Tort law in Australia
The system of tort law in Australia is broadly similar to that in other common law countries. However, some divergences in approach have occurred as its independent legal system has developed.
Some of these differences include Australia-specific nuances involving: (1) what torts are recognised, (2) the steps to establish liability, and (3) calculations for awards of damages.
These differences have emerged due to both legislative reform, as well as common law developments.
Litigation[edit]
Tort law occupies much of the time of the various Magistrates, Local, District and County Courts and a substantial proportion of the time of the Supreme Courts of each of the states and territories. In addition, there are numerous specialist tribunals dealing with workers' compensation and other cases. Road accident victims are far more likely to make claims and receive tort compensation than any other group[24] This predominance is due not so much to the law of torts, but the fact that liability insurance is compulsory by statute in all Australian states.[25]
The below is a list of distinct torts relevant to Australian law
Well-established torts
Torts where the availability is not certain
Defunct torts