Assignment Task:
The case study involves researching legal cases and legislation:
You must identify inconsistencies between laws and include a description of how you would revise and resolve the conflicts between laws according to either the hierarchy of sources of law or the hierarchy of courts.
Respond to each of the following questions regarding this case.
1 Explain how the principles of precedent were applied in the case and the outcomes that ensued.
2 Resolve the conflicts between pieces of common law with reference to the Court hierarchy that exists in the Australian legal system.
3 Resolve the conflicts between Australian statute and Australian common law with reference to the hierarchy of the sources of law in the Australian legal system.
4 Resolve the conflicts between pieces of Australian statute with reference to the hierarchy of the sources of law in the Australian legal system.
5 Bibliography - Use the Footnotes referencing system to provide a list of sources you used to complete the report.
When considering your response to each question please refer to the following cases / legislation:
Q1 Mabo v Queensland (No.2) [1992] HCA 23, Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141
Q2 DPP v George Pell [2019] VCC 260, Pell v The Queen [2020] HCA 12
Q3 ACCC v Jetstar Airways Pty Ltd [2019] FCA 797, Competition and Consumer Act 2010 (Cth) sch 2 ('Australian Consumer Law') s 18
Q4 McBain v State of Victoria [2000] FCA 1009
Criteria for assessment
1. The student has explained how the principles of precedent were applied in the case and the outcomes that ensued.
2. The student has resolved the conflicts between pieces of common law with reference to the Court hierarchy that exists in the Australian legal system.
3. The student has resolved the conflicts between Australian statute and Australian common law with reference to the hierarchy of the sources of law in the Australian legal system.
4. The student has resolved the conflicts between pieces of Australian statute with reference to the hierarchy of the sources of law in the Australian legal system.