3 Types of Law in Australia

If you`re studying or considering law, you`re probably already familiar with some of the types of lawyers and the different areas of law in which they operate. Therefore, with a variety of different types of law, there are different types of law courses. This guide will describe in more detail the different areas in which lawyers work and will unpack the different areas of law in Australia. This fact sheet presents the different types of laws that govern Australia – legislation enacted by Parliament, law delegated by the government and customary law by the courts. So what are the types of rights? How many types of lawyers are there in Australia? Here are some of the many areas in which lawyers operate: You now know the wide range of areas of law that exist! Although careers in the legal field vary, with all types of law, the path to entry into these areas of law is largely the same. Still curious about the types of laws? Would you like to learn more about the best way to get started in these areas of law? Contact us today! Australia is subject to different types of rights that are enacted and operate in different ways. The two main types of laws in Australia are laws or codified laws passed by state and federal parliaments and uncodified jurisdictions interpreted by judges in the judicial system. The statutes are adopted after a debate in parliament. They can only be amended by Parliament. Much of the case law stems from English common law, although it has evolved and changed somewhat over time. Although different states may have different laws, the case law is largely similar in each state. Administrative cases are often dealt with by specialized courts, but decisions may be reviewed by the courts.

The Australian Constitution is characterized by the fact that it does not contain a Bill of Rights and that explicit constitutional restrictions on Commonwealth power are minimal in number and scope. Nevertheless, certain limitations on Commonwealth power have been recognized by implications that have resulted in constitutional articles that do not deal with the establishment of rights. The provisions of articles 7 and 24 that the members of the respective commonwealth legislators are “directly elected by the people”; have been interpreted by the Supreme Court as leading to doctrines that protect freedom of political communication and the right to vote. [21] Reference to the Senate – the Senate may refer the text of the bill to a Senate committee for investigation (this may occur while the bill is in the House of Representatives). Labour law is a broad area in terms of employer-employee relations and aims to balance and protect the rights of both parties. It covers issues such as wages, unfair dismissals, employment contracts, the public sector, complaints of dismissal, sexual harassment, whistleblower protection and discrimination in the workplace. Administrative lawyers handle regulations and decision-making in relation to state and federal governments. For example, if a decision is made on laws that could harm citizens, such as a highway upgrade, an administrative lawyer could be appointed to defend the citizens concerned. Administrative law ensures that governments are accountable, with certain mechanisms in place such as performance review, investigations, internal practices of agencies and judicial review. On the other hand, with a few exceptions,[24] state legislators generally have the power to legislate on any subject. However, in the event of a conflict, federal laws apply in accordance with section 109 of the Constitution of Australia.

[25] Real estate and real estate law focuses on the rights and obligations of landowners and people working in the real estate sector. It deals with issues related to the sale and purchase of real estate, leasing, development, administration of real estate and joint ventures. The role of treaties in influencing the development of the common law is controversial. The text of a contract constitutes a valid aid to the interpretation of an act which is intended to give effect to that treaty. [38] Civil law deals with the regulation of private conduct between individuals, organizations and public authorities. Unlike criminal law, most civil laws are found at common law rather than statutory law. Intellectual property refers to the expression of ideas, while copyright refers to the expression of ideas in visual or acoustic form. Other forms of intellectual property include patents (such as inventions) and trademarks (such as a company name or jingle). Intellectual property lawyers ensure that the inventions or creations of a person or company are not exploited or used by other parties, which requires a very specific knowledge of the law, not only in Australia, but also in foreign laws. Financial and banking law refers to legal issues related to banking and financial transactions, including organizations involved in such transactions as contracts, mergers, acquisitions, liquidations and day-to-day banking matters that affect the general public. Since civil law deals with relationships, these are often contracts, which are agreements between the participants in the company that determine what the legal relationship between those participants will look like. [1] This can be used on a daily basis, for example when concluding a contract by taking a ticket in a car park or by clicking on “I accept” the general conditions of the Internet.

One of the main differences you will find is that between lawyers and lawyers who join the bar association. While many lawyers still appear in court, they also do a lot of work outside the courtroom, and some lawyers do no judicial work. Lawyers who join the Bar Association, on the other hand, work almost exclusively in courtrooms and are experts in complex litigation after conducting further studies, investigations and supervision. They are usually hired by lawyers and act directly with them and not with the client. Indigenous Australian customary law varied across language groups, clans and regions. [6] It has evolved over time from accepted moral norms within Indigenous societies. Laws regulated human behavior and relations, ordered penalties for misdeeds, and connected people through a system of relations with the country and with each other. [7] The importance to society of individuals and organizations that obey penal codes is also reflected in the fact that the government assumes responsibility for overseeing these laws by establishing a standing police force within the government (both at the state and federal levels). Such a law is often closely linked to customs, histories and cultural practices. These customs have been and are transmitted from one generation to the next by oral tradition, often incorporated into cultural works such as song lines, stories and dances.

A person can only be convicted of a crime if the decision-maker is satisfied that the prosecutor has “beyond any doubt” proven that the person committed the crime. This means that the prosecutor assumes the “burden of proof” or the responsibility to prove his or her case to the required standard. The standard of proof in criminal cases is “beyond a reasonable doubt,” a higher standard of proof than in civil cases. Delegated law makes it possible to make or modify the specific details of an existing law without having to be debated and adopted by parliament. This can often mean that changes – changes – to an existing law can be made in less time and by those responsible for the particular area it covers.