965) 2 ALLER 65 Page Year case Volume Relevant decided law Report