The legal system of Australia
A federal common-law system that fuses Westminster responsible government with an American-style written federal constitution. There is no national bill of rights; protection comes from a handful of express guarantees, implied freedoms and statute.
Legal tradition
Australia belongs to the common law tradition. A federal common-law system that fuses Westminster responsible government with an American-style written federal constitution. There is no national bill of rights; protection comes from a handful of express guarantees, implied freedoms and statute.
How power is divided
Chapter III strictly separates federal judicial power; the High Court polices the boundary and may invalidate legislation for exceeding it.
Where law comes from
- Constitution
- Binds the Commonwealth and, through section 109, overrides inconsistent state law.
- Commonwealth and state statutes
- Nine parliaments legislate across the federation.
- Case law
- A single Australian common law declared by the High Court.
- Delegated legislation
- Regulations and instruments subject to parliamentary disallowance.
The legal profession
Admission is state-based but nationally recognised; practitioners may be admitted as barristers and solicitors, with an independent bar in most states.
Law by topic in Australia
- Employment & LabourFair Work Act 2009 awards with a 21-day dismissal clockA national system under the Fair Work Act 2009, built on modern awards, the National Employment Standards and enterprise agreements. Unfair dismissal claims go to the Fair Work Commission on a strict 21-day clock.
- Criminal LawState codes and common law plus a Commonwealth Criminal CodePredominantly state and territory criminal law, split between code jurisdictions and common-law jurisdictions, with a separate Commonwealth Criminal Code for federal offences. There is no single national criminal law.
- Constitutional Law1901 Constitution with no national bill of rightsA federal common-law system under the 1901 Constitution, notable for having NO national bill of rights. Rights protection is structural rather than enumerated: the separation of judicial power under Chapter III, a handful of express guarantees, and implied freedoms the High Court has drawn from the text.
- Business & CorporateCorporations Act 2001 administered nationally by ASICA single national corporations regime administered by ASIC under the Corporations Act 2001, built on a referral of state power. Incorporation is same-day online, and every director must now hold a director identification number.
- Family LawFamily Law Act 1975 no-fault divorce in a unified federal courtA unified federal jurisdiction under the Family Law Act 1975, which introduced no-fault divorce. Since 2021 the Federal Circuit and Family Court of Australia hears almost all family matters, and 2024 amendments removed the presumption of equal shared parental responsibility.
- Civil ProcedureFederal and state hierarchies with costs following the eventAdversarial civil procedure with active judicial case management, split between federal and state court hierarchies. Most jurisdictions require genuine steps to resolve a dispute before proceedings are commenced.
- Immigration & NationalityPoints-tested skilled migration through SkillSelect invitationsA points-tested skilled migration system under the Migration Act 1958, run almost entirely through the online SkillSelect expression-of-interest process. Nearly every visa class is capped and invitation-based rather than first-come.
- Property & LandTorrens indefeasible title layered over the Native Title Act 1993Torrens title registration in every state, giving indefeasible title on registration, layered over native title recognised by the High Court in Mabo and administered under the Native Title Act 1993. Foreign purchasers need FIRB approval.
- Tax LawResidence-based income tax and 10% GST, with no inheritance taxFederal income tax and GST administered by the ATO, with a residence-based system, no inheritance tax, and capital gains taxed as ordinary income with a 50% discount for assets held over 12 months.
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