There is no definitive list of the different types of law in Australia; the categories can differ depending on how you group fields together, some fields encompass more than one area and there may be very niche sub-specialties within broader contexts. What can be helpful instead is to learn about all the main areas and well-known specialities. If there’s a specific field you’re interested in, you’ll have a foundation for further research.
What are the main types of law in Australia?
While the popular notion is that there are four major types of law, the reality is that there are many more types recognised by Australian law. The classic way of organising is:
- Public law
- Private law
- Statute law
- Common law
These can be considered the broadest possible terms, and they often overlap. For instance, there can be public statute law and public common law, private statute law and private common law.
Note also that “common law” isn’t really a specialty; it’s the system of legal precedent that informs judicial choices in court. Lawyers and judges must be generally well-versed in common law, though certain lawyers may specialise in it in order to support their firm’s clients.
Beyond this four-category, introductory list, more detailed explanations are important for a thorough understanding of the legal system. The State Library of New South Wales details that law can be divided in several ways, such as by its source, the relationships it governs, or the behaviour it addresses.
As far as categorising lawyers and areas of law, it’s usually most prudent to sort them by the behaviour or relationship, sector, or practical application.
Criminal, civil and administrative law: these groups concern conduct and disputes. They may concern individuals being charged by the state/territory/Commonwealth and disputes between individuals and organisations (in any combination). Most cases are handled by lower courts, but particularly complex or severe charges may be escalated to higher courts.
Private and public law: deals with the legal relationships between private people and organisations.
Specific titles and types of law that can be practiced: such as criminal law, corporate law, family law, property law, constitutional law, tax law, international law, intellectual property law, human rights & anti-disrimination law, etc.
Fields of law can be referred to as “types of law”, “areas of law”, or “branches of law.” These terms are often used interchangeably. Their precise meaning usually depends on the context: a student might prefer a certain term to refer to their university program, while a lawyer might use a specific term to describe their law firm’s specialties.
Criminal law, civil law and administrative law
This categorisation is one of the most useful ways to understand what law deals with. It’s a broad way of separating law into different sectors. It helps explain why a prosecution, a dispute over money and a challenge to a government decision follow different legal processes.
Criminal law
Focuses on punishment; government (community) vs an individual or company; requires persecution to prove guilt beyond reasonable doubt
Criminal law concerns behaviour that is considered an offense against the community at the local, state, or federal level. Examples of criminal matters include:
- Theft, burglary, deception, trespassing
- Assault, stalking, harassment, gross indecency, kidnapping, murder, manslaughter
- Certain traffic offenses, driving while under the influence of drugs
- Drug trafficking
- Animal cruelty
- Unlawful arms or ammunition possession
- Violations of statutes and Acts
Exact criminal charges for certain types of offenses can differ per state or territory, depending on local jurisdictions and laws. Other types of offenses are chargeable across the entire country because they fall under Commonwealth legislation. Additionally, charges can range from minor to major, with different procedures and consequences.
Prosecution usually stems from the state, meaning the community at large is being represented by government officials against the person who is accused of harming society.
The question in these proceedings is whether the accused truly committed the alleged offense. Defense lawyers represent accused people to protect their legal rights. Prosecutors act on behalf of the community.
The prosecution generally needs to prove guilt beyond a reasonable doubt. A guilty conviction can lead to a justice in the form of a penalty, including a fine, community service or imprisonment. Learn more about criminal defending with a law tutor Perth.
Civil law
Focuses on compensation and resolving private disputes; involves individuals and companies making claims against one another; uses balance of probabilities standard to determine ‘guilt’ and liability
Civil law concerns violated rights and disputes between people or organisations, as well as upholding obligations. It can involve government agencies or matters between individuals and/or non-government organisations and companies. Civil wrongs are referred to as ‘torts’. Generally speaking, it mostly involves one party seeking compensation for things like:
- Unpaid invoices, breach of contract, selling faulty goods
- Injuries and damages due to negligence
- Defamation
- Family matters (divorce, custody, property settlements)
- Violations of statutes and Acts
The method of determining if an accused is liable involves the balance of probabilities standard. Unlike ‘beyond a reasonable doubt’, this standard means that as long as the accuser can prove at least a 51% probability of liability, the accused can be held at least partially liable. Not every civil dispute goes to court. Pre-court negotiation and mediation often leads to legal dispute resolution.
Instead of jail, community service or fees paid to the community, the liable party usually must provide a remedy for the situation. A remedy is a legal response to make right a wrong. The liable party may compensate the wronged party and cover their legal fees. They may also be responsible for paying additional compensation for emotional damages, economic losses and future health care costs, if applicable.
