Common law is used in Australia because it is part of the country’s legal tradition and history. Australia’s legal system is based on the English common law system, which was introduced to the country when it was colonized by the British in the late 18th century.

The establishment of the Kings Courts by William the Conqueror in England during the 11th century marked the beginning of a process that led to the development of common law. In resolving local disputes, the courts applied local customs, which gradually evolved into rules. These rules later became the basis for courts to make decisions on similar disputes.

When the colonies of Australia were established, the English common law was the primary source of law. As the country evolved, common law continued to develop and be applied by Australian courts in a way that was appropriate to the Australian context. Today, common law is still an important part of Australia’s legal system and is used in many areas of law, including contract law, tort law, and property law.

In addition to common law, Australia also has statutes, which are laws passed by the federal and state parliaments, as well as regulations, which are rules made by government agencies. However, even these laws are often interpreted and applied by courts using common law principles. Overall, the Australian legal system is a combination of common law, statutes, and regulations, with the common law playing an important role in shaping and developing the country’s legal landscape.
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