QLD Using NSW Ruling as Precedent or Evidence in Queensland Court?

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Michael West

Member
1 December 2016
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I have a question about precedent and how it is applied in Australia in general and Queensland in particular. Can a decision or ruling made in a NSW court be used as precedent in a QLD court?

E.G: If a NSW court finds a person/institution culpable in a given situation, could I present that as evidence that the same situation applies here in Queensland?
 

Rod

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27 May 2014
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Not necessarily. Depends on what it is, whether the relevant statute laws are different in QLD and NSW, whether the NSW ruling is higher up the court hierarchy and whether the facts of the two cases are sufficiently similar.

A straightforward answer is not possible.
 

@thelawbundle

Well-Known Member
27 October 2014
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Brisbane, QLD
Michael,

Generally - rulings from other States are not binding on Queensland Courts (when we're referring to State-based legislation - which is what I assume you're referring to).

This is because a person might be found guilty of an offence under a section of a NSW Act - but there will not necessarily be a corresponding section under the Queensland legislation (and so a QLD judge might distinguish between your case and the NSW case on the basis that there are different elements to the offence, even if the facts are similar).

That said - the States do sometimes have very similar Acts (because some Acts were made having regard to a "model Act", for example). Where this is the case, the general rule is that the QLD Court will not be bound by a NSW Court ruling (as a precedent) but the NSW case is likely to be persuasive as to how the QLD judge approaches the matter - especially if it is a NSW Supreme Court or Court of Appeal ruling.

And so, whilst you might not be able to present the NSW case as your "trump card" as to how the judge must approach your case in QLD - it might help to mention it in your submissions, for example.

Someone on this forum can probably advise you further if you can let us know the relevant facts and NSW case that you're referring to. As Rod says - there are quite a few issues that would still need to be considered here before someone could give you a solid answer.

Best wishes.
 

Michael West

Member
1 December 2016
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0
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Thank you for your repies. I cannot get more specific without the permission of a third party so I will have to leave it there.