Civil court involves defense lawyers and prosecution lawyers.
Administrative law
Concerns government decision-making and the exercise of executive power
This field involves examining how public authorities use their powers. It provides ways for people to obtain information and challenge government action. Depending on the issue, a challenge may involve a tribunal or a court hearing.
The most germane concepts in administrative law are the The Federal Act is the Freedom of Information Act 1982 (Cth) and Freedom of Information Amendment (Reform) Act 2010, and the Government Information (Public Access) Act 2009 (NSW). Under these acts, members of the public have the right to request information from the government, though they may need to pay a fee.
Individuals who may need administrative law council include:
- People in the immigration process or who need visas
- People in need of social security or welfare payments
- People getting licenses and permits
- Anyone in these situations who have been denied and need to appeal
Administrative law can also come into effect if a person or group of people believe the government has violated their rights. For example, if the local or Commonwealth government places conditions on a land-use permit, levies special charges on a civil works development, or imposes undue penalties or charges, there may be a case pursued against the government. Understanding legal terms is imperative for comprehending whether there is a case or not.
| Category | What it deals with | Questions asked | Typical parties involved | Broad examples | Possible outcomes |
|---|---|---|---|---|---|
| Criminal law | Conduct treated as an offence against the community as detailed by legislation and statute laws. | - Did this person commit the alleged offense? - Can guilt be proven beyond a reasonable doubt? | - The prosecution, acting for the state or community. - The accused person or organisation, along with defense team. | Theft, assault, fraud, murder, drug offences and serious traffic offences. | A finding of guilty or not guilty. Penalties can include fines, community-based orders or imprisonment. |
| Civil law | Rights, obligations and disputes between people, businesses or organisations. | - Is the accused probably liable? - What remedy should be applied to the situation? | - A plaintiff or applicant who brings the claim. - A defendant or respondent who answers it. | An unpaid invoice, a breach of contract, a negligence claim after an injury, or a property dispute. | A remedy such as compensation or damages, an order to perform a contract, or another order resolving the dispute. |
| Administrative law | Government decision-making and the exercise of executive power. | - Did the government authority act fairly and lawfully? | - A person or organisation affected by a government decision. - The government agency or public authority that made it. | A refused visa, a rejected licence application, a planning decision, or a decision about government benefits. | A decision may be reviewed, set aside, remade, or upheld. A tribunal or court may also require the agency to follow the correct process. |
Public law and private law
The distinction of public and private law is a second way to organise the legal field; it’s not a one-to-one comparative structure to the criminal/civil/administrative model. This classification system focuses on the relationships involved, rather than the conduct or dispute being examined.
When one of the entities in a case is the state or other government power, or involves a relationship between public authorities, it falls under the public law umbrella.
Criminal law, constitutional law, administrative law, etc.
These types of law involve the community, state or Commonwealth, either as a prosecutor or defendant.
Local levels, state levels, federal level
When all entities in a case are individuals, businesses, or organisations not affiliated with the government.
Contract law, tort law, property law, family law, etc.
Cases between private parties do not usually need government involvement, since they can be resolved using laws already in place from governing bodies.
Local levels, state levels
Common areas of legal practice in Australia
In everyday terms, “types of law” generally refers to the different fields in which lawyers work. These distinctions help clients understand the type of legal help they may need and aids students deciding on possible careers. Successful law firms frequently describe their services in these terms. Here are some of the most well-known legal practice areas that lawyers often specialise in; it is not an exhaustive list.
| Legal field | Main issues it addresses | Public or private | Legal sector |
|---|---|---|---|
| Family law | Separation, parenting arrangements, child support, property settlements and family violence matters. | Private, with public-law elements where child protection or family violence orders are involved. | Civil; sometimes administrative. |
| Criminal law | Offences against the community, investigation, prosecution, defence and sentencing. | Public. | Criminal. |
| Contract law | Legally binding agreements, performance, breach and remedies. | Private. | Civil. |
| Tort law | Civil wrongs, including negligence, nuisance and other claims for harm or loss. | Private. | Civil. |
| Property law | Ownership, transactions, leases, land use and disputes involving property. | Private, with public-law elements in planning and land-use matters. | Civil; sometimes administrative. |
| Corporate and commercial law | Company affairs, business transactions, commercial contracts and regulatory compliance. | Private. | Civil. |
| Employment and workplace law | Employment contracts, dismissal, workplace rights, enterprise bargaining and industrial relations. | Private, with public-law elements in workplace regulation and discrimination matters. | Civil; sometimes administrative. |
| Constitutional and administrative law | The structure and limits of government power, and the legality and fairness of government decisions. | Public. | Administrative; constitutional issues may arise in civil or criminal proceedings. |
| Intellectual property law | Protection and use of inventions, trade marks, copyright and other creative or commercial assets. | Private. | Civil. |
| Tax law | Tax obligations, business structures, transactions and disputes with revenue authorities. | Both. | Civil; administrative where tax decisions are reviewed. |
| Immigration law | Visas, migration, citizenship, refugee claims and review of migration decisions. | Public. | Administrative; civil where judicial review or related claims arise. |
| Environmental law | Environmental protection, pollution, conservation, planning, development and natural-resource management. | Both. | Administrative and civil; sometimes criminal where environmental offences are involved. |
| Human rights law | Discrimination, equality, civil liberties and protections under Australian and international human-rights frameworks. | Public, with private-law elements in discrimination disputes between individuals or organisations. | Civil and administrative. |
Why different areas of law often overlap
In practice, real legal problems do not always fit neatly into one category. Often, they may overlap, or a defendant may be accused of a crime or crimes that span multiple legal areas. Read the following hypotheticals to understand how several fields can apply to one situation.
An employment dispute involving discrimination
Scenario: An employee believes their employer has failed to honour a contractual promise and also believes their ethnicity influenced the situation.
Areas involved: The contractual promise naturally calls for contract law examination. The employment relationship raises workplace law questions. The alleged discriminatory treatment can invoke workplace law or human rights law, in some cases.
A business dispute involving software
Scenario: Two companies disagree about payment for software developed under a contractual agreement. They also disagree about who may use the finished product.
Areas involved: The issue of owed payment may involve contract law. Intellectual property rights law applies to who has the rights to use the software. Questions about company approvals and connected issues could introduce corporate law. Learning the fine details is easier with help from a law tutor Melbourne.
A challenge to a government decision
Scenario: A government agency refuses someone’s application. The applicant believes the agency misunderstood the legislation governing its decision.
Areas involved: Administrative law covers how the agency exercised its power and if there are grounds to challenge the decision.
Which areas of law do students study?
Law degrees in Australia normally combine foundational legal studies with opportunities to explore specialised subjects. Many students who enter law school do not have a specific choice of which area to specialise in at first.
Students build knowledge across several areas, getting a well-rounded education in a Bachelor of Law (LLB) or Juris Doctor (JD) rather than solely studying one type of law for their entire academic career. They may pursue higher education for law specialisations Australia, such as a Master of Laws (LLM), Doctor of Laws (LLD) or Doctor of Philosophy in Law (PhD).
Many students also explore elective courses to learn more about a variety of fields, such as anti-discrimination law and advanced taxation law.
The compulsory subjects legal students must study are referred to as the Priestly 11:
- Administrative law
- Civil dispute resolution
- Company law
- Contracts
- Criminal law and procedure
- Ethics and professional responsibility
- Equity, including trusts
- Evidence
- Federal and state constitutional law
- Property
- Torts
Whether you’re a prospective law student or already enrolled in a legal course, you may benefit from a legal studies tutor who can help you understand everything you need to know in your law courses. Tutoring can also help you determine which area of law interests you most, so you can choose a fulfilling career path.
References
- Bachour-Choucair, Cynthia. “How to Distinguish Between Criminal and Civil Law.” Jameson Law, 20 Oct. 2025, jamesonlaw.com.au/criminal-law/how-to-distinguish-between-criminal-and-civil-law. Accessed 10 Oct. 2026.
- “Hot Topics: Australian legal system.” State Library NSW, www.sl.nsw.gov.au/find-legal-answers/books-online/hot-topics-australian-legal-system/what-law-deals. Accessed 10 Oct. 2026.
- “Infosheet 23 - Basic Legal Expressions.” Parliament of Australia, 17 Aug. 2018, www.aph.gov.au/About_Parliament/House_of_Representatives/Powers_practice_and_procedure/00_-_Infosheets/Infosheet_23_-_Basic_legal_expressions. Accessed 10 Oct. 2026.
- Public Interest Advocacy Centre (PIAC). “Hot Topics: Australian legal system.” State Library NSW, edited by Andrew Haesler, Aug. 2026, www.sl.nsw.gov.au/find-legal-answers/books-online/hot-topics-australian-legal-system/overview. Accessed 10 Oct. 2026.
- “Types of Law in Australia (and How to Choose Yours).” College of Law, www.collaw.edu.au/practical-legal-training/types-of-law-in-australia-and-how-to-choose-yours. Accessed 10 Oct. 2026.
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