[12] This principle was reaffirmed by the High Court in Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89, 151 – 152. The High Court said that intermediate appellate courts (and trial judges) should follow decisions of other intermediate appellate courts, and the seriously considered dicta of the High Court. [13] Director of Public Prosecutions (Vic) v Patrick Stevedores Holdings Pty Ltd [2012] VSCA 300 at [127] and Waller v Waller [2009] WASCA 61 at [41] suggest that the relevant “decision” of earlier intermediate appellate courts that is required to be followed by later intermediate appellate courts means the ratio decidendi, not merely dicta. But contrast McKern v Minister Administering The Mining Act 1978 (WA) [2010] VSCA 140, [6] and [114].
- Albert Monichino QC
ABOUT THE AUTHOR
B.Ec, LLB (Hons), LLM, Grad Dip Intell Prop
Albert practises as a barrister, arbitrator and mediator practicing in Australia. He has over 20 years experience. He is a Grade 1 arbitrator and is accredited as an advanced mediator. He was appointed Senior Counsel in 2010.
Albert is a principal arbitrator and mediator with NZDRC. For more on Albert Monichino, click here.
Call for Proposals AMINZ ANNUAL CONFERENCE Auckland 27-29 July 2017
The Institute warmly invites submissions for proposals for the 2017 AMINZ conference. The 2017 conference will be firmly focussed on future growth with the theme Ready Set Grow. All proposals must reflect the conference theme.
Key dates: 10 February: Closing date for proposals Early April: Advice of acceptance of proposals Late April: You advise us of your technical needs Early May: Registrations open and the programme published 27 June: Early bird registrations close 14 July: Presentations to be received by AMINZ 27 – 29 July: Conference
If you wish to have a proposal considered for inclusion in the 2017 conference programme, please submit it to AMINZ by 10 February 2017. All submissions should be emailed, on the proposal form to [email protected]
Further information: 0800 4AMINZ (0800 426 469) or [email protected]