PRETEXT:

You have secured a competitive internship with ClickTryBuy ('CTB'). CTB is a start-up business, based in Wollongong, that designs augmented reality (AR) software for use in online retail stores. CTB's software suite allows customers to 'hold', 'inspect' and 'try on' 3D renderings of products before they make a purchase. Within your first rotation through the company, you have been assigned to work with a team that is performing risk and compliance assessments for the company's latest AR software: Change Room 3.0. Your supervisor, Che, has just emailed you the following urgent task:

Dear Intern,

To fulfil our 2022 risk assessment strategy, our team is required to investigate whether all aspects of CTB's new AR software - Change Room 3.0 - comply with Australian laws and regulations. Since you are currently studying 'LAW101' at university, we would like you to tackle some preliminary questions concerning the legal and regulatory context of this software.

Q4. An article in Tech News Online reports that one of our competitors, operating in New Zealand (NZ), was recently sued for engaging in 'misleading practices'*. We think it is important to explore whether similar lawsuits have occurred in Australia. To provide further context to this inquiry, describe:

(a) The role of the judiciary and case law within the Australian legal system;

(b) The circumstances in which a decision of an Australian court will be considered to form a binding precedent, commenting on whether the NZ decision described above would be considered relevant to Australian law; and

(c) Whether all parts of a judge's written decision are considered binding law?