Contemporary Sources of Australian Law

Common Law

Legal system in Australia inherited from the United Kingdom, developed by judges on a case by case basis, building on precedent and interpretation of earlier court decisions

Equity

Developed in England as a separate system of courts based on religious law to correct injustices by applying principles of fairness

Adversarial System

Legal system where two opposing sides present arguments and evidence to an impartial judge or jury who makes a decision.

Inquisitorial System

Legal system where the court or a part of the court is actively involved in investigating the facts of the case.

Doctrine of Precedent

Basis of Australia's common law system where court decisions become precedents for future cases, creating a body of case law.

Trial by Ordeal

Historical legal practice where the innocence of the accused was determined by completing a painful task without injury or death.

Judge

Public official with authority to hear cases in a court of law, pronounce judgment, and explain complex legal matters to the jury.

Magistrate

Official who sits in the local court, hears a large number of cases, and may decide penalties or guilt.

Binding Precedent

Precedent that must be followed by lower courts as they are bound by the decisions of higher courts.

Persuasive Precedent

Precedent that is not binding but can influence court decisions.

Stare decisis

Legal principle of determining points in litigation according to precedent.

Ratio Decidendi

The legal reasoning behind a court's decision that establishes a precedent.

Obiter Dicta

Comments made by a judge in a legal opinion that are not essential to the decision and do not establish precedent.

Defamation Jurisdiction

The authority of a court to hear cases related to defamation.

Summary Offences

Minor criminal offenses like loitering, usually dealt with in lower courts.

Indictable Offences

Serious criminal offenses like assault and murder, dealt with in higher courts.

Coroner's Court

Investigates unnatural deaths and fire origins

Children's Court

Handles child protection and under 18 criminal cases

Land and Environment Court

Specializes in environmental law and planning

District Court

Hears serious civil and criminal cases

Supreme Court

Highest court, deals with serious cases and appeals

Federal Circuit Court

Established in 1999, handles civil matters

Federal Court

Deals with federal law disputes and some crimes

High Court of Australia

Highest court, presides over constitutional matters

Family Court of Australia

Specializes in family law and custody cases

Court Etiquette

Rules and consequences of courtroom behavior

Mabo vs Queensland (No 2)

Landmark case recognizing indigenous land rights

Statute Law

Law made by parliament, overrides common law

Bicameral Parliament

Two-house system for state and federal parliaments

Bill

Proposed new law before it becomes legislation

Prime Minister Selection

Determined in Australia through a specific process

Ministers' Role

Responsibilities in the lower house

Legislative Process

Process of passing legislation in parliament

Act of Parliament

Bill signed by Governor-General becomes law

Delegated Legislation

Laws made by authorities other than parliament

Concurrent Powers

Powers shared by Commonwealth and states

Exclusive Powers

Powers only held by either Commonwealth or states

Residual Powers

Powers not granted to federal government by Constitution

Tasmanian Dam Case

Legal case involving state and federal powers

Referendum

Vote by the public to approve a change in law

Separation of Powers

Division of government powers into three branches

Mandatory Sentencing

Imposing fixed sentences for specific crimes

Checks and Balances

System to prevent concentration of power

Amendment

Change or addition to existing law

Constitution Act

Outlines legal framework and governance rules

Section 51 & 52

Establishes the number of federal and exclusive powers in the Constitution

External Affairs Power

Federal power to legislate on international matters

Original Jurisdiction

Authority to hear new legal matters

Appellate Jurisdiction

Authority to hear appeals from lower courts

Legislature

Branch of government responsible for making laws

Executive

Branch of government responsible for law administration

Judiciary

Branch of government responsible for interpreting laws

Judicial Review

A process where a court decides on the lawfulness of a decision made by the Australian Government or a government department.

Administrative Appeals Tribunal

An efficient way to appeal a government decision that can review the merits of a decision.

Mabo v Queensland

A case challenging the validity of the Queensland Coast Islands Declaratory Act 1985, impacting native title rights of Indigenous people.

Aboriginal and Torres Strait Islander Peoples' customary laws

Laws based on tradition, ritual, and socially accepted conduct, known as 'customary law'.

Terra Nullius

A legal claim that the land was 'belonging to no one' under international law, impacting Indigenous land ownership.

Customary Laws

Laws applied in indigenous Australian societies, with no single law applied throughout the continent.

Diverse

Wide range in differences and nuance between the breadth of laws applied in indigenous Australian societies.

Clan-based

Laws based on the tribal groups over which the laws were particular and relevant.

Elder

Indigenous elders who can be consulted in maintaining or enforcing the law.

State Sovereignty

The authority of a state to make rules for its population and enforce these rules.

International Law

Laws governing relationships between countries, regulating trade, commerce, and maintaining peace and security.

Customary international law

Based on traditions and customs seen as fair and right by the international community, binding on all states if found to exist.

Treaties

International agreements written and binding on countries that sign and ratify them, can be bilateral or multilateral.

United Nations

An international organization established in 1945 to maintain global peace and security, with 193 member states.

General Assembly

The representative body and discussion forum of the United Nations, composed of all UN member states.

Security Council

Responsible for maintaining world peace and security within the United Nations, with five permanent members.

International Court of Justice

The judicial body of the United Nations settling disputes submitted by states.

International Criminal Court

An organization focused on prosecuting individuals for genocide, war crimes, and crimes against humanity.

International treaties

Agreements between countries that, in Australia, require new legislation to become part of domestic law.

ICJ

The International Court of Justice, a judicial body settling disputes submitted by states.

UNESCO

United Nations Educational, Scientific and Cultural Organization, promoting peace, justice, and human rights.

UNEP

United Nations Environment Programme, working towards sustainable development and environmental protection.