Australia
From MMILC
Contents
|
Cases
General Rule
| <Case Name> (<Year>) <Volume> <Abbreviated Report Series> <Starting Page>, <Pinpoint>. |
Case Name
Parties' Names
| Rule AGLC r 2.1.1 | A citation to an Australian case should include the parties' names in italics as they appear on the first page of the report, except that:
|
| Example | Mitcham v O'Toole (1977) 137 CLR 150. |
Corporations and Firms
| Rule AGLC r 2.1.2 | Where a party is a corporation or a firm, the following abbreviations should be used:
|
| Example | Peter Turnbull & Co Pty Ltd v Mundus Trading Co (Australasia) Pty Ltd (1954) 90 CLR 235. |
The Commonwealth and the States and Territories
| Rule AGLC r 2.1.3 | Where a party is the Commonwealth of Australia, ‘Commonwealth’ should be used.
Where a party is an Australian State or Territory, only the name of that State or Territory should be used. Thus, 'Victoria' would be used, not 'State of Victoria'. |
| Example | Wacando v Commonwealth (1981) 148 CLR 1. |
| Rule AGLC r 2.1.3 | Where a party is an Attorney-General, ‘Attorney-General’ should be used in the text and ‘A-G’ in the footnotes, followed by the abbreviated form of the relevant jurisdiction in parentheses. |
| Example | A-G (NT) v Hand (1991) 172 CLR 185. |
| Rule AGLC r 2.1.3 | Where a party is a Director of Public Prosecutions, ‘Director of Public Prosecutions’ should be used in the text and ‘DPP’ in the footnotes, followed by the abbreviated form of the relevant jurisdiction in parentheses. |
| Example | DPP (WA) v Silbert (2000) 112 A Crim R 88. |
The Crown
| Rule AGLC r 2.1.4 | Rex (‘the King’) and Regina (‘the Queen’) should be abbreviated to R, except where the Crown is the respondent. |
| Examples | Gregory v The Queen (1983) 151 CLR 566.
R v Iorlando (1983) 151 CLR 678. |
‘Re’ and ‘Ex parte’
| Rule AGLC r 2.1.5 | Procedural phrases such as ' In re ' and ' In the matter of ' should be shortened to ' Re '. ' Ex parte ' should not be abbreviated. |
| Examples | In re Wolanski's Registered Design (1953) 88 CLR 278.
Dale v Scott; Ex parte Dale [1985] 1 Qd R 406. |
NOTE:
- Re means 'in the matter of' and is commonly used when a court acts in an advisory or guardianship capacity, as it does in cases involving the interpretation of wills or trusts. *Thus, for example, if Re Smith was a trusts case, Smith would be the testator or settlor.
- Extended case names such as Morgan v Jones; Re Williams can occur where, for example, Williams left property to Jones to hold on trust for Morgan and Morgan sues Jones to enforce the will.
- In speech, Re should be rendered 'in the matter of'.
NOTE: Ex parte indicates that the party to an action is acting in the absence of the other party.
- Thus, for example, Ex parte Livingston indicates that Livingston brought the action.
- Extended case names such as Ex parte Livingston; Re Jocic can occur where, for example, Livingston brings an action concerning Colier's rights under Jocic's will.
‘Ex rel’
- When citing a relator action, the first-named relator should always be included and should be introduced by the abbreviation ‘ex rel’.
‘v’ and ‘and’
- An italicised ‘v’ not followed by a full stop is normally used to separate parties' names.
- However, the word ‘and’ is used to separate parties’ names in some family law cases rather than ‘v’.
NOTE:
- In Australia and England, the ‘v’ between the parties' names is pronounced ‘and’ in a civil action and ‘against’ in a criminal action.
- It is not pronounced ‘versus’ as it is in the United States.
Abbreviated Case Names and Popular Case Names
| Rule AGLC r 2.1.8 |
|
| Example | McGinty v Western Australia (1996) 186 CLR 140 (‘McGinty’). |
| Rule AGLC r 2.1.9 |
|
| Example | Commonwealth v Tasmania (1983) 158 CLR 1 (‘Tasmanian Dam Case’). Subsequent citations should appear as Tasmanian Dam Case (1983) 158 CLR 1. |
As a general rule, abbreviated and popular case names should only be used when:
- a case has a widely accepted popular name (eg Tasmanian Dam Case) or is widely known by a short name (eg Wik);
- the case is referred to numerous times; or
- the case name is long and the case is referred to more than once.
Generally, usage should be guided by the way in which a case is treated in other writings, eg Oceanic Sun, not Oceanic.
Omitting the Case Name
| Rule AGLC r 2.1.10 |
|
Year and Volume
| Rule AGLC r 2.2 |
|
| Examples | Federal Commissioner of Taxation v Vogt [1975] 1 NSWLR 194.
General Newspapers Pty Ltd v Telstra Corporation (1993) 45 FCR 164. |
Law Reports
Official and Unofficial Report Series
| Rule AGLC r 2.3.1 |
|
The following are authorised report series:
- Federal Courts: CLR, FCR, Fam LR.
