Vranken, Martin --- "Australia" [2006] ELECD 159; in Smits, M. Jan (ed), "Elgar Encyclopedia of Comparative Law" (Edward Elgar Publishing, 2006)

Book Title: Elgar Encyclopedia of Comparative Law

Editor(s): Smits, M. Jan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845420130

Section: Chapter 8

Section Title: Australia

Author(s): Vranken, Martin

Number of pages: 5

Extract:

8 Australia
Martin Vranken


1 Introduction
Australia, officially known as the Commonwealth of Australia, has a legal
system that for historical reasons belongs to the family of the common law.
In colonial times the application of English law was regarded as self-
evident. Even nowadays many a decision of the Australian courts contains,
at times elaborate, references to English precedent. Technically English law
no longer constitutes a binding source of law, though. The formal judicial
emancipation of the Australian courts became complete with the enact-
ment of the Australia Act 1986 (Cth). That statute formally abolishes a
right of appeal in Australian cases to the Privy Council in London.
Gradually a local version of the common law is developing in present-day
Australia, one that is adapted to that country's own characteristics and
customs of its people. At times this evolution has been a matter of neces-
sity. An example taken from the law of contract is disputes about the sale of
land: they feature much more prominently in Australian than in English lit-
igation. This feature of Australian society inevitably has an impact upon the
common law of contract even if it may prove to be a slow process for now
(Ellinghaus, 1989, p. 53). In other areas of private law Australian courts
have displayed less reluctance to go their own way. The tort of negligence is
a case in point (Luntz, 1989, pp. 70­88).
Australia has a federal system of government and this is reflected in ...