CAN PROMISSORY ESTOPPEL BE AN INDEPENDENT SOURCE OF RIGHTS?

This article addresses persistent uncertainty in relation to the question, 'Can promissory estoppel be an independent source of rights under Australian law?' A split has developed between intermediate courts of appeals in some jurisdictions on this question. This article considers the operation of stare decisis in relation to a decision of an intermediate appellate court that departs from the ratio of the High Court, and the approach which is likely to be taken by the High Court to resolving the conflict between the states.