Which statement best describes statute law and common law in Australia?

• A. Statute law is law made by parliament via legislation; common law is law developed through court decisions and precedent.
• B. Statute law is created by judges; common law is created by government ministers.
• C. Statute law and common law are the same thing.
• D. Common law is enacted by parliament and then codified.

Answer: (A)

In Australia, statute law is the law made by Parliament through legislation, while common law is the body of rules developed by courts through decisions and the use of precedent. Parliament passes Acts to set out rules, rights, and penalties; judges interpret those Acts and, when necessary, create new principles through decisions in individual cases. Over time, the common-law rules build up as courts resolve disputes and apply past decisions to new situations, providing consistency through the doctrine of precedent. The two work together, and statutes can codify or modify aspects of common law, while common law can fill gaps left by legislation. This description is the clearest and most accurate, unlike statements that attribute statute-making to judges, suggest they are the same thing, or claim common law is enacted by Parliament and then codified.