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For example, the Uniform Civil Procedure Rules 2005 (NSW) and Uniform Civil Procedure Rules 1999 (Qld) are quite different. In Queensland, the rules were intended to be "uniform, so far as practicable, for all three courts in the State stream" [ 5 ] – that is, to unify the procedure of the Supreme , District and Magistrates Court , not ...
The reception of English law in Western Australia and South Australia was later deemed by statute to have occurred on 1 June 1829 [12] and 28 December 1836 [13] respectively. The earliest civil and criminal courts established from the beginnings of the colony of New South Wales were rudimentary, adaptive and military in character.
For example, the use of Judaism and halakha for public law has a static and unalterable quality, precluding amendment through legislative acts of government or development through judicial precedent; Christian canon law is more similar to civil law in its use of codes; and Islamic sharia law (and fiqh jurisprudence) is based on legal precedent ...
In common law, battery is a tort falling under the umbrella term 'trespass to the person'. Entailing unlawful contact which is directed and intentional, or reckless (or, in Australia, negligently [1]) and voluntarily bringing about a harmful or offensive contact with a person or to something closely associated with them, such as a bag or purse, without legal consent.
The 'dominant purpose' test is the common law test in Australia for legal professional privilege: 113. Bushel v Repatriation Commission: 1992 175 CLR 408; [1992] HCA 47 Mason: 1017 114. State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in liq) 1999 160 ALR 588; [1999] HCA 3 Gleeson: 1016 115. R v Hickman; Ex parte Fox ...
To the extent tort law is defined by Australia's nationally uniform common law, its tort regime is also nationally unified. [note 1] [5] [6] However, due to the fact that Australian State parliaments are able to modify law within their own jurisdictions through statute; in practice each State has its own quirks. There have been attempts on ...
The following is a list of courts and tribunals of the Commonwealth of Australia: List of boards, commissions, courts, and tribunals ... Australian Law Reform Commission;
Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the Australian Guide to Legal Citation , published jointly by the Melbourne University Law Review and the Melbourne Journal of International Law .