Helen, a barrister, is appearing for a client in the Magistrates’ Court at Ringwood. She has read two important cases which relate to her client’s matter, but the rationes contradict each other. One decision is from the County Court of Victoria in 1972, the other decision is from the Supreme Court of South Australia in 2003. Should she argue that the Magistrates’ Court at Ringwood must:

Question

Answer

Ignore the County Court decision because it is older than the Supreme Court decision?

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Subsume the Supreme Court decision because it is higher than the County Court?

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Repeal the County Court decision because it was made prior to the  Australia Act   1986 ?

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Follow the County Court decision because it is in the same hierarchy?

Crowdly

Helen, a barrister, is appearing for a client in the Magistrates’ Court at Ringw...

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