Prior to colonization, the only legal systems that existed in Australia were the various customary law systems of Indigenous Australians. Indigenous legal systems were deliberately ignored by the colonial legal system and were only partially recognized as legally important by Australian courts in the post-colonial era. [5] The Australian Constitution establishes a federal system of government. There is a national legislature with the power to pass laws of superior force on a number of explicit matters. [3] States are separate jurisdictions with their own system of courts and parliaments and have powers. Some Australian territories such as the Northern Territory and the Australian Capital Territory have been given a regional Commonwealth legislature. Under the Judiciary Act, the Court has jurisdiction to hear applications for judicial review of decisions made by Commonwealth officials. Many cases also arise from the Administrative Decisions (Judicial Review) Act 1977 (ADJR Act), which provides for judicial review of most administrative decisions made under Commonwealth laws on grounds of legality rather than substance. The Court also decides on appeals brought by the Administrative Court of Appeal. This jurisdiction falls within the national area of administrative, constitutional and human rights law, which also includes complaints of unlawful discrimination that are no longer dealt with by the Australian Human Rights Commission and matters relating to the Australian Constitution. In fact, the intricacies of the Australian legal system are important, and you really need to seek legal advice before deciding what to do or where to do it.
Australia is a federation of states with an English-style system, legal and parliamentary. This fundamental fact has a number of implications for a business growing in Australia. Australia comprises approximately nine main jurisdictions, including six separate states: (i) New South Wales, (ii) Victoria, (iii) Queensland, (iv) Western Australia, (v) South Australia, (vi) Tasmania. There are also two Australian territories on the Australian continent: (i) the Northern Territory, (ii) the Australian Capital Territory. The ultimate jurisdiction is the Australian Commonwealth Government. PLEASE NOTE: The following information has not been prepared by a lawyer and is for illustrative purposes only, it is not legal advice. Full legislative independence was eventually established by the Australia Act 1986, which was passed by the Parliament of the United Kingdom. It eliminated the possibility of legislating with the consent and request of a dominion and applied to both the states and the Commonwealth. It also provided for the complete abolition of appeals to the Privy Council by any Australian court. The Australia Act represented an important symbolic break with Britain, underscored by Queen Elizabeth II`s visit to Australia to sign the bill in her legally distinct capacity as Queen of Australia. Overall, Australia has a legal system derived from English common law or “case law” system, meaning that the law is primarily based on legislation interpreted by the same method, and the same result must be drawn as in cases of a similar factual nature.
The High Court has stated that Australia`s common law system is uniform across states. [2] This may be in contrast to other jurisdictions such as the United States; which have maintained different common law systems in each state. The first civil and criminal courts established since the early days of the colony of New South Wales were rudimentary, adaptable and military in character. Although legality was not always respected, the courts limited the powers of the governor and the law of the colony was sometimes more egalitarian than in Britain. [12] Australia also has a complex justice system. Basically, the rule is that matters settled under Commonwealth law are brought before the federal court system, matters settled under state law are brought before the state court system. However, there are about three levels of courts in the federal legal system and about four in the state legal system, each with its own initial and appellate jurisdiction. In addition, most state courts may exercise federal jurisdiction in certain cases. [8] This statement was asserted, citing a legal fiction, that mainland Australia was terra nullius; That is, land that belonged to no one, because it was believed that the Aborigines who already inhabited the continent were not coherently organized to conclude a treaty with a single representation of their peoples. [9] The ANU library provides access to a number of legal databases. The following list is very selective and covers only the most important sources of case law and legislation. A more complete list of legal databases can be found here or on the Economy, Journal Articles and Legislation tabs for other databases that cover this type of information.
Another important part of the Court`s jurisdiction derives from the Native Land Titles Act (NTA) 1993. The Tribunal has jurisdiction to hear and decide applications for Aboriginal title and to mediate and to hear and decide revised applications for Aboriginal title, claims for compensation, applications for the cancellation of agreements from the Register of Agreements on the Use of Aboriginal Lands and applications for the transfer of documents. The court also hears appeals from the NNTT and cases filed under the ADJR law relating to national titles. This summary covers only a few of the Court`s main areas of activity. Cases arising under Part IV (Restrictive Business Practices) and Schedule 2 (Australian Consumer Act) of the Competition and Consumer Act 2010 represent a significant part of the Court`s workload. These cases often raise important public policy issues such as mergers, abuse of market power, exclusive sales or misleading advertising. The Court is a supreme court and a court of law. It can be found from time to time in all capital cities and elsewhere in Australia. There are also two Australian territories on the Australian continent: (i) the Northern Territory, (ii) the Australian Capital Territory. The ultimate jurisdiction is the Australian Commonwealth Government. PLEASE NOTE: The following information has not been prepared by a lawyer and is for reference purposes only, it is not legal advice.
Australia also has a complex system of courts. Basically, the rule is that matters governed by law under Commonwealth law are brought before the federal judicial system, matters governed by law under state law are brought before the state judicial system. However, there are about three levels of courts in the federal legal system and about four in the state legal system, each with its own jurisdiction over origin and appeal. In addition, most state courts may exercise federal jurisdiction in certain cases. The Australian Constitution establishes a federal system of government. There is a national legislature that has the power to legislate on a higher power on a number of explicit issues. [3] States are separate jurisdictions with their own system of courts and parliaments and are empowered. Some Australian territories, such as the Northern Territory and the Australian Capital Territory, have been given a regional Commonwealth legislature. Overall, Australia has a legal system derived from English common law or the “case law” system, which means that the law is primarily based on legislation that is interpreted in the same way and must be derived from the same result as in cases of similar situations. Full legislative independence was eventually established by the Australia Act of 1986, which was passed by the British Parliament.
It eliminated the possibility of laws being enacted with consent and the demand for domination, and applied to both states and the Commonwealth. It also provided for the complete abolition of appeals to the Privy Council by any Australian court. The Australia Act represented a significant symbolic break with Britain, underscored by Queen Elizabeth II`s visit to Australia to sign the bill in her legally diverse capacity as Queen of Australia. This legal separation has practical implications for businesses expanding in Australia. Particularly prior to colonization, the only legal systems that existed in Australia were the various customary legal systems owned by Indigenous Australians.
