Litigation is the resolution of disputes through the courts. It involves all legal issues, such as civil disputes, criminal matters, and administrative law challenges. Appeals are when a party objects to a decision of a lower court, requesting a review by a higher court. Appeals in Australia can be lodged with the Federal Court of Australia, the High Court of Australia, and state and territory courts, depending on the jurisdiction and type of case.
The appeals process guarantees that there is an opportunity to rectify mistakes of law or procedure, ultimately improving legal principles and ensuring justice. Where an appeal succeeds, it may create a precedent that has to be followed by lower courts, depending on the level of the court within the judicial hierarchy.
What Is Legal Precedent?
Legal precedent is the previous judicial rulings that are used to direct future decisions in comparable cases. The principle of stare decisis (meaning "to stand by things decided") provides consistency and predictability to the legal system. Precedents can be divided into two categories:
Binding Precedent: Lower courts are bound to follow rulings of higher courts in the same jurisdiction. For instance, decisions by the High Court of Australia are binding on all lower courts.
Persuasive Precedent: A decision by another jurisdiction's courts or lower court within the same jurisdiction can help shape, though not require, future decisions.
How Can a Successful Appeal Create Legal Precedent
A successful appeal can establish a new legal precedent if the ruling of the appellate court brings a new interpretation of the law, resolves an unclear legal principle, or reverses an old precedent. A number of important factors decide whether an appeal will set a precedent:
Court Hierarchy: Rulings by superior courts, for example, the High Court of Australia, create binding precedent for all inferior courts. Appellate rulings by inferior courts, on the other hand, can only be persuasive precedent.
Nature of the Case: Precedents are more likely to arise from cases with constitutional questions, important questions of law that are unclear, or changing social and economic conditions.
Judicial Reasoning: The reasoning and analysis of the court in an appeal ruling determine its precedential significance. Courts take into account legislative intent, prior case law, and policy considerations.
High-Profile Cases Where Appeals Established Legal Precedents
When deciding between an appeal on the papers and an oral appeal, several factors should be considered:
Mabo v Queensland (No. 2) (1992)In this landmark case, the High Court of Australia reversed the doctrine of terra nullius, acknowledging the Indigenous Australians' land rights. This appeal set a core precedent in Australian property law and resulted in the Native Title Act 1993.
Cole v South Tweed Heads Rugby League Football Club (2004)This case established the duty of care that licensed venues owe to patrons who are intoxicated. The High Court held that the club was not negligent in injuries to an intoxicated patron, establishing a precedent in the law of negligence.
Love v Commonwealth; Thoms v Commonwealth (2020)This appeal determined that Indigenous Australians cannot be treated as "aliens" under the Australian Constitution, affecting immigration law and indigenous rights.
Binding vs Persuasive Precedent in Appeals
Although a successful appeal can set a precedent, not all appellate rulings carry the same authority. The difference between binding and persuasive precedents is significant:
Binding Precedents: If the appeal is determined by the High Court of Australia, its decision must be adhered to by all Australian courts.
Persuasive Precedents: If the appeal is determined in a state or federal court of appeals, the ruling may persuade but not necessarily bind other jurisdictions.
For example, a New South Wales Court of Appeal decision could be persuasive authority for Victorian courts, but not binding without adoption by the High Court.
The Role of Judicial Discretion
Judges have a pivotal role in deciding whether an appellate ruling will create a precedent. Judicial discretion permits judges to construe and enforce laws in a manner that accommodates changing social norms. Courts can differentiate a case from earlier decisions if they discover substantial factual or legal distinctions, restricting the precedential value of a successful appeal.
Difficulties in Creating New Legal Precedents
Establishing a new legal precedent by way of an appeal is not easy. There are a number of challenges:
Legal Sophistication: Certain cases have complex legal principles that need thorough judicial examination prior to establishing a precedent.
Divergent Judicial Views: Judges might have different views on the law, resulting in divided decisions that restrict the precedential value of an appeal.
Legislative Overriding: In certain instances, Parliament might enact new legislation that overrules the impact of a judicial precedent.
The Future of Precedent in Australian Litigation
The development of legal precedent in Australia remains influenced by successful appeals. As society evolves, new issues emerge in fields like digital privacy, environmental law, and corporate responsibility. Appellate courts are central to evolving legal principles to meet modern issues, keeping the legal system relevant and fair.
A successful appeal can actually generate new legal precedent in Australia, as long as it is decided by a superior court and enunciates an important legal principle. The effect of litigation on case law provides for the ongoing evolution of the legal system, affirming justice and fairness.
If you are litigating or planning to appeal, it is essential to understand the possible ramifications. Engaging in expert legal advice from practitioners such as New South Lawyers will guide you through the intricacies of the appeal process and make your case strong and efficient.
Contact New South Lawyers today to assist you with expert litigation and case law advice. We can assist you in making your way through the legal framework and ensuring your case has the best possible result.
