Introduction to Law

A place accessible to the public, whether by invitation (express or implied) and with or without charge.

Certain actions, like artistic performances or discussions on academic or public matters, are not illegal under Section 18C.

A law prohibiting racial discrimination, by discouraging offensive or harmful comments and actions.

Liberal Government plans to remove parts of the Act, potentially allowing offensive racist comments.

Proposed change of "intimidate" definition, potentially limiting it to only physical harm, not verbal harassment.

Concerns from some community groups over the proposed removal of provisions regarding "offense, insult, and humiliation" related to race.

The Opposition and Greens argue that the changes will allow bigotry in Australia.

The proposed changes would potentially allow offenses/insults of race, potentially outweighing the right of someone free of racial insult.

Motivations behind the forced removal of Aboriginal children included child protection, a belief that Aboriginal people would die out, and fear of mixed-race children. The goal was to remove Aboriginal people from Australian society.

Overruled the 'terra nullius' doctrine, recognizing Aboriginal people as original land owners.

Established Native Title, recognizing Indigenous land rights alongside pastoral leases.

The legal recognition of Indigenous people's rights and interests in their traditional lands, based on their laws and customs.

The principle that courts should follow previous decisions (cases) with similar facts.

A public acknowledgement of past wrongs against Indigenous Australians in 2008.

The legal principle that Australia was considered legally empty of inhabitants when it was colonized.

Legal rules and principles established by judicial decisions in prior cases.

The process of determining the meaning of a statute by courts, using rules of construction and legislative intent.

When both state and federal laws apply, the law of the higher authority (usually Commonwealth) takes precedence.

A statute that defines common legal terms and provides guidance for interpreting other laws.

The structure and organisation of a statute, including sections, headings, schedules, and appendices.

The long title provides a comprehensive overview of the purpose of an Act, while the short title is a concise abbreviation.

Statements within a statute that clarify the legislative intent behind the law.

Sections within a statute that provide definitions and guidance for interpreting specific terms.

The hierarchical organisation of a statute, from chapters and parts to sections and paragraphs.

A legal decision that must be followed by lower courts in the same jurisdiction.

A single judge in a state or territory Supreme Court is not bound by decisions of other single judges in the same court.

A judge can depart from a previous decision if it is considered 'plainly wrong'.

A decision can be considered 'plainly wrong' if it makes a mistake about the law or applies it incorrectly.

State appellate courts are bound by decisions of the Full High Court but not by single judges of the High Court.

An intermediate court in Victoria with both original and appellate jurisdiction. It handles indictable criminal matters, commercial disputes, building disputes, medical negligence claims, and more.

A lower court in Victoria established by the Magistrates’ Court Act 1958 (Vic).

The authority of a court to hear and decide cases.

The standard of proof in civil cases is 'balance of probabilities.' This means the court must be more convinced that the alleged event happened than that it did not.

The standard of proof in criminal cases is 'beyond reasonable doubt.' This requires the prosecution to prove the defendant's guilt beyond a reasonable doubt, leaving no room for doubt in the minds of the jury.

The hearsay rule prohibits the admission of evidence that is not firsthand knowledge but rather a statement made by someone else outside of court.

Criminal appeals focus more on errors of law, while civil appeals can also challenge factual findings if they're 'glaringly improbable'.

Cases involving interpretation of legislation, complex technical issues, or issues of causation can blur the lines between fact and law.

Trial judges use precedents from higher courts and apply them to the facts of the case; they have limited discretion to create new law.

The jury, if applicable, evaluates evidence and determines the facts of the case; the judge instructs the jury on the law.

Appellate courts review decisions from lower courts to ensure they correctly applied the law and reached a just outcome.

Dictionaries are not just for defining words, they are helpful in understanding the range of possible meanings of a word within its statutory context. But, statutory context changes a word's meaning often.

When interpreting a law, assume it is intended to be applied to current situations even though it was written in the past.

Every word and clause in a statute should have meaning. Avoid interpreting parts as useless or irrelevant.

Laws are unlikely to be intended to violate basic human rights or legal principles without clear, explicit language.

Laws that aim to restrict fundamental freedoms require very strong wording to be upheld. Courts prefer clear and unambiguous language.

Laws are generally not intended to apply to events or actions that occurred before they were enacted.

When interpreting a law, it's helpful to consider related laws on the same topic. This helps see how the law fits within a wider legal framework.

When interpreting a law, consider what the law was like before it was changed. This helps understand the intended change.