High Court (HCA). Can an intermediate appellate court depart from seriously considered dicta of a majority of the HCA? How should an intermediate appellate court nor a trial judge treat decisions of another intermediate appellate court?
Some of the questions to the HCA were as follows:
Question 1: Can an intermediate appellate court depart from seriously considered dicta of a majority of the HCA?
Question 2: Can it be said that "neither an intermediate appellate court nor a trial judge should depart from a decision of another intermediate appellate court on the interpretation of Commonwealth legislation, uniform national legislation or the common law of Australia unless convinced that the interpretation is plainly wrong or, to use a different expression, unless there is a compelling reason to do so"?
Question 3: Can it be said that "intermediate appellate courts and trial judges are not bound to follow obiter dicta of other intermediate appellate courts, although they would ordinarily be expected to give great weight to them"?
The HCA answered those questions as follows:
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