Australian contract law is based on the English common law, rather than on any codified or statute law. The basic principle of Australian contract law is freedom of contract, under which parties are at liberty to strike whatever bargain they choose.
It can be divided into 'statute law' and 'common law', and can also be divided into 'public law' and 'private law'. Under this system, public law deals with relations between individuals and the state, and private law deals with relations between individuals (meaning individual people or organisations).
Common Law is judge-made law, developed through centuries of precedent, or earlier judgements on cases before courts. The Commonwealth and States' Constitutions set out the basic structure of the legal and parliamentary systems.
Depending on whether you'd like to practice as a solicitor or barrister, you'll follow these steps: Solicitor. Apply for a Practising Certificate from the Law Society of NSW. Barrister. Complete the Bar Exam at the NSW Bar Association.
In NSW, both common law and civil law are used in the legal system, depending on the type of case and the area of law in question. For example, personal injury cases are typically dealt with under common law principles, while family law cases are typically dealt with under civil law principles.
Australian courts have applied the principle of legality to protect a variety of fundamental rights at common law. They include the rights to private property, personal liberty, freedom of expression, freedom of movement, natural justice and access to the courts.
In NSW the legal profession is made up of two types of legal practitioners: solicitors and barristers. In order to be allowed to practice law in NSW, a person must either: be admitted as a legal practitioner in another state or territory of Australia; or.
It means that when people encounter life problems that touch the law they will be able to understand and assert their rights in a neutral process pursuant to the fair rule of law and enforce the result. Access to justice helps to preserve human dignity.