Disapproval of precedent – Trigwell Case

Disapproving a precedent is a strong signal from the courts that a law or previous precedent is ‘outdated.’

It is an excellent strength the court has in being a law-maker. Courts on the same level in the hierarchy can disapprove previous precedent.

Both precedents will continue to operate until a higher court clarifies these decisions.

In Trigwell, Justice Mason gave advice that was followed by the State Government of Victoria.