Week 1: Introduction to the Australian Legal SystemAustralia's Colonization & Indigenous Laws□Australia was colonized by Britain in 1788 and legally classified as"settled."□Mabo (No. 2) (1992):oHigh Court ruled that Australia was not "terra nullius."oThe British Crown still acquired sovereignty and the right toallocate land without Indigenous consent.oNative title (Indigenous land ownership) recognized butlimited in scope.Reception of English LawuNSW was classified as "settled" under legal principles.□Three branches of government:1. Legislature2. Executive3. 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: StrengthenedAustralia's legislative independence.uAustralia Act 1986: Severed remaining legal ties with the UK.Federation (1901)□Australia adopted a federal system, sharing power betweennational and regional governments.□Inspired by the US federal model.Preview Mode
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