NSW Does Local Court Create Common Law?

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Precedent2

Well-Known Member
6 May 2018
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You are incorrect and wrong. The common law is judge-made law in Australia, which is law established on centuries of wisdom beginning in Great Britain with the Norman Conquest. Unlike the Civil Law countries of Europe which codify their legislation, the legislative enactments by parliaments in Australia can be seen to modify the common law. I mean, that's not even my question, but you're right about one thing -- if the electorate don't like a new law they will attempt to vote the mob out for enacting it, lol.
 

Precedent2

Well-Known Member
6 May 2018
15
2
74
You had answered my original question very well, I think. I was referring to the most recent:

One more thing: Do you know who represents the RMS in court for actions to recover speeding, parking fines, etc?

Tim W, the answer to this question I posed is: the police prosecutor for the first mention. Then, if it goes to hearing, the RMS will either have their own lawyer, or they will shuffle one in from the Crown Solicitors Office. Indolent and bored by a template existence in court, I suspect that either adversary will make for easy work.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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It depends on the offence.
A court-elected speeding infringement might attract only the efforts of a Police Prosecutor.
By contrast, prosecuting a Manner Dangerous Causing Death,
with complex technical evidence, and perhaps witnesses,
might be more likely to be handled by a lawyer from (or briefed by) the DPP.