Classification of law

Public law governs:

relationships between individuals and the state/government; and

the structure, administration and operation of the state/government.

Public law

Private law governs relationships between individuals.

The term individuals includes both to individual people and corporations/ organisations.

Sometimes referred to as ‘civil law’.

Private law

Public law vs private law

Law punishing individuals for certain acts or omissions.

It is a state responsibility - each state and territory has its own legislation. The law in each state and territory is, however, broadly consistent.

In NSW, the key piece of legislation is the Crimes Act 1900 (NSW).

Criminal law

Administrative law deals with decisions made by government bodies.

The purpose of administrative law is to ensure that the government and government departments are accountable for their actions and for the decisions they make.

Under administrative law, an individual can challenge government decisions which impact them. Policy decisions cannot be challenged, but decisions giving effect to that policy can be challenged.

Administrative Law

There are three ways in which a person can seek a review of a decision:

1. Internal review – review by another officer within the agency that made the decision

2. External review – review by a person/body outside the agency that made the decision

3. Judicial review – review provided by the court, normally the Administrative Appeals Tribunal (federal government decisions) or the Administrative Decisions Tribunal (NSW government decisions)

Administrative law (cont)

The area of law dealing with the application and interpretation of the Australian constitution.

Where a law is made which does NOT comply with the constitution, it can be subject to challenge.

Any challenge to the constitutional validity of a law is made to the High Court of Australia.

Constitutional law

Special procedures apply in the High Court: Up to 7 justices can hear the case Each justice delivers their own written

judgment, after lengthy deliberation Where the decision is not unanimous, the

majority decision prevails

Decisions are binding on allcourts in Australia

Constitutional law (cont)

A contract is a written or spoken agreement or promise between two or more parties, which is recognised and enforceable by law.

Contract law is the law concerned with whether an agreement is recognised by law as a contract, and with the actions that can be taken to enforce a contract.

For a promise or agreement to be recognised by law, there must be:

1. Agreement – offer and acceptance

2. Consideration

3. Intention to create legal relations

Contract law

Where one party to a contract believes that the other party has breached the contract, they may bring civil proceedings against that party in court.

Where such proceedings are brought, the plaintiff must establish that a contract existed, and that it was breached.

Where they can do so, three main remedies may be available to the plaintiff:

1. Damages2. An injunction3. Specific performance

Contract law (cont)

A ‘tort’ is a civil wrong.

There are different types of torts: negligence, defamation, nuisance, trespass and false imprisonment are some of the most common.

A breach of contract is not a tort. Parties to a contract have an existing legal relationship. In relation to a tort, the parties are not involved in a legal relationship before the tort occurs.

Tort law

Tort law provides relief to individuals who have suffered loss or harm as a result of someone else’s wrongful act.

Where a tort occurs, the victim of the tort can commence civil proceedings to obtain compensation for any loss or harm suffered as a result of the tort.

Tort law (cont)

Property law is the law that governs the owernship and use of property.

There are different categories of property, including:

1. Real property

2. Personal property

3. Intellectual property

Property law