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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.
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 .
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.
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 ...
In Kruger v Commonwealth, decided in 1997, also known as the Stolen Generation Case, the High Court of Australia rejected a challenge to the validity of legislation applying in the Northern Territory between 1918 and 1957 which authorised the removal of Aboriginal children from their families.
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.
R v Symonds (The Queen v Symonds) was an 1847 New Zealand Supreme Court [a] case that incorporated the concept of aboriginal title into New Zealand law and upheld the government's pre-emptive right of purchase to Māori land deriving from the common law and expressed in the Treaty of Waitangi.
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Legal cases regarding Australian constitutional law are often handled by the High Court of Australia, the highest court in the Australian judicial system. Several major doctrines of Australian ...