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Training Camp · Mission Brief

Legal Studies · Sources of Law

Australian law comes from two main sources: statute law made by parliament, and common law made by judges through court decisions. When the two overlap, statute generally prevails.

Key terms

  • Statute lawLaws made by parliament (Acts of Parliament).
  • Common lawLaw developed by judges through court decisions and precedent.
  • PrecedentA legal principle established in a prior case that binds similar later cases.

Memory trick: P-COURT-S: Parliament writes statutes; COURTs build common law.

Common mistake: Assuming judges 'make up' law freely. Courts can only develop common law within their jurisdiction, and statute law overrides common law where they conflict.

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