Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:


AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

caselaw protocols

 Post Reply Post Reply
  Topic Search Topic Search  Topic Options Topic Options
Leroybrown View Drop Down

Joined: 21/March/2017
Location: Australia
Posts: 1
  Quote Leroybrown Quote  Post ReplyReply Direct Link To This Post Topic: caselaw protocols
    Posted: 21/March/2017 at 11:54
Hi, can anyone tell me if an NCAT Tribunal Member can make a decision on a matter if the respondent is relying on caselaw from that actual Tribunal Member?

What I mean is:

A tribunal member makes a statement / decision for Matter 1.

In matter 2, the respondent refers to the case law quoted in matter 1 by the same Tribunal Member.

Is that allowable? Can a Tribunal Member make a decision based on his prior decision? Is that some kind of conflict of interest or procedural / jurisdictional error?

I am not a solicitor but in my world such a thing would be considered a conflict of interest at the minimum.

Thank you.

NotGuilty View Drop Down
Legal Guru
Legal Guru

Joined: 19/February/2008
Location: ACT
Posts: 1139
  Quote NotGuilty Quote  Post ReplyReply Direct Link To This Post Posted: 20/April/2017 at 14:32
There is no conflict of interest whatsoever.

A tribunal member, magistrate or judge can use their previous decision to support their present decision.
This post does not constitute legal advice and cannot be relied upon.

MWilder View Drop Down

Joined: 23/March/2017
Location: Australia
Posts: 9
  Quote MWilder Quote  Post ReplyReply Direct Link To This Post Posted: 02/May/2017 at 03:03
Supporting your decision with a similar past decision sounds like logical consistency, not a "conflict of interest".

Think about it this way: If you were not referencing what you have done in the past to inform your decisions in the present, then what would you base your decisions on?

Either you would never be able to deal with the same type of situation twice, or you would have to force yourself to take on a new interpretation of reality every time you were confronted with the same issue.

I think your issue is the circular logic that, "I did this in the past, so that means that because I did it then, it was right then and is right now."

Granted it sounds very similar to the "because I said so" argument. But that is the law for you.

And like I explained it comes down to consistency. If the law was "because I said so", and could be arbitrarily changed without people being able to talk about past decisions, there would be no enforceable justice.

Now, if the two decisions are not dealing with two cases that are perfectly xogous, you might be able to build a defense. You can use precedent just like anyone else.

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.