Australian Legal Institutions: Principles, Structure and Organisation

Abstract

This second edition of 'Australian Legal Institutions: Principles, Structure and Organisation' aims to build on the objectives set out in the preface to the first edition. Since that first edition in 1996, the world in general, and the Australian legal scene in particular, has changed to a great extent. For example, we hear constant talk of globalisation and of the increasingly comparative nature of Australia's legal system in which Australian law is calibrated against the law of other countries. This has resulted, for example, in some justices of the High Court being more willing to look at developments. This comparative approach is also evident in other countries where, for example, the United Kingdom House of Lords in 'Arthur J S Hall & Co' [2000] 3 WLR 543 reviewed a broad sweep of national approaches (including Australia's) on the issue of the immunity of barristers for their work against claims of negligence. This issue is discussed in Chapter 12. There has also been the continuing evolution of "the Australian common law" in the wake of the 'Mabo case' of 1992. In terms of legal education, we have had the Australian Law Reform Commission's Report No 89, 'Managing Justice', which discusses the fact that legal education needs to focus more on "what lawyers do" rather than simply on "what the law is". We have also seen the advancing of the technological revolution and of the internet, which has fundamentally changed the way we communicate with one another via email, mobile phones and so on. For lawyers it has also revolutionised legal research techniques by providing access to a vast array of materials via websites such as Austlii. At the same time as these developments have taken place, the essential fabric and shape of Australia's legal institutions have remained the same.