In general matters, however, section 74 did not prevent the Privy Council from granting leave to appeal against the High Court’s wishes and the Council did so often. In some cases the Council acknowledged that the Australian common law had developed differently from English law and thus did not apply its own principles (for example, in Australian Consolidated Press Ltd v Uren (1967),[14] or in Viro v The Queen (1978)),[15] by using a legal fiction that stated that different common law can apply to different circumstances.[16] However, in other cases, the Privy Council enforced English decisions, over ruling decisions by the High Court. As noted above, the High Court indicated in 1985 it would not grant such a certificate in the future and it is practically certain that all future High Courts will maintain this policy.
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