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Common-law Practices Of Australia

The legal industry in Australia has several different fields, ranging from patent law to family law. The 10 most common law practices of Australia are listed below, along with some information about what they entail and how much lawyers make in each field. Use this information to help you decide which field of law may be the best fit for you.

1. Wills

Wills law is one of the most common legal practices in Australia. A will is essentially a legal instrument that provides for the distribution of an individual’s property if they die. A person can name beneficiaries who may or may not be part of their family or loved ones. Beneficiaries receive property when a person die. Without a will, an estate must go through probate which can take years and cost you dearly in taxes and fees.

2. Family Law

Family law is one of the most common practices in Australia. It covers matters including divorce, child custody, adoption, and separation matters. What makes family law unique is that they deal with matters that are close to home or hearts. This means that these cases are often more emotionally charged than other cases. Family law practitioners have a wide range of skills but almost all can relate to their clients on an emotional level.

3. Property Laws

In most countries, the property is protected by a series of laws, most of which have been established for centuries. In Australian law, there are two distinct types of property: real and personal. Real property (also known as real estate) refers to land or anything attached to it that isn’t portable; examples include buildings, trees, fences, gates, or walls.

4. Criminal & Traffic

Traffic and criminal lawyers specialize in representing individuals accused of criminal or traffic-related violations. Traffic laws typically pertain to moving violations, such as speeding, running a red light, and careless driving. Traffic law practices also typically handle DUIs and DWIs. In contrast, criminal law covers more serious violations such as homicide or theft. Criminal practitioners help their clients by preparing defense strategies designed to get charges reduced or dismissed completely.

5. Insolvency & Corporate Restructuring

While Australians are generally in good financial shape, there are always exceptions. If you’re having trouble with money or if your finances have become so complicated that you can’t work out how to fix them, an insolvency lawyer could help. The main job of an insolvency lawyer is to ensure that your company is solvent again—or liquidated if it isn’t—through a process called restructuring.

6. Personal Injury

Personal injury law is a practice that focuses on protecting people from harm caused by negligence. It is related to tort law and frequently overlaps with areas such as medical malpractice and products liability. More often than not, personal injury lawyers work on a contingency fee basis, meaning they get paid when you do. This can make getting their services much easier for clients who do not have thousands of dollars sitting around to pay legal fees upfront.

7. Taxation law

The Australian Taxation Office (ATO) is responsible for collecting taxes, duties, and levies. The ATO aims to help all Australians pay their fair share of tax, while also getting refunds on legitimate claims. It also helps individuals and businesses with accounts and services including lodging returns, paying accounts, registering for goods and services tax (GST), making superannuation contributions, or seeking franking credits.

8. Banking & Finance law

The common law makes it clear that banking is considered a trade, and like any other trade, banks are regulated by appropriate government agencies. Banks receive their deposits at call (deposits may be withdrawn on demand) and accept promissory notes as collateral for loans. As a result, they have traditionally been subject to special laws, as well as regulations concerning capitalization, reserve requirements, and so forth.

9. Employment & Workplace Relations Law

Employers and employees both have rights and responsibilities that govern their relationships. Employers must follow laws that govern hiring, firing, compensation, and hours. Employees have basic rights to privacy and due process as well as protection from discrimination. Employment & Workplace Relations Lawyers help resolve conflicts between employers and employees or assist with compliance strategies for all parties involved.

10. Intellectual Property

Intellectual property (IP) is essentially a non-physical asset that must be protected and guarded. All businesses want to protect their IP and go to great lengths to ensure its integrity, authenticity, and legality. Intellectual property includes patents, trademarks, trade secrets, copyrights, and proprietary information. The most common intellectual property concerns for small businesses involve trademark infringement and misappropriation of trade secrets.

The law industry has changed drastically over time. The population has grown significantly and there is more legislation than ever. So, if you’re looking for a career in law, it may be your best bet to get educated on all aspects of legal practice so that you can thrive in an ever-changing environment.


1. What are some of the most common law practices in Australia?

A non-exhaustive list is as follows: Accidents and compensation; Bankruptcy, Consumer and business; Civil and employment; Debt recovery; Family breakdown; Human rights; Intellectual property infringement and defamation.

2. How do I know if I need a lawyer or not?

An initial consultation with a legal professional will be able to tell you whether or not your case requires representation in court. You’ll have questions that are specific to your case, so it’s best if you speak directly with an attorney about how they can help.

3. Do most common law practices differ from country to country?

They do differ but to varying degrees. For example, in most countries, it is possible to make a valid will without necessarily having to go through lawyers or notaries public; however, there are usually formalities that must be followed for it to be recognized.

4. How can I find an affordable lawyer in my area?

If you’re looking for a lawyer, you can contact your local bar association and ask them about affordable legal representation. They should be able to provide you with a list of local lawyers who offer free consultations to potential clients.

5. Which law practice is most lucrative in AU?

Personal injury litigation claims, like medical malpractice lawsuits, are by far one of the most lucrative types of law practice in AU. It’s not surprising why there are so many Australians looking to pursue a career in personal injury law.

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