QUESTION 10

1. You are a Judge in the Queensland Supreme Court, hearing a matter at first instance. You are in the process of writing a lengthy judgment in relation to a complex contractual matter. You are reading a judicial decision written one year earlier by Justice Donoghue of the High Court of Australia. You reach a section of the judgment which reads: "I would also like to note the following. The outcome of this case would be totally different, had the Defendant first obtained the advice of a solicitor before entering into the contract." This continues for 5 pages. You are aware that these comments are directly relevant to your current matter. Are you bound to follow Justice Donoghue's reasoning?
2. a.No, because it is obiter dicta.
3. b.Yes, because according to the doctrine of precedent, a Judge is bound by the decision of a Judge in a higher court in the same hierarchy. In this case, these comments are found in a judgment of a Justice of the High Court of Australia which is the highest court in the country.
4. c.No, because the High Court of Australia is not in the same court hierarchy as the Queensland Supreme Court.
5. d.No, because the doctrine of precedent does not have to be strictly applied to a High Court of Australia decision.
6. e.Yes, because it is the ratio decidendi.