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Farah Constructions v Say-Dee Pty Ltd, also known as Farah, is a decision of the High Court of Australia. [1] The case was influential in developing Australian legal doctrines relating to equity, property, unjust enrichment, and constructive trusts, [2] as well as the doctrine of precedent as it applies in Australia.
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. [1] [2] [3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
The doctrine of precedent developed during the 12th and 13th centuries, [52] as the collective judicial decisions that were based in tradition, custom and precedent. [ 53 ] The form of reasoning used in common law is known as casuistry or case-based reasoning .
Module:Location map/data/Australia and New Zealand is a location map definition used to overlay markers and labels on an equirectangular projection map of Australia and New Zealand. The markers are placed by latitude and longitude coordinates on the default map or a similar map image.
Proposals to abolish appeals to the Privy Council in New Zealand were first put forward in the early 1980s. [82] The Privy Council's respect for local decisions was noted by Lord Brightman in 1985 in regard to the possible adoption of a New Zealand decision, in the case of Archer v. Cutler (1980), as a precedent, where he stated that: If Archer v.
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Common law is practiced in Canada (excluding Quebec), Australia, New Zealand, most of the United Kingdom (England, Wales, and Northern Ireland), South Africa, Ireland, India (excluding Goa and Puducherry), [27] Pakistan, Hong Kong, the United States (on state and territorial levels excluding Louisiana and Puerto Rico), Bangladesh, and many ...
Kable v DPP, [1] is a decision of the High Court of Australia.It is a significant case in Australian constitutional law. The case is notable for having established the 'Kable Doctrine', a precept in Australian law with relevance to numerous important legal issues; including the separation of powers, parliamentary sovereignty, Australian federalism, and the judicial role.