NSW basics of law, commonwealth or state acts, university question

Discussion in 'Australian Law Students Forum' started by abby walsh, 27 September 2019.

  1. abby walsh

    abby walsh Member

    27 September 2019
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    I know this is probably a dumb question, but i was wondering how you tell weather an act/rule is commonwealth or state act?. for example what would
    Air Great Lakes Pty Ltd v KS Easter (Holdings) Pty Ltd Supreme Court of New South Wales [1989] 2 NSWLR 309
    be classified as and why plus how was this information found? thank you for your help
  2. Rob Legat - SBPL

    LawTap Verified

    16 February 2017
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    First, what you’ve bolded: that is a case - not an ‘act/rule’.

    In terms of cases, you look at the court If was heard in. Most state courts, such as the Supreme Court of NSW for this example, do not determine Commonwealth laws.

    In terms of acts, they often will say so when properly quoted. For example the Corporations Act 2001 (Cth) is a Commonwealth Act, while the Property Law Act 1974 (Qld) is a state Act of Queensland.

    There are generally other clues as well, such as the Commonwealth acts having the Commonwealth Coat of Arms at their beginning, and the state ones having their own state coats of arms.
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