Defining Common Law (Action Against The Commonwealth)

Australia has a system of law known as common law, based on the British system.

The phrase 'common law' evolved from the Middle Ages.  Originally, the common law of England related to general “rules” which applied across the whole country, as distinct from local customs.

These days, reference to a common law claim means a claim against someone (not brought under a statute) for some 'wrong'.

The remedy available to the plaintiff through an action taken at common law is an order to the defendant to pay damages as 'compensation' for some wrongful act.