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The Law Guide: Australia

The Australian Legal System

The Australian legal system, based on the British common law model, operates under a federal structure that emphasizes the rule of law and individual rights. The Australian Constitution serves as its foundation, establishing the federal government and outlining the powers of the Commonwealth. The system comprises federal laws enacted by the Commonwealth Parliament and state or territory laws enacted by their respective parliaments.

The court system is divided into federal and state or territory courts, with the High Court of Australia being the highest court. Australia's legal system includes both case law, shaped by judges through judicial decisions, and statutory law, enacted by parliaments.

The legal profession consists of solicitors and barristers, who represent clients in lower and higher courts, respectively. The rule of law ensures everyone is subject to the law, and individual rights, such as freedom of speech and the right to a fair trial, are protected.

Legal Landmarks: Australia

The Australian Parliament

The High Court of Australia

Search in FIND@HKUL

Please be reminded that cases or judgments are not indexed in FIND@HKUL. To look for full text cases, you will have to search in relevant legal databases, or search by the full title of a law report in FIND@HKUL with "Books+" search scope.

Alternatively, you may also change to Advance Search and enter the following search term for all available law reports within the HKUL Collection:

Key Databases

HKU Libraries' Resources

Federal Level

  • Commonwealth Law Reports [CLR]
  • Federal Court Reports [FCR]

 

State Level

Title

HKUL Availability

Australian Capital Territory Law Reports [ACTLR]

Electronic: 2008 – present (via Westlaw Asia)

New South Wales Law Reports [NSWLR]

Print: 1971 – 2014 (PR KH75 N5)

Northern Territory Law Reports [NTLR]

Electronic: 1991 – present (via Westlaw Asia)

Queensland Reports [QdR]

Electronic: 1958 – present (via Westlaw Asia)

South Australian State Reports [SASR]

Electronic: 1971 – present (via Westlaw Asia)

Tasmanian Reports [Tas R]

Electronic: 1992 – present (via Westlaw Asia)

Victorian Reports [VR]

Print: 1957 – 2008 (PR KH155 V6 R)

Western Australian Reports [WAR]

Electronic: 1983 – present (via Westlaw Asia)

Due to there being various law reporting agencies across different states, listed below are only a few major law reports in the country. To search for other law report titles, you may search directly in Lexis Advance Hong KongWestlaw Asia for more details (search steps please refer to Key Databases tab).

Halsbury's Laws of Australia

Halsbury’s Laws of Australia is regarded as a reputable and comprehensive guide to all Australian Law.  

Official Sources

High Court of Australia 

The High Court of Australia serves to be the highest court and final court of appeal in Australia. Full text of cases are available from February 2011 to present, while summaries of cases can be traced back to 2006.

Federal Court of Australia 

The Federal Court of Australia covers matters arising from Australia federal law, and hears appeals from decision of the Federal Circuit Court (except Family Court). Case documents of this Court are to be accessed upon requests, while selected cases of public interest are available online.

Federal Circuit and Family Court of Australia 

The Federal Circuit and Family Court of Australia share jurisdictions on family law, migration law and general federal law. Most judgments available on this site are up to as recent as 12-months. For more details, or historical records, you may visit AustLII.

Below quick links are provided to access the legislations of the federal and of the different state governments of Australia. The Federal Register of Legislation is the authorised government wide website for Commonwealth legislation and related documents. The rest of the websites regard to the state government portals for current and repealed legislation together with related documents.

Below are a compilation of some quick links to access the bills of the federal and of the different states of Australia. All websites are the official websites for the announcements of bills and legislative information.

Below gathers some quick links to access the bills of the federal and different states of Australia. All websites are the official website for the announcements of bills and legislative information.

Open Access Resources

Australasian Legal Information Institute (AustLII)

Supporting the free access of legal information, AustLII offers an extensive collection of materials. Since laws and court systems might vary from states to state, territory to territory, you may visit AustLII where organised and detailed information are given. Information on case law is generally presented on the left.