1. What are the key steps involved in making a law?

- The idea for either changing or introducing a law is created and can come from a number of
sources. The parliamentary draftsman drafts a Bill which is then put forward to the Parliament by
the party who wants it to occur.
- The Bill can be introduced into either House but must pass through both before it can become a
law. In each house the Bill is read 3 times.
-Bill is presented to the Governor General to get consent and commences.

2. What is meant by each of the following terms used in relation to legislation?

Title name of the act
Table of provisions
Notes extra information in order to clarify purpose/intent or anything that is relevant to the case
Divisions and Parts deals with different issues in the legislation
Purpose Section details the purpose and need for the legislation
Commencement Section when the legislation will come into effect
Definition Section definition of the key words used throughout the legislation in order to
contextualise the meanings of each word to prevent a purely literal interpretation
Sections individual clauses of each legislation used to structure the legislation
3. Where would you look to find the full text of a particular Act?
On the internet: http://www.austlii.edu.au/databases.html

4. How is legislation cited and how would you cite each of the following pieces of legislation:
The New South Wales Civil Liability Act, which was passed in 2002
New South Wales Civil Liability Act 2002 (NSW)
The Victorian sale of goods legislation, known as the Goods Act, which was passed in 1958
Goods Act 1958 (VIC)
The Australian competition and consumer law legislation known as the Competition and
Consumer Act which was passed in 2010
Competition and Consumer Act 2010 (Cth)

5. How do you find and use previous cases as law? What is the ratio decidendi and what are obiter
dicta?
You can find previous cases through the internet or in databases in libraries. It can be used as law
due to the doctrine of precedent which means that court systems are bound by decisions of courts
of a higher authority. Ratio Decidendi translates as the reason for the outcome which is the
reasoning that creates legal principle (what the case stands for). Obiter Dictum translates as a
remark in passing which refers to the judicial observations that do not form any part of the
reasoning of the case and unlike ratio decidendi, obiter dictum is not binding on lower courts
however it may be of persuasive authority.
6. What is meant by the doctrine of precedent and when is a previous decision persuasive or
binding?
The doctrine of precedent means that systems lower are bound by the decisions of a higher court. A
binding precedent is one where the facts are same/similar and the court that made the precedent is
in the same hierarchy and a court of higher authority eg high court binding on all courts but a
decision of district court isnt binding on supreme courts. A persuasive precedent is one that is
seriously considered however it may or may not be followed. It is decided by court on the same level
of hierarchy or in a different hierarchy eg- decision by supreme court of NSW not binding on
supreme court of Victoria
7. What is a law report and give some examples of law report series and their abbreviations?
Law reports are volumes of books in which judgements (decisions of courts) have been compiled
together and published. When a particular judicial opinion is referenced, the law report series in
which the opinion is printed will determine the case citation format. A law report series is NSW Law
reports and they cover selected cases heard in the Supreme Court of NSW. The abbreviation is
NSWLR
8. What is meant by the citation of a case and where would you go to find a law report?
Law reports can be found in library archives and databases. A citation of a case is a system used to
identify past court case decisions usually in a series of books or law reports.