There are many similarities between the Australian and Indian legal systems given their shared history of English common law. Despite their common roots, there has been a lack of recognition by Indian and Australian lawyers of each other’s systems. As former justice of the High Court of Australia Michael Kirby AC CMG commented:
“The neglect by Indian and Australian lawyers of each other is as tragic as it is puzzling. It is tragic because it represents a lost opportunity for two common law countries, which are federations, which live by the rule of law, which are governed under democratic, parliamentary constitutions and which, in their different ways, protect fundamental human rights and basic freedoms.”
The book ‘Australia and India: A Comparative Overview of the Law and Legal Practice’ aims to bridge the gap by providing a comparative analysis of many important areas of the Australian and Indian legal systems.
Collaborative process
The book, edited by Professor Shaun Star, Executive Director of the Centre for India Australia Studies at O.P. Jindal Global University, is the result of a significant collaborative exercise. Each chapter is co-authored by an Indian and Australian expert to ensure a balanced perspective of the topic. In total, 41 co-authors, including judges, barristers, policy makers and academics from different fields of law contributed to the volume. In many instances, the co-authors were introduced to each other through the writing process itself. This led to further collaborations, including new publications and business linkages.