This document provides an overview of the Australian legal system, including: 1. The two main ways that laws are made - through statute law by politicians and common law by judges. 2. The main types of law - criminal law which aims to punish unlawful acts and is enforced by the government, and civil law which is used to resolve disputes between individuals/organizations and aims to restore rights. 3. The different court systems in Australia including the Supreme, County and Magistrates Courts, and their jurisdictions over criminal and civil cases.

1. Introduction to the Australian
Legal System
Stuff happens – ‘ci mi jiak tok’
(in Nuer as provided by Peter Pal)

2. Two ways of making law
1. Statute Law
• Statute law is made by politicians in
parliament (government)
(Politicians are elected by the people)

3. Two ways of making law
2. Common Law
• Common law is made by judges when they
make decisions in court cases
(also referred to as case law)

4. Different types of law
Criminal and Civil
Criminal law
• Set out in the Crimes Act and enforced by the
police. The government acts for everyone
against (versus) a person who breaks the law.
Aim
• to punish the person who broke the law
(called the accused before decision by the court)

5. Criminal law-examples
• Crimes against the person – assault, rape,
manslaughter, murder
• Crimes against property – theft, vandalism,
robbery, fraud
• Crimes against morality – illegal drugs,
prostitution
• Traffic Law – speeding, drink-driving.????

6. Different types of law
Civil Law (part of Common law)
• Used by individuals or companies who have a
problem (dispute) with other individuals,
companies or governments – often involves
money
Aim
• to solve the problem by restoring rights to the
person who has lost them or who has suffered in
some way e.g. negligence by an employer
(person who starts the action is called the plaintiff)

7. Civil law-examples
• Negligence- not taking reasonable care to
prevent injury or loss to another person e.g.
employers
• Defamation – attacking someone’s reputation

8. Different outcomes
Criminal law Civil law
• Compensation (also called
damages) e.g. to pay you back
• Prison sentences e.g. for for an injury caused by others
murder or major theft or destruction of property
• Fines and/loss of licence • Court orders e.g. to make
e.g. for driving offences someone do something;
remove something from their
• Warnings, good behaviour land
bonds, community service • Mediation- a trained mediator
may help people solve their
disputes without going to
court

9. Some more differences - proof
(information used to ‘win’ the case)
Criminal law Civil law
The burden of proof is on the The burden of proof is on the
police/government plaintiff i.e. the plaintiff has to
The standard of proof prove the case
• The police have to prove The standard of proof
their case 100% i.e. beyond • The plaintiff doesn’t have to
reasonable doubt prove their case for sure –
they have to prove that it is
‘more likely than not’

10. State courts
Supreme Court Jurisdiction
The highest court, hears
• Serious criminal cases – murder,
attempted murder
• Civil cases involving large
amounts of money
Supreme Court
• Appeals on decisions made in
the County Court

11. State courts
County Court Jurisdiction
• Less serious criminal cases – drug
trafficking, serious assaults, rape
• Civil cases which involve
substantial amounts of money
• Appeals against decisions by the
Magistrates’ Court

12. State courts
Magistrates’ Court Jurisdiction
• Less serious criminal cases- robbery,
theft
• Less serious civil cases – up to $100,
000- negligence, contract disputes,
neighbourhood disputes
• deals with over 90% of criminal and civil
matters. The first stop for most cases
and then refers them to higher courts if
there is enough evidence
• Summary offences – traffic fines, minor
assaults, property damage, offensive
behaviour
• No jury, one judge

13. State courts
Magistrates’ Court
Has special courts and tribunals
• Children’s Court
• Drug Court
• Infringements Court
Koori Court
• Koori Court
• State Coroner’s Office
• Family Violence Programs
• State Coroner’s Office
• Victims of Crime Assistance Tribunal
www.austlii.edu.au
http://multimedia.justice.vic.gov.au/egov/virtual_tour/
magistrates-court-vic.html

14. A quick test
A criminal case A civil case
Scenario Scenario
You come home and find that
someone has stolen $2000 from your You lend someone $200 and they
bedroom cupboard say that they do not owe you the
Questions money. Can you get it back?
1. Who can help you with your
case? Questions
2. What do you need to win your 1. Who can help you with your
case? What are some examples?
case?
You can find answers here
Remember, even if you win a 2. What do you need to win
criminal case, you might not get your your case? What could be
money back! some examples?

15. Quick test-Answers
Criminal case Civil case
1. The police. If the police are 1. You could pay lawyers to
involved it is a criminal help you.
NOT a civil matter. The 2. You need evidence e.g.
police could charge the – A receipt for the money
person with theft. The – A signed contract in which the
government will provide other person agrees to pay
lawyers as well. you back
2. You need evidence e.g. a – Witnesses to the loan
witness (someone who
saw the money taken)

16. A scenario – is this a civil or a criminal
case?
You have just returned home after shopping at the local
shopping centre. You were walking home but tripped
and fell and much of the shopping fell on to the road and
has been spoiled.
You have hurt your back. Just before you fell, you were
distracted by a dog that jumped up on you before it was
called away by its owner (you are frightened of dogs).
The footpath where you fell was uneven. You are not
sure whether you fell because the footpath was uneven
or because of the dog. You were probably carrying too
much shopping and you already have back problems.

17. Is this a civil or a criminal case?
Answer
• It is a civil case – you might be able to sue
(make a claim against) either the council for
not looking after the footpath OR the dog
owner for not controlling their dog

18. What do you need to sue?
Good evidence- for example:
• A doctor’s report after the accident
• A witness (someone who saw the incident),
maybe they saw the dog off the leash?
• Did you get the dog owner’s name? (evidence)
• A report of the uneven footpath to local
government – maybe there had been other
complaints?

19. Deciding to sue
Questions to ask
• Why sue? To get a legal outcome
Do you remember the legal outcomes for civil law?
• Will I be successful? Do you remember what is
needed to win your case?
• Is it worth it? Even if you think you might win, it
might cost you more money to pay lawyers than
you get back in compensation.