So far as the laws of the Commonwealth are not applicable or so
far as their provisions are insufficient to carry them into effect, or to
provide adequate remedies or punishment, the common law in Australia as
modified by the Constitution and by the statute law in force in the State or
Territory in which the Court in which the jurisdiction is exercised is held
shall, so far as it is applicable and not inconsistent with the Constitution
and the laws of the Commonwealth, govern all Courts exercising federal
jurisdiction in the exercise of their jurisdiction in civil and criminal
matters.