Australian Legal System And The Australian Federal System

The Australian Criminal Justice system has an intricate and diverse structure that makes it one of the most unique systems in the world. The Commonwealth of Australia was approved by the British Parliament in 1900 and came into existence on January 1, 1901. The federal constitution combined British and American practices, with a parliamentary government, but with two houses - the popularly elected House of Representatives and Senate representing the former colonies. This began the start of a new era of policing. (Findlay, Odgers, Yeo). The Commonwealth of Australia is a federalist government composed of a national government and six State governments. There are nine different criminal justice systems in Australia - six states, two territories, and one federal. The eight States and Territories have powers to enact their own criminal law, while the Commonwealth has powers to enact laws. Criminal law is administered principally through the federal, State and Territory police. (Chappell, Wilson, Heaton). In this essay an in depth analysis of the Australian criminal justice system will be given, along with a comparison to the United States criminal justice system throughout the essay. As well as an evaluation of the effectiveness of the system and finally a brief summary of how the Australian criminal justice system structure could be improved to better suit the evolving society. Australia has a complex and very intuitive system of policing that

Australian law has reflected the status of women in Anglo-Celtic culture. Today there are women in Australia from widely diverse cultural backgrounds and the law has a role in ensuring the safety, freedom, security and equality of opportunity for them all. As the status of women varies from culture to culture and changes over time, the law has had to adapt and evolve in order to fulfill its role.

In today's Australia the price of handling a substantial litigation matter is unobtainable for the average Australian, justice does indeed go to the highest bidder and “Unless you are a millionaire or a pauper, the cost of going to court to protect your rights is beyond you.” George Brandis, shadow attorney-general. To say that justice is earned and reserved for the population of Australia is a myth and it is true that legal aid community centres are grossly underfunded and explicitly for those in dire need of legal aid and do not represent the common Australian, there is no universal legal safety-net unlike the education and health systems.

The judicial branch of U.S. government is comprised of the court system; their task is to resolve legal issues and interpret the law.

The Australian legal system follows a formal structure, strict rules of evidence and conduct and utilizes the adversarial system of trial for both criminal and civil proceedings. The procedure relies on the skills of representatives of each party and evidence concerning the case presented to an impartial judge or magistrate (and sometimes a jury). Courts apply fairness to a profound extent through adopting the doctrine of natural justice, parties involved have the right to know accusations made so they are able to collect evidence for defence and cross examination. Fairness was practiced in the case Southan v Costa (2017) NSWLEC 1230 that cited the Trees (Disputes between Neighbours) Act 2006 which instructed the Land and Environment Court NSW on only making an order if the tree concerned had caused harm or posed future threat. Fairness was also demonstrated through the referral to precedents including the Freeman v Dillon (2012) NSWLEC 1057 to assess the degree of damage, necessary action and consistent orders. The previous cases assisted in concluding the orders of the Court ‘requiring periodic removal of dead wood’ to reduce the risk of injury and annoyance of natural shedding past the respondent’s property. Court jurisdiction and high enforceability aid in achieving justice for individuals when ruling sentences and court orders. Enforceability is exemplified when the actor Steve Bisley was ordered to perform 300 hours of community service by the magistrate of Sydney's Downing Centre Local Court for charges of actual bodily harm relating to domestic violence towards his former wife Sally Burleigh in September 2009. This case additionally reflected equality in application regardless political, social and religious standing, gender and racial identity. The effectiveness of courts achieving justice in

The adversarial nature of Australia’s court system deal with facts and legal implications. Here lies the establishment of such principles that make the law

The Oxford Learner’s Dictionary defines fairness to be ‘the quality of treating people equally or in a way that is reasonable’ and justice as ‘the quality of being fair or reasonable’ (Oald8.oxfordlearnersdictionaries.com, 2014). Investigation of the characteristics of the Australian Legal System (ALS) including its adoption, structure and operational rules, reveal that for the most part the system is based on these two attributes. This inference is further evidenced by the legally binding operational framework assigned to the financial services industry and reflected in the codes of practice that also guide it.

It is recognised that Australia’s System of decision making in the court is in need of reform, if the

The Australian legal system doesn’t have a bill of rights so it must protect individual human rights in other ways. Individual human rights consist of civil, economic and social rights. The law protects these in four ways: through common law, the Australian Constitution, ordinary legislation and International Law. The common law protects human rights through judges making court decisions within cases that involve human rights. This is prevalent in cases that are heard in the superior courts where the decision later becomes a precedent for similar cases.

A legal contract arises when there is an offer, acceptance of that offer and also a sufficient consideration to make the contact valid. There are five essential elements that make a contract legal and these includes;

However, under further analysis, it becomes apparent that the verdict acts more as a deterrent rather than an upstanding legal configuration. The legal system, for the average person in New South Wales, is only a figure of authority that deters the individuals from breaking the law, which some may say is what it is there to do. Conversely, we need it to do more than that, we need it to properly meet our requests when we are involved in legal

Since the early 1990s, Australian judicial system has experienced a great flux revolving around the notion of good faith in the performance the enforcement of contracts. The leading case Renard Construction (ME) Pty Ltd v Minister for Public Works (Renard) along with Preistly JA’s judgment commenced the controversial introduction of universal obligation of good faith in all contracts. Such introduction was also confronted by the opposing force of the more conservative judgments, such as those of Meagher JA in Renard and Gummow J in Service Station Association v Berg Bennett & Associates Pty Ltd . In order to correctly assess the extent to which the High Court of Australia should recognize that in all contracts, parties

These 3 are the essential ingredients of a valid contract. Agreement has to do with offer and acceptance. An agreement is reached when one party makes an offer, which is accepted by another party.My advice to the parties as to their legal positions will be based mainly on offer and acceptance including the postal rule. Their contractual intention may also be examined based on the facts of the case. Before then, it is important to examine into details what constitutes offer and acceptance.

A contract is compulsory with agreement and relationship with the parties, and a contract is also a promise which is the promise between each other impose by the law. There are 6 elements of the contract which is offer, acceptance, and intention to create legal relations, consideration, certainty, and capacity, all this are important to form a legal contract.

Laws and legal system is important to establish a successful and developed country. Judiciary is the primary institution to give maintenance of law and administration of justice. Judiciary is part of the three organs of government other than the legislature and executive body.