1. 1 The Australian Legal System © Oxford University Press, 2007. All rights reserved.

3. THE HIERARCHY OF COURTS IN AUSTRALIA

4. functions of tribunals advantages of tribunal proceedings. Tribunals © Oxford University Press, 2007. All rights reserved.

5. Sources of Law Three regimes: common law (judge-made law) eg. CBA v Amadio (1983) 151 CLR 447 statutory law (derives from Parliament) both: federal eg. Trade Practices Act 1974 (Cth) and state eg. Goods Act 1958 (Vic) sources arising from the globalisation of contract.

6. Sources of Law cont… The Common Law: making law - Mabo’s case the doctrine of precedent ie the law expounded in an earlier case is followed in later similar cases in the same judicial hierarchy rationale: certainty, predictability and consistency problems.

7. Sources of Law cont... Equity: concerned with preventing unconscionable conduct, that is conduct not based on good conscience the development of equity examples: doctrine of estoppel (Walton Stores v Maher), doctrine of unconscionable bargains (Amadio’s case).

8. Sources of Law cont… Legislation - our major source of law today: note the relationship between common law and statute in the event of inconsistency, statute law or legislation takes precedence over, or overrides, judge-made law understand why, for example, an action for misleading or deceptive conduct under s 52 of the TPA is preferable to an action for common law misrepresentation.

9. Sources of Law cont... Legislation - rules of statutory interpretation: aids to interpretation: eg Acts Interpretation Acts, Hansard reports, explanatory memoranda common law rules: (i) literal rule (ii) golden rule (iii) mischief rule.

10. Sources of Law cont... Delegated (subordinated) legislation: namely, rules; regulations; orders; ordinances; by-laws; statutory instruments; notices; proclamations where decision-making of detailed regulations is referred to a subordinate body eg. minister of a relevant government department, local council.