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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.

Mason Bennett
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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.

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nCommonwealth Constitution Act 1900 (UK): Became law onJanuary 1, 1901.□First Governor-General: Lord Hopetoun.□Current Governor-General: Sir Peter Cosgrove.□Head of State: Queen.Sources of Law in AustraliaPrimary Sources1.Legislation (Statutes, Acts of Parliament)2.Delegated Legislation (Rules, regulations, by-laws)3.Court Judgments (Common law, precedents)Secondary Sources1.International law (Treaties ratified by Australia)2.Law reform commission reports3.Academic commentary (Books, journal articles)Legislation□Passed by nine parliaments in Australia (one federal, six state, twoterritory).□Hierarchy: Federal laws override state laws (Section 109 of theConstitution).□Invalidation: High Court can strike down laws beyond Parliament'spowers.Functions of Legislation□Create new laws (Override outdated common law).□Repeal laws (Remove unnecessary laws).□Codify laws (Consolidate multiple laws into one).Process of Making a Law1.Bill introduced and passed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:oNSW, WA, VIC: 28 days after assent.oTAS: 14 days after assent.oQLD, SA, NT: On the day of assent.oACT: The day after notification in the Gazette.Delegated Legislation□Made by government ministers or executive bodies under authorityof a parent Act.□Examples: Environmental regulations, tax rules.□Benefits:oFaster and cheaper than passing formal legislation.oMade by subject-matter experts.□Criticisms:oLess public scrutiny.oPossible violation of separation of powers.Amending & Repealing Legislation□Amendments: Introduced through new laws (e.g., Native TitleAmendment Act 2007).□Repeals:oSome laws contain sunset clauses (expire after aIt looks like the boxes you're referring to might be artifacts from copyingand pasting text. Here's your text with those formatting issues removed:Week 1: Introduction to the Australian Legal SystemnAustralia was colonized by Britain in 1788 and was considered"settled" as a matter of law.
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