Australian law

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June 18, 2026

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Australian law is based on the English common law system, with laws primarily made by state and federal parliaments. Australia is a federation, meaning power is divided between the federal government (responsible for defense, foreign policy, immigration, etc.) and state governments (responsible for justice, education, health, etc.). The High Court of Australia resolves constitutional disputes.12

Elections are compulsory for citizens aged 18 and over, using a preferential voting system for the House of Representatives and proportional representation for the Senate. Each state has its own parliament and legal system, culminating in a Supreme Court, with appeals possible to the High Court. Local governments also exist, with powers granted by state legislation.3412

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bankruptcy
Persons subject to judicial liquidation of their estates
…dual system still governs in Australia, New Zealand, and India. A number of nations, following the model of the French law of 1838, extend their bankruptcy laws only to persons qualifying as merchants or engaging in trade but do not differentiate between individuals and corporations. To that class belong the…
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…dual system still governs in Australia, New Zealand, and India. A number of nations, following the model of the French law of 1838, extend their bankruptcy laws only to persons qualifying as merchants or engaging in trade but do not differentiate between individuals and corporations. To that class belong the…
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court
Courts in federal systems
…is found in Canada and Australia.
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…is found in Canada and Australia.
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hate crime
Australia, for example, has outlawed at the federal, state, and territory level words and images that incite hatred toward particular racial, ethnic, and religious groups. Relying on existing discrimination law, Australia has also prohibited conduct that constitutes “vilification” or “racial hatred.” Britain and Canada have…
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Australia, for example, has outlawed at the federal, state, and territory level words and images that incite hatred toward particular racial, ethnic, and religious groups. Relying on existing discrimination law, Australia has also prohibited conduct that constitutes “vilification” or “racial hatred.” Britain and Canada have…
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same-sex marriage
International
… became the first jurisdiction in Australia to pass a law permitting the marriage of same-sex couples, although Australia’s High Court later struck down the law within days of its having taken effect. In 2017 a majority of Australians voted for same-sex marriage in a nonbinding referendum. Shortly thereafter the country’s…
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… became the first jurisdiction in Australia to pass a law permitting the marriage of same-sex couples, although Australia’s High Court later struck down the law within days of its having taken effect. In 2017 a majority of Australians voted for same-sex marriage in a nonbinding referendum. Shortly thereafter the country’s…
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