Courts and the legal system

Find out how laws are made and what happens when you go to court.

Australian legal system

Australian law comes from either:

  • the common law (judge-made law or case law) or
  • an Act of parliament (statute law). 

How laws are made videos

How laws are made: Parliament and Courts

Watch the How laws are made videos to find out how laws are made by parliaments and the courts.

Parliament
The law governs our lives from the day we are born to the day we die. So where do our laws come from? This video explains how parliaments make law, explaining the process of a Bill to an Act, how legislation changes over time, why the Commonwealth makes some laws and the states others, and delegated legislation such as regulations.

Courts
Legislation is a major source of law. Courts are the other source of law. This video explains the court hierarchy, the jurisdiction of courts and tribunals, and how courts can make new law by interpreting legislation, filling gaps in legislation, and developing the common law when there is no legislation.

Online books

The Find Legal Answers Tool Kit is a collection of plain English books about the law. You can read them online or at your local public library.

Use the Tool Kit online books below to find information about the legal system.

The law handbook: your practical guide to the law in NSW

A practical guide to the law.

Hot Topics

Hot Topics is a series of short online books about the law.

Hot Topics: Australian legal system

An overview of the Australian legal system, covering how law is made, what the law deals with and the roles of the legislature, judiciary and executive.

Hot topics: Courts and Tribunals

An overview of Australia's court system, federal and state, and how it fits within the legal system.

Hot Topics: Voting and elections

Explains the key features of our electoral laws, who can vote, who can stand for election, and how votes are counted.

Criminal cases

Criminal cases involve a person being prosecuted by the police or a government prosecuting agency, such as the Director of Public Prosecutions, on behalf of the state for an offence against the law. 

If the court finds a person guilty of a crime, the court has the power to punish the offender by imposing a sentence (or punishment), such as a fine, a community service order, bond or custodial sentence (imprisonment). 

Online books

The Find Legal Answers Tool Kit is a collection of plain English books about the law. You can read them online or at your local public library.

Use the Tool Kit online books below to find information about going to court for a criminal offence. 

The law handbook: your practical guide to the law in NSW

A practical guide to the law

Defend yourself: facing a charge in court

A practical guide to defending a criminal charge in court which covers arrest and questioning, bail, dealing with lawyers, court procedure, how to plead, hearings and trials, preparation, evidence, proof, examination in court, sentencing, and appeals.

Hot Topics

Hot Topics is a series of short online books about the law.

Hot topics: YOu and your lawyer

Explains the role of lawyers and includes practical information about how to work with a lawyer, lawyers duties, ethics, costs and complaints.

Useful links 

Legislation 

Each court has its own Act and regulations. The legislation for some NSW courts and tribunals are listed below:

Civil cases 

A civil case involves a dispute between people (or between a person and the government) about the rights or liabilities of the people or organisations involved. A civil case usually involves one person seeking a remedy of some kind from another person to resolve a dispute between them.

Online books

The Find Legal Answers Tool Kit is a collection of plain English books about the law. You can read them online or at your local public library.

Use the Tool Kit online books below to find information about going to court with a civil matter.

How to run your own court case:  a practical guide to representing yourself in Australian courts and tribunals (non-criminal cases) 

A step-by-step guide to running a non-criminal case in a court or tribunal, with advice on making and defending a claim, collecting evidence, negotiating a settlement, presenting a case and appealing the result. 

Dealing with debt: a legal guide to personal debt in NSW

A guide that helps debtors understand common types of debt and debt recovery processes, consider alternatives for managing debt issues, and respond to debt recovery action in the Local Court of NSW.

Hot Topics

Hot Topics is a series of short online books about the law.

Hot topics: Courts and Tribunals

An overview of Australia's court system, federal and state, and how it fits within the legal system.

Hot topics: YOu and your lawyer

Explains the role of lawyers and includes practical information about how to work with a lawyer, lawyers duties, ethics, costs and complaints.

Useful links 

Legislation 

Each court has its own Act and regulations. The legislation for some NSW courts and tribunals are listed below:

Getting help

Legal Aid NSW, community legal centres and other organisations may give free legal help to people with a legal problem in NSW.

Find more sources of help on the Getting help page.

Legal information at the State Library

The Library has a large collection of textbooks, legal commentaries, legal encyclopaedias, databases, journals, legislation and court reports - everything you need for advanced legal research.

Finding legal information at the State Library.

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