Sources of contemporary Australian law

Adversarial system

A legal system in which the parties to a court case are opponents who must prove their version of events to 'win' the case, with the judge acting as an impartial observer.

Common law

A system of law developed in England by judges administering a common set of laws throughout the kingdom, which continues to be created by recording the outcome and reasoning of each judgment (precedent).

Equity

A body of law that supplements the common law, historically developed in England from a separate system of courts based on religious law, correcting injustices by applying principles of fairness.

Doctrine of precedent

The basis of Australia's system of common law, where the reason for a court's decision becomes a precedent for future cases, creating a body of case law that is applied in future judgments.

Court hierarchy

The structure of courts in Australia, with three tiers in the NSW court system (lower, intermediate, and superior courts) and a similar hierarchy in the federal court system.

Statute law

Law made by parliament, commonly known as legislation or Acts of parliament, which overrides common law.

Legislative process

The process of passing legislation in parliament, involving the proposal of a new law (bill), public scrutiny, and signing by the Governor-General to become an Act of Parliament.

Constitution

The legal framework and rules that apply to the governance of Australia, outlining the division of powers between the Commonwealth and states, and creating the states, the Commonwealth, and the federal parliament.

Separation of powers

The doctrine that ensures the powers of government are divided among the legislature (parliament), executive (ministers and government departments), and judiciary (judges and courts) to prevent concentration and abuse of power.

High Court of Australia

The highest court in Australia, with original jurisdiction to hear new matters and appellate jurisdiction to hear appeals from other courts, including cases involving interpretation of the Constitution.