Saturday, 11th February 2012
There are two main sources of law in Australia, case law or common law, based on the decisions of judges in the superior courts, and legislation, the law made by Parliament.
Because of the Federal system of Government in Australia, we have:
The NSW Law Handbook explains common law and statute law, criminal and civil law, and state and federal law. It also covers the state and federal court systems, juries, tribunals and commissions, time limits, and appeals.
The S.A. Law Handbook and Law Hand Book Online (Victoria) also have a good explanation of this.
The System of Government in NSW explains the parliament system in NSW.
It is a trap for non-lawyers to rely on the first Act or Case that appears to answer their problem. There are likely to be many different laws that apply. Some sit quite comfortably together and others will seem to violently contradict each other.
It is as dangerous as diagnosing a medical condition and prescribing a treatment based on the internet, rather than relying on the many years of training and experience of a doctor.
No solicitor would use any of the free resources of Foolkit (or the Internet) on their own.
The Public are therefore best off looking at General Information on a reputable web site which should be written by somebody who is aware of the many sources of Law that apply to the topic and who has summed up all of this in what they have written.
Please give us feedback about your experiences using Foolkit and ideas for improvements.
There is an excellent discussion of these topics at the South Australian Legislation Website.
Topics include:
Activist Rights is a web site on Activism and particularly looks at the issue of legal rights. They only include Victorian Law.
The aim of NSW Council for Civil Liberties is is to secure equal rights for everyone and oppose any abuse or excessive power by the State against its people.
Civil Liberties Australia is the National organisation.
Amnesty International is part of the global movement defending human rights and dignity. They work with people in Australia and our region to demand respect for human rights and protect people facing abuse.
How to write a law reform submission may also be useful.
What do words like "Plaintiff", "Consent Order" and "Injunction" mean?
Law Handbook Online published by the Legal Service Commission contains an overview of the law in South Australia presented in everyday language. WARNING: This is South Australian information and should not be relied upon without legal advice. The law and courts often vary a lot between the different States.
The Law Handbook Online (Vic) published by the Fitzroy Legal Service is a practical guide to the law for lawyers, students, businesses, community organizations, welfare groups and individuals. It features information on a wide range of topics including criminal law, tenancy, consumer protection, bankruptcy, discrimination, education, family, internet, environmental and employment laws - plus more. WARNING: This is Victorian information and should not be relied upon without legal advice.
is very similar to these other Handbooks. You have to bear in mind that they each summarise very complex areas of the law very briefly but they are good to get an idea of how the law works.. The free chapters available here are:
About the legal system
If you a look at an individual section of an Act in AustLII, then [Noteup] on the menu will take you to cases where this section is discussed. Be aware that this is not always a comprehensive list.
The NSW Law Handbook has a section on Doing Legal Research.
The Federal Court of Australia has a collection of links for Students on Legal research and citation guides.
The suggest that school, tertiary or local public libraries are often the best place to start your research.
They Australian Libraries Gateway provides easy access to contact details, web sites and catalogues of libraries.
For more advanced students there is Thinking Like a Librarian: Tips for Better Legal Research.
