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Its legal institutions and traditions are substantially derived from that of the English legal system, which superseded Indigenous Australian customary law during colonisation. [1] Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the ...
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The Attorney-General's Department is one of seven original Commonwealth Departments of state, commencing with the Commonwealth of Australia on 1 January 1901. It is one of only three departments, along with Defence and Treasury , to have operated continuously under their original name and charter since Federation .
The Australian Bar Association (ABA) is the peak body representing more than 6,000 barristers throughout Australia. The ABA was established in 1963 to serve, promote and represent its members, and advocate for fair and equal justice for all. [ 1 ]
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The High Court is the highest court in the Australian judicial hierarchy. It was created by section 71 of the Constitution. [18] It has appellate jurisdiction over all other courts. It also has original jurisdiction in certain matters, including powers of judicial review. The High Court of Australia is paramount to all federal courts.
Both the Commonwealth of Australia and the states and territories can make criminal laws under the Constitution of Australia, so Crown prosecutors deal with both state and federal offences. The typical Crown prosecutor, often a King's Counsel or Senior Counsel , will have extensive experience as defence counsel as well as prosecuting counsel ...