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  • [145] Single judges of the Federal Court are not bound by decisions of previous single judges sitting at first instance. It is often said that a single judge of first instance will usually follow the decision of another judge of first instance of the same jurisdiction as a matter of “judicial comity” unless “convinced” the earlier decision is wrong, or “clearly” or “plainly” wrong. Many of the cases stemming from Burchett J’s decision in La Macchia v Minister for Primary Industries and Energy (1992) 110 ALR 201 at 204 were helpfully collected by Wheelahan J in CRS20 v Secretary, Department of Home Affairs [2024] FCA 619 at [256]–[262].

    [146] In my view there are two difficulties with such statements…

  • The NSW Supreme Court is teaching court reporting to journalism students with the help of former judge Richard Button. Capital Brief sat in on the latest lecture.

  • This video discusses the lead-up to the Australian 1974 double dissolution election and the joint sitting. It discusses the Gair affair, where there was an attempt to manipulate the Senate numbers by appointing a DLP Senator as Ambassador to Ireland. It explains how it all went wrong and how the Governor-General was twice given legal advice that was contrary to what was later claimed in Parliament.

  • A searchable database of every adjudication decision under the BIF Act and BCIPA back to 2004 (~7,300 decisions total). You can run full-text, Boolean and proximity searches (AND, OR, NOT, w/n etc.), enabling you to zero in on the decisions relevant to your matter.

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