Common law of New South Wales
E77548
The Common law of New South Wales is the body of judge-made legal principles and precedents that underpins and guides the operation of the state’s legal system alongside statute law.
Observed surface forms (1)
| Surface form | As subject | As object |
|---|---|---|
| New South Wales law | 0 | 1 |
Statements (46)
| Predicate | Object |
|---|---|
| instanceOf |
body of judge-made law
→
common law → legal system → |
| appliesInJurisdiction | New South Wales → |
| basedOn |
case law
→
judicial precedent → |
| coexistsWith | statute law of New South Wales → |
| constrainedBy |
Australian Constitution
→
surface form:
Constitution of Australia
statutes of the Parliament of Australia → statutes of the Parliament of New South Wales → |
| coversArea |
administrative law principles
→
contract law → criminal law principles → equity → evidence law principles → property law → tort law → |
| developedBy |
District Court of New South Wales
→
courts of New South Wales →
surface form:
Local Court of New South Wales
Supreme Court of New South Wales → courts of New South Wales → |
| historicallyDerivedFrom |
English law received in New South Wales
→
common law of the Colony of New South Wales → |
| influencedBy |
English law
→
surface form:
English common law
|
| interpretedBy |
Supreme Court of New South Wales
→
surface form:
Supreme Court of New South Wales Court of Appeal
Supreme Court of New South Wales →
surface form:
Supreme Court of New South Wales Court of Criminal Appeal
|
| language | English → |
| legalSystemType | adversarial system → |
| legalTradition | Anglo-Australian common law tradition → |
| modifiedBy |
judgments of the High Court of Australia
→
local statutes → |
| overriddenBy |
inconsistent Commonwealth legislation within constitutional power
→
inconsistent New South Wales legislation → |
| partOf | legal system of New South Wales → |
| providesFrameworkFor | interpretation of New South Wales legislation → |
| recognisesPrinciple |
duty of care in negligence
→
fiduciary duties → legal professional privilege → natural justice → privilege against self-incrimination → vicarious liability → |
| sourceFor | legal reasoning in New South Wales courts → |
| subjectTo | High Court of Australia → |
| usesDoctrine |
obiter dicta
→
ratio decidendi → stare decisis → |
Referenced by (2)
Full triples — surface form annotated when it differs from this entity's canonical label.
this entity surface form:
New South Wales law