- State Courts: NSWLR, LR (NSW), SR (NSW), NSWR; NTLR (pre-1992 judgments published in CLR); QLJ, QLR, Qd R, St R Qd, QSCR; SASR; SR (WA); VR; WAR.
- Tribunals: ALD.
When citing reported cases, the preferable order is:
- Authorised report series;
- Unauthorised report series;
- Medium-neutral citation (although the medium-neutral format should only be used where the case is unreported).
If the citation is to a non-authorised report series, check the CaseBase (Lexis-Nexis AU link from LRC ‘Popular Databases’ page) for a parallel citation to an authorised series.
The following are unauthorised report series which have no authorised equivalents:
- Federal Court: FLR (until 1984).
- Industrial Relations Court: ALR.
- State Courts: Tas LR, Tas SR; VLR; WALR; ACTR (appended to ALRs); NTR (until 1991) (appended to ALRs, some of these were unauthorised, check on front page).
When citing unauthorised reports the preferable order is:
- FLR;
- ALR;
- ALJR;
- Other general report series;
- Topical report series;
- Electronic databases;
- AustLii;
- Other Internet sources.
Starting Page
| Rule AGLC r 2.4 |
|
| Examples | Wragg v New South Wales (1953) 88 CLR 353.
Bank of America (1995) ATPR ¶41-390, 40 334. |
Pinpoint Reference
| Rule AGLC 2.5 |
|
| Examples | Holloway v Pilkington (1972) 197 CLR 391, 391.
Lawson v Lawson [1999] FLC ¶92-874, 86 375; Sorby v Commonwealth (1983) 152 CLR 281, 282, 295. |
Judges
Identifying the Judge
| Rule AGLC r 2.6.1 |
|
| Example | Kartinyeri v Commonwealth (1998) 195 CLR 337, 383 (Gummow and Hayne JJ). |
Dissenting Judges
- When referring to a dissenting judge, use a comma to separate the judge’s name and ‘dissenting’: (Lord Hobhouse, dissenting).
Multiple Judges
- When referring to more than one judge, use the word ‘and’, not ‘&’: (Toohey and Gaudron JJ).
Capitalisation of Words Preceding 'Honour'
- For ‘her Honour’ and ‘his Honour’, capitalise only the word ‘Honour’.
Special Titles for Judges
- Beware of judges’ titles: note special titles for NSW judges, eg JA.
Judges — Writing Curially and Extra-Curially
| Rule AGLC r 1.13.2 |
Writing Curially
|
| Examples |
Citing a judge writing curially (in the text):
|
- Although the abbreviated form of a judicial title should generally be used in the substantive text when referring to a judge writing curially, the exception to this is when a sentence begins with the name of a judge.
- In this case, his or her judicial title should be written in full (for example, Justice Kirby).
Statements Given during Argument
| Rule AGLC r 2.6.2 |
|
| Example | Mutual Life Insurance Co of New York v Moss (1906) 4 CLR 311, 316 (Griffith CJ, during argument). |
Subsequent Elevation
| Rule AGLC r 2.6.3 |
|
Parallel Citations
| Rule AGLC r 2.7 |
|
| Example | Perre v Apand Pty Ltd (1997) 80 FCR 19 not Perre v Apand Pty Ltd (1997) 80 FCR 19; 160 ALR 429. |
Court
| Rule AGLC r 2.8 |
|
| Example | Aldrick v EM Investments (Qld) Pty Ltd [2000] 2 Qd R 346 (Court of Appeal). |
Case History
| Rule AGLC r 2.9 |
|
| Example | Introvigne v Commonwealth (1980) 32 ALR 251; aff'd (1982) 150 CLR 258. |
Unreported Decisions
| Rule AGLC r 2.10 |
<Case name> [<Year>] <Unique Court Identifier> <Judgment number> (Unreported, <Judge(s)>, <Date of Judgment>) <Pinpoint reference>.
<Case Name> (Unreported, <Court>, <Judge(s)>, <Date of judgment>) <Pinpoint>.
|
| Examples | Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63 (Unreported, Gleeson CJ, Gaudron, Gummow, Kirby, Hayne and Callinan JJ, 15 November 2001) [40] (Gleeson CJ).
R v Becker (Unreported, Supreme Court of Victoria, Court of Criminal Appeal, Crockett, O'Bryan and Vincent JJ, 21 November 1985). |
NOTE:
- For NSW, use ‘NSW Court of Appeal’;
- For Victoria, use ‘Supreme Court of Victoria, Court of Appeal’.
Transcripts of Proceedings
| Rule | Transcripts of Proceedings should be cited in the following form:
Transcript of Proceedings, <Case Name> (<Court>, <Judge(s)>, commencing <Full date>), <Pinpoint> (‘<Trial Hearing/Interlocutory Hearing>’). |
Decisions of the Equal Opportunity Board
| Rule | <Case Name> (Unreported, Equal Opportunity Board of Victoria, <Name> (President), <Name> and <Name> (Members), <Date of judgment>) <Pinpoint>. |
Location
- A list of abbreviations for law report series is at the end of the AGLC in the Appendix.
http://mulr.law.unimelb.edu.au/PDFs/aglc_dl.pdf
- La Trobe University also has a useful database which is regularly updated and contains more obscure report series abbreviations, as well as many other legal abbreviations:
http://www.lib.latrobe.edu.au/reference/dw-LawJournals.html
- Use the full title of the report series to search the catalogue or the UniMelb Holdings List (this is a list of all the law reports the library holds, among other materials):
http://www.law.unimelb.edu.au/lrc/pub/legal_research/resources/holdings.cfm
Statutes
- Citation of domestic legislation will vary from jurisdiction to jurisdiction, according to the system of government, and local idiosyncrasies in naming and numbering sources.
- Generally: citation should be guided by the format preferred in documents originating in the jurisdiction in question, as well as that used in major international texts and journals.
The following elements are essential:
- the title of the legislation;
- the year in which it came into force; and
- the jurisdiction of origin (see AGLC rule 3.1.3).
The following may also be useful:
- a unique document number; and
- a URL where it is difficult to locate in hard copy (see AGLC r 6.14).
General Rule
| <Title> <Year> (<Jurisdiction>) <Pinpoint>. |
Title
| Rule AGLC r 3.1.1 |
NOTE:
|
| Example | Sex Discrimination Act 1984 (Cth). |
Year
| Rule AGLC r 3.1.2 |
|
| Example | Drug Summit Legislative Response Act 1999 (NSW). |
Jurisdiction
| Rule AGLC r 3.1.3 |
|
| Example | Aboriginal Lands Act 1995 (Tas). |
Pinpoint Reference
| Rule AGLC r 3.1.4 |
|
| Examples | s 31(1) not sub-s 31(1)
s 31(1), 2(c) not sub-ss 31(1), 2(c) Crimes Act 1900 (NSW) ss19A, 442. |
Amendments and Repeals
Amendments
| Rule AGLC r 3.1.5.1 |
|
| Examples | Native Title Act 1993 (Cth), amended by Native Title Amendment Act 1998 (Cth).
Native Title Amendment Act 1998 (Cth), amending Native Title Act 1993 (Cth). |
Repeals
| Rule AGLC r 3.1.5.2 |
|
| Examples | Children's Protection Act 1936 (SA), repealed by Community Welfare Act 1972 (SA).
Community Welfare Act 1972 (SA), repealing Children's Protection Act 1936 (SA). |
Delegated Legislation
General Rule
| Rule AGLC r 3.2 | <Title> <Year> (<Jurisdiction>) <Pinpoint>. |
Title
| Rule AGLC 3.2.1 | A citation to Australian deleated legislation should include the title of the legislation in italics as it appears on the first page of the legislation, except that:
|
| Example | Freedom of Information Regulations 1998 (Vic). |
Year
| Rule AGLC r 3.2.2 |
|
| Example | Electoral Regulations 1997 (SA). |
Jurisdiction
| Rule AGLC r 3.2.3 |
|
| Example | Workplace Relations Regulations 1996 (Cth). |
Pinpoint Reference
| Rule AGLC r 3.2.4 |
|
| Examples | r 20(3) not sub-r20(3)
reg 20(3), (5) not sub-regs 20(3), (5) Order 73, r 5 provides that an application for an order involving notice must be made by notice of motion. |
Constitutions
| Rule AGLC r 3.3 |
Commonwealth of Australia Constitution Act 1900 (Imp) 63 & 64 Vict, c 12, s 9.
|
| Examples | Australian Constitution s 51(xxix)
Constitution Act 1934 (SA) s 48. |
Bills
| Rule AGLC r 3.4 |
Bills should appear in the same form as legislation but should not be italicised. |
| Example | Interactive Gambling Bill 2001 (Cth). |
Explanatory Memoranda
| Rule AGLC r 3.5 | Explanatory memoranda should appear as follows:
Explanatory Memorandum, Equal Opportunity Bill 1995 (Vic) 2. |
Court Rules
Rule
| Rule | Court rules should appear in the same form as legislation but should not be italicised. |
| Example | Supreme Court Rules 1996 (Vic) |
Location
UniMelb Holdings List (this is a list of all the legislation the library holds, among other materials): http://www.law.unimelb.edu.au/lrc/pub/legal_research/resources/holdings.cfm
Electronic sources tend to be the most reliable source for legislation:
- Victoria: use the Victorian Parliament homepage: http://www.dms.dpc.vic.gov.au.
- Commonwealth: use ComLaw: http://www.comlaw.gov.au/.
- Other States: use Lawlex: http://research.lawlex.com.au/.
Commonwealth and Victorian Bills:
- Recent Commonwealth bills are available on ComLaw or the Commonwealth Parliament homepage: http://www.aph.gov.au/bills/index.htm.
- Recent Victorian bills are available on Lawlex (link from LRC ‘Popular Databases’ page) or the Parliament home page: http://www.dms.dpc.vic.gov.au.
- Current year copies are held behind the loans desk of the LRC; others are held in stacks (see LRC catalogue).
Other States’ Bills:
- See http://www.law.unimelb.edu.au/lrc/pub/links/index.cfm?Level3=1 for useful links.
| The Melbourne University