Southeast Asian Lawyers Guide to Common Law

As attorneys hailing from Southeast Asia, the prospect of practising law within the jurisdiction of Australia presents both challenges and opportunities for professional growth. It is imperative that one fully comprehends the distinctions between the common law system prevalent in Australia and the civil law system entrenched in Southeast Asia.

This treatise aims to furnish a thorough guide for Southeast Asian attorneys seeking to traverse the Australian legal system and establish thriving careers within the nation.

Understanding the Differences Between Common Law and Civil Law in Australia

In Australia, the legal system is based on two main branches: common Law and civil law. Understanding the differences between these two branches of law is essential for anyone working in the legal profession in Australia.

Common law is a system of law that is based on judicial decisions, rather than on statutes or written laws. This means that the law is developed and shaped by the decisions of judges in court cases, rather than by laws passed by parliament. Common law is the foundation of the legal system in Australia, and is used in areas such as criminal law, contract law, and tort law.

Civil law, on the other hand, is a system of law that is based on statutes and written laws. This means that the law is created and defined by laws passed by parliament, rather than by judicial decisions. Civil law is used in areas such as family law, property law, and commercial law.

The Significance of Acquainting yourself with Australian Jurisprudence

A crucial facet of practising law within the Australian milieu is the familiarity with jurisprudence. A jurisprudence, or a legal precedent, refers to a prior judicial ruling that serves as a guide for subsequent cases. Within the Australian legal system, jurisprudence holds paramount importance as it aids in shaping and developing the common law.

For attorneys practising within Australia, it is imperative to be conversant with the jurisprudence that pertains to one's area of expertise. This enables a deeper comprehension of the law and the ability to present cogent arguments before a court of law. Furthermore, a familiarity with jurisprudence enables predictions on potential judicial rulings in future cases, thus providing an invaluable asset to one's clients.