MMP121 Study Guide - Final Guide: Alternative Dispute Resolution, Constitution Of Australia, Property Law

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Document Summary

Mmp 121 property law and practice lecture notes. Learning outcome: explain the historical underpinnings of property law. The australian legal system: the australian constitution, provides basic rules for government, fundamental law of australia binding everybody including commonwealth. Parliament and the parliament of each state: no law passed by any parliament can be contrary to the constitution. Conciliation: the process in which the parties to a dispute, with the assistance of a dispute resolution practitioner, identify the issues, develop options, consider alternatives and endeavour to reach an agreement: advisory not determinative role. Arbitration: is an adr process where the parties present arguments and evidence to an independent third party, the arbitrator, whom makes a final decision. Tribunals: tribunals- government sponsored or private, administrative- concerned with executive actions of government, civil- concerned with resolving private disputes. Common law system has two main sources of law: Cases/common law (law made by judges through judicial decisions)