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.

Central Coast Council followsLegalSystem Common law of New South Wales
this entity surface form: New South Wales law
Governor of New South Wales legalSystem Common law of New South Wales