Types of Law

Question 1

Define statute law.

Answer 1

Statute law refers to laws that are made by parliament - the representatives of the people.

They are created for the purpose of future events and cases - they cannot be retrospective.

“Statute laws will always override Common Laws.”

Question 2

Define common law.

Answer 2

Common law refers to laws that are made by judges in court, when statute laws are not applicable, given its difference in the circumstances of a case.

These judge-made decisions become precedents for future events and cases - they are always retrospective.

Doctrine of precedent - ‘stare decisis’ means to stand with a previous decision, given its relevance.

Question 3

Identify the legislative process of the Commonwealth Parliament in the context of a pertinent example.

Answer 3

1. Executive government drafts, and introduces bill to Parliament.
2. All 3 readings in each house (first - House of Representatives; second - Senate) passed through voting
3. Royal assent is given by the Governor-General
4. Bill becomes an Act of Parliament - law
5. It is then administered by Government departments - executive government

In the context of the Housing Australia Future Fund Bill 2023:
1. Introduced by Labor Party
2. Passed third reading in the House of Representatives
3. Up to second reading debate in the Senate