Lecture notes, cheat sheet for final exam PDF

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Cheatsheet for final exam ...

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Commonwealth Constitution Act 1900: changed only with a referendum Parliament: Commonwealth (Cth) and State Legislatures only. Self-governing territories Legislatures are not called Parliaments. Legislation/Statute/Statutory Law/Act/Enactment: law made by a Legislature/ Lower House

Upper House

Commonwealth

House of Representatives

Senate

States (6)

Legislative Assembly (except SA and TAS, which are called House of Assembly instead)

Legislative Council (except QL is unicameral and does not have the UH)

Self-governing territories ACT/NT/NI (3)

Legislative Assembly

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Legislative Process: Bill, First, Second and Third Reading of a Bill, Royal Assent, Commencement Proposal: Bill, explanatory memorandum (summary & how it works) House of Origin: Bill listed for 1st Reading → House grants permission → Long title read (no debate) → Minister speech → Debate → Motion → 2 nd Reading → Committee → Motion → 3rd Reading House of Review: repeat. If Bill amended, returned to HOO. If no agreement government can be dissolved Final stages: Royal Assent. Published in Government Gazette. Act commences as law ( default 28 days from Royal Assent) Interpreting Legislation Literal Approach: ordinary, natural meaning (dictionary) Special Meaning: defined in the Act and overrides any other meanings “Golden Rule”: avoid absurdity/inconsistency/repugnance. Very rarely used. “Purpose” approach: attach meanings which best serve the purpose of the Act and based on intrinsic/extrinsic evidence Case/General Law: Common Law and Equity Judges make Case Law by applying existing law because of the Doctrine of Precedent → declare an unwritten rule from natural/custom law as an AU law for the first time → interpret/establish meanings of existing laws → extend an established rule of law to a new situation Doctrine of Precedent: stare decisis (let the decision stand) decide similar cases in similar ways based on the first. → Material facts of both cases are sufficiently similar and cannot be reasonably distinguished. → Previous decision from superior court in the same hierarchy. → Binding only if both conditions; else persuasive Ratio Decidendi of a case (the reason for the decision): the binding part of a precedent. Legal principle, rule, or reason which the court applied to the material facts to arrive at its decision Obiter Dicta (surrounding words): explanatory discussion, historical perspective & account of judge's reasoning Procedure in a Civil case: Purpose of a trial: resolving issues/questions in the dispute between plaintiff and defendant Exchange of pleadings (written documents) Proving facts: ascertain leading evidence Ascertaining law: present arguments of case based on relevant laws and their interpretations Decision: decide the case in favor of either and make an appropriate order

Contracts Contract: legally enforceable agreement between parties Obligation: legally binding duty to give or do something (duty = corresponding/other party's right) Contractual capacity: adults of sound mind (>18), artificial persons (corporations, govt bodies) vs minors (...