Business Law Assignment

Running head: BUSINESS LAW ASSIGNMENT
BUSINESS LAW ASSIGNMENT
Name of the Student:
Name of the University:
Author Note:

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BUSINESS LAW ASSIGNMENT
Introduction:
Question 1:
a) An example of court is New South Wales District Court and that of a non- judicial
tribunal is New South Wales Administrative Appeals Tribunal. Both of them are of the same
jurisdiction.
b) The New South Wales Administrative Appeals Tribunal is a non judicial tribunal.
Thus the right to appeal is available to the parties if they are not satisfied by the decision made
by it on points of law. The parties may make an application of appeal within 21 days from the
date of the decision to the court of appeal. However such decision must include any question of
law. Decisions cannot be appealed unless it involves any question of law. The tribunal is also
bound by the decision of its superior court. It follows the principles of precedent.
On the other hand, when a party is aggrieved as well deprived by the decision of the New
South Wales District court, it can also make an appeal to that decision in the superior court. It is
not necessary that such decision must include a question of law. Again, this court is bound by the
doctrine of precedence, that is, it is bound to follow the decision of its superior courts. It may
overrule or may not follow the decision of courts of same hierarchy.
Thus both of them are linked together by the rights to appeal and the doctrine of
precedent (Davies & Neal ,2016).
c) The differences between a court and administrative tribunal are as follows: firstly, the
administrative tribunals mainly deal with a particular type of disputes only like cases having
disputes related to administration. While courts deal with and resolve cases of all types.

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BUSINESS LAW ASSIGNMENT
Secondly, tribunals are set up to be less formal. The process of adjudication involved here is
informal, less expensive and very fast as compared to courts. Thirdly, the persons who decide in
the tribunals are called adjudicators and they have special knowledge about the matter they
decide. Cases in the courts are judged by persons called judges and they have overall knowledge
about law, not any particular expertise about the matter they are judging. Fourthly, the course are
established to resolve disputes in a traditional way, whereas the tribunals are established to
provide alternative method to resolve disputes to lessen the burden of cases on courts. Fifthly,
the courts deal with all type of offences and disputes whereas the tribunals mainly deal with civil
cases and petty offences. Sixthly, the tribunals use Alternate Dispute Resolution method of
arbitration and mediation to adjudicate the cases while the courts follow the traditional age old
system of adjudication (Weinberg, 2018). Seventhly, the courts are very old institution of every
country as compared to the tribunals that are comparatively new in the judicial system.
The similarities between a court and tribunal are both them hear and resolved disputes of
the common people.
Question 2:
1) In Australia, the High Court is bound by the decisions of the Court of Appeal and the
House of Lords. However, it is not bound by the decision given by other High Courts. A court
must always supply reasons for its decisions. But most of the courts follow their own decisions.
In common law legal system, courts generally follow the precedents. Precedents are set of rules
or decisions given by a court that are followed by other courts or same courts in similar
subsequent cases. The principle which binds the judges to precedents is known as stare decisis.
In the case of Perre v Apand, Justice McHugh of the high court of Australia stated that the courts
may follow the precedents in subsequent cases as an example.