Public vs Private Law

Public Law
Public law relates to the rules which govern the operation of the government and the
standards of behaviour that Australians are expected to abide by.

Applies to situations where the state acts as a representative of the people (representative
government)
Regulates relationships between the individual and the state
Prescribes the rules of governance
Includes the written Australian Constitution and the administrative laws necessary to
make the various divisions of government function effectively




International Law
Regulates the relationships between citizens of foreign nations
Mainly applies when Australia enters into international treaties and
agreements with the United Nations
Australia is a signatory to an international treaties(that is - signed an
agreement, making us obligated to follow international standards)


Constitutional Law
Most significant part of Constitutional Law in Australia is the Commonwealth
Constitution
Defines the rules of government and the nature of the institutions
of government
Defines the powers the governments can exercise
Outlines general procedures the government must use to make/enforce laws
as well as procedures that must be used to solve disputes



Administrative Law
Regulates the organisation, powers and duties of administrative authorities
(such as Govt. Departments)
Is a sub-branch of Constitutional Law
Consists of the rules that govern the exercise of executive functions of those
who work in government departments
Administrative law grows in size and complexity as new public laws are created
by Parliament

Criminal Law
Regulates the relationship between the individual and the state
in relation to unacceptable behaviour
Defines criminal behaviour and the procedures that must be
followed to arrest, prosecute, convict and punish offenders

Private Law
Contract Law
Contract law regulates legally binding agreements entered into voluntarily by legal entities
(individuals)

Forms the foundations of the Australian economy where people trade freely with each other to
create income and wealth
Only becomes a concern when one party breaches a condition of a contract
Most contract breaches are settled and resolved outside of court
A breach of contract is a civil wrong


Law of Tort
A tort is a civil wrong in which an individual acts in away that infringes the rights of another
person

Regulates the relationship between individual parties
Is primarily concerned with trespass, nuisance, negligence and defamation
Aggrieved parties may seek compensation for injuries or losses, or to protect their interests in
some way
Law of tort is a large and complex branch of law