Canon Law:

Canon Law is the set of internal rules and religious principles governing a Church. Canon Law binds all clergy, ministers, priests, bishops, other senior members of a Church and its followers. They must ensure their conduct accords with the Canons of their Church. The Catholic Church’s Code of Canon Law provides one of the most well-known examples of Canon Law.

Canon Law may identify the hierarchy within the Church, the mission of the Church, responsibility for the day to day administrative management of a parish, the compulsory sacraments to be made by members of the Church, matrimonial rules, penances and the jurisprudence of the Canon Law.

 Canon Law often intersects with the laws of the State in many ways. For example:

• Property ownership under Canon Law may be different to the legal property rights conferred by law;
• It may not be clear under Canon Law whether the clergy, priests or other religious members are employees of the Church. Employees may be eligible for further entitlements under law, for example protection from unfair dismissal.
• The authority to negotiate and enter into Contracts on behalf of the religion under law and Canon Law may be unclear or inconsistent.

Canon Law may also govern the private lives of individual followers or adherents of its religion. For example, a divorce through the Australian legal system is not recognised by the Catholic Church in circumstances where the couple married in a religious ceremony. Catholic divorcees will need to apply to the Church’s Tribunal for an annulment to be granted, in addition to the lodgement of a divorce application under the Family Law Act.

If you wish to speak to one of our Religious Law & Advice Lawyers, please contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au. 

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