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The Australian legal practice is founded on the common law system, which is a set of rules and principles that have been developed and refined over many centuries. The common law is based on the decisions of judges in court cases rather than on legislation.
In Australia, the two main sources of law are statute law (laws made by Parliament) and common law (the principles developed by the courts). Many areas of law, such as contract law and criminal law, are primarily governed by statute law. However, in some areas of law, such as equity and trusts, the common law is still very important.
Australian legal practice: The Overview
There are three levels of courts in Australia: federal courts, state and territory courts, and local courts. The High Court of Australia is the final court of appeal.
Federal courts include the Federal Court of Australia, the Family Court of Australia and the Federal Circuit Court of Australia. State and territory courts include the Supreme Court, the District Court and the Local Court (Magistrates’ Court) in each state or territory.
There are also several specialist courts, such as the Coroners Court and the Children’s Court. Some tribunals also have the power to hear legal disputes, such as the Administrative Appeals Tribunal (AAT) and Fair Work Commission (FWC).
The Australian legal system is complex, and it can be difficult to know where to start if you need to resolve a legal problem. This website will give you some basic information about the Australian legal system and how it works.
The Three Branches of Government:
Australia’s three branches of government are the executive, the legislature and the judiciary.
The executive is responsible for the day-to-day administration of the government. It is made up of the Prime Minister, Cabinet Ministers and government departments.
The legislature (Parliament) is responsible for making laws. Parliament is made up of two houses: the House of Representatives and the Senate. The people elect members of Parliament (MPs) to represent them and their interests in Parliament.
The judiciary is responsible for interpreting and applying the law. The main court in Australia is the High Court of Australia. There are also federal, state and territory courts. The executive government appoints judges.
The Legal System:
The legal system in Australia is based on the common law system. This means that the law is not always written down in legislation but is developed through court cases. Judges decide how the law should be applied in specific cases before them. These decisions become precedents that other courts must follow in similar cases.
The common law system is different from the civil law system used in many other countries. In a civil law system, the law is primarily codified in legislation. This means that the law is written down in laws passed by Parliament. Judges must apply the law as it is written and cannot make decisions that go against the legislation.
How Courts Work:
Courts in Australia are independent of the executive and legislature. This means they are not influenced by the government of the day or Parliament. The judiciary is responsible for interpreting and applying the law and for ensuring that justice is done.
Conclusion:
Australian law is sophisticated, and it might be difficult to know where to begin if you’re facing a legal issue. However, understanding how the system works can help you to navigate your way through it. If you need further help, you should seek advice from a lawyer or other legal professional. They are trained in the law and can give you specific advice about your case.
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