Law in QLD
Find out about the different courts in Queensland, how to prepare before going to court, and alternative dispute resolutions to help you avoid going to court altogether.
Did you know there are other options than going to court? In fact, it's often best if you can avoid going to court altogether. Going to court can be time consuming and expensive.
Find out more about alternative dispute resolution
If you do end up having to go to court, make sure you are prepared. Read more about how to prepare before your court day, as well as what to do once you are there.
Queensland's legal system
Queensland is a common law jurisdiction. But what does this mean?
A common law jurisdiction is a legal system where the law is primarily derived from judicial decisions and precedents set by courts, rather than solely from statutes enacted by legislatures or written constitutions. In common law jurisdictions, courts play a central role in interpreting, applying, and developing the law through their decisions in individual cases.
Some of the key characteristics of common law jurisdictions, including Queensland are:
Precedent
Precedent is a fundamental principle of common law systems. Courts are bound by decisions made in higher courts and are often influenced by decisions made in similar cases in the past. This principle of stare decisis, or "let the decision stand," ensures consistency and predictability in the legal system.
Case law
Case law, which consists of judicial decisions, is a primary source of law in common law jurisdictions. Courts interpret statutes, fill gaps in legislation, and establish legal principles through their rulings.
Flexibility
Common law systems are adaptable and flexible, allowing courts to respond to changing social, technological, and cultural contexts by developing and evolving legal principles over time.
The role of judges in making law
Judges play a significant role in common law jurisdictions by interpreting statutes, resolving disputes, and creating legal precedent through their decisions. Their rulings contribute to the ongoing development of the law.
Legal principles
Common law jurisdictions recognize fundamental legal principles, such as the presumption of innocence, the right to a fair trial, and the rule of law, which guide judicial decision-making and the administration of justice.
Examples of common law jurisdictions include the United States, England and Wales, Canada (excluding Quebec), Australia, and many other countries with historical ties to the British legal system. However, the specific application and interpretation of common law principles may vary from one jurisdiction to another based on cultural, historical, and legislative differences.