Reception of English law Law of Australia

the legal institutions , traditions of australian law monocultural in character, reflecting english origins. when british arrived in australia, considered continent terra nullius, or land belonging no-one, on basis aboriginal peoples inhabiting continent primitive have lawful possession of land. under english conception of international law @ time, when uninhabited lands settled english subjects laws of england applied settled lands. such, aboriginal laws , customs, including native title land, not recognised. reception of english law clarified australian courts act 1828 (uk), provided laws , statutes in force in england @ date of enactment should applied in courts of new south wales , van diemen s land (tasmania) far laws applicable. since queensland , victoria part of new south wales, same date applies in states reception of english law. south australia adopted different date reception, did western australia.

the earliest civil , criminal courts established beginnings of colony of new south wales rudimentary, adaptive , military in character. although legality not observed, courts limited powers of governor, , law of colony @ times more egalitarian in britain.

by 1824, court system based in essence on english model had been established through acts of british parliament. new south wales act 1823 provided establishment of supreme court power deal criminal , civil matters , amply majesty s court of king s bench, common pleas , exchequer @ westminster . inferior courts established, including courts of general or quarter sessions, , courts of requests.

representative government emerged in 1840s , 1850s, , considerable measure of autonomy given local legislatures in second half of nineteenth century. colonial parliaments introduced reforms such secret ballots , female suffrage, not occur in britain until many years later. nevertheless, acts of united kingdom parliament extending colonies override contrary colonial legislation , apply paramount force . new doctrines of english common law continued treated representing common law of australia. example, doctrine of famous case of donoghue v stevenson modern negligence law derived, treated being latent within common law @ time of reception.