When is the Federal Magistrates Court Bound by the Federal Court

This article considers the precedential status in the Federal Magistrates Court (FMC) of decisions by the Federal Court. In this respect, the Federal Court raises complex questions for the doctrine of precedent. In addition to hearing appeals from the FMC, it has original jurisdiction and other appellate jurisdiction. Does its other work also bind the FMC? Two Full Courts have considered the question and pointed to different answers. This article submits that, by applying a rule of precedent concerning the Privy Council, the FMC is bound at all times. Further, it is bound by both rationes decidendi and authoritative obiter. However, the FMC has significant latitude to depart from Federal Court decisions for inconsistency with other authorities.