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Introduction to the Australian Legal System

This summary covers Australia's legal system: colonization, Indigenous laws, reception of English law, Federation, legal independence, primary and secondary sources of law, legislative process, delegated legislation, court structure.

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    Week 1: Introduction to the Australian Legal System Australia's Colonization & Indigenous Laws □ Australia was colonized by Britain in 1788 and legally classified as "settled." □ Mabo (No. 2) (1992): o High Court ruled that Australia was not "terra nullius." o The British Crown still acquired sovereignty and the right to allocate land without Indigenous consent. o Native title (Indigenous land ownership) recognized but limited in scope. Reception of English Law u NSW was classified as "settled" under legal principles. □ Three branches of government: 1. Legislature 2. Executive 3. Judiciary □ Judicature Acts 1873-1875: Fused common law and equity. □ Law received in three waves: 1. 1788: English law applied to NSW. 2. 1828: Australia Courts Act updated received English law. 3. 1859: QLD separated from NSW, adopting NSW laws. Post-Reception Developments □ Colonial Laws Validity Act 1865: Limited British legislative control. □ Statute of Westminster Adoption Act 1942: Strengthened Australia's legislative independence. u Australia Act 1986: Severed remaining legal ties with the UK. Federation (1901) □ Australia adopted a federal system, sharing power between national and regional governments. □ Inspired by the US federal model.

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    n Commonwealth Constitution Act 1900 (UK): Became law on January 1, 1901. □ First Governor-General: Lord Hopetoun. □ Current Governor-General: Sir Peter Cosgrove. □ Head of State: Queen. Sources of Law in Australia Primary Sources 1. Legislation (Statutes, Acts of Parliament) 2. Delegated Legislation (Rules, regulations, by-laws) 3. Court Judgments (Common law, precedents) Secondary Sources 1. International law (Treaties ratified by Australia) 2. Law reform commission reports 3. Academic commentary (Books, journal articles) Legislation □ Passed by nine parliaments in Australia (one federal, six state, two territory). □ Hierarchy: Federal laws override state laws (Section 109 of the Constitution). □ Invalidation: High Court can strike down laws beyond Parliament's powers. Functions of Legislation □ Create new laws (Override outdated common law). □ Repeal laws (Remove unnecessary laws). □ Codify laws (Consolidate multiple laws into one). Process of Making a Law 1. Bill introduced and passed through both houses of Parliament. 2. Sent to Governor-General for assent.

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    3. Becomes an Act of Parliament. Commencement of Legislation □ Default commencement varies by state: o NSW, WA, VIC: 28 days after assent. o TAS: 14 days after assent. o QLD, SA, NT: On the day of assent. o ACT: The day after notification in the Gazette. Delegated Legislation □ Made by government ministers or executive bodies under authority of a parent Act. □ Examples: Environmental regulations, tax rules. □ Benefits: o Faster and cheaper than passing formal legislation. o Made by subject-matter experts. □ Criticisms: o Less public scrutiny. o Possible violation of separation of powers. Amending & Repealing Legislation □ Amendments: Introduced through new laws (e.g., Native Title Amendment Act 2007). □ Repeals: o Some laws contain sunset clauses (expire after a It looks like the boxes you're referring to might be artifacts from copying and pasting text. Here's your text with those formatting issues removed: Week 1: Introduction to the Australian Legal System n Australia was colonized by Britain in 1788 and was considered "settled" as a matter of law.

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