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Behave 24 sources of law in australia australia has

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Unformatted text preview: ol conduct within a society A set of rules that will be enforced by the courts The law declares how we must behave 24 Sources of law in Australia • Australia has adopted the English common law system • The main types of laws in the English legal system are: statute law common law (judge-made law) Laws made in the parliament Laws made by the courts May be changed by parliament and interpreted by the courts May be changed by the parliament and developed by future court cases 25 26 Statute law Statute law • Statute law also includes laws made by other government bodies • Statute law are the laws created by State and Federal parliaments • This is known as delegated legislation and takes the form of: by-laws orders rules and regulations • Statute law can last for ever or until it is changed • Statute law is also known as: legislation Acts of Parliament enacted law 27 28 Common law Common law • Common law is also known as: • Australia inherited the Common Law system from England • Common law is the law created by the courts/reported decisions of the judges case law precedent unenacted law 29 30 Statute law vs Common law Equity • Equity is a body of legal principles or legal rules developed by the Courts of Chancery (“Courts of Equity”) in England • Statute law, made by parliament, is the most important source of law • Statute law overrules common law in the event of a clash between the two • England had two parallel court systems: courts that could only award money damages courts of "equity” that could issue broader range of remedies 31 Equity 32 Equity • Courts of Equity developed as a result of the growing inflexibility and rigidity of the common law • There are two types of equitable remedies sought: Injunction: a court order directing a person to stop doing something; and Specific Performance: a court order directing a person to carry out an obligation • Implies fairness and justice in the law • Does not apply to criminal law 33 34 Classification systems in Australian law Equity • Examples: There are a number of ways that the law can be classified, including: • international/ domestic • public/private • substantive/procedural • common law/ civil law • civil actions/criminal actions Equity will not suffer a wrong to be without a remedy One who comes in equity must come with clean hands Equity will not allow a statute to be used as a cloak for fraud One who seeks equity must do equity Equity follows t...
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