Foundations
Common Law in Australia
Australia inherited the English common law tradition. Today, judge-made common law operates alongside statutes passed by the Commonwealth Parliament and state and territory parliaments. This page is a plain-English overview only.
Sources of law
Australian law comes from three main sources: the Australian Constitution, statutes (Acts of Parliament and delegated legislation), and the common law developed by courts. The High Court of Australia is the final court of appeal and its decisions bind all other Australian courts.
Precedent (stare decisis)
Lower courts must follow the legal principles laid down by higher courts in the same hierarchy. This is called precedent. It promotes consistency but allows the law to evolve as new cases are decided.
Your basic rights
Australia has no national bill of rights. Rights come from a mix of constitutional protections (such as the implied freedom of political communication), Commonwealth and state human rights legislation, and common law principles such as the right to a fair trial and the presumption of innocence.
Getting legal help
If you need advice, the Legal Aid commission in your state or territory can help if you qualify. Community legal centres provide free advice for many issues. The Law Society in your state can refer you to a private lawyer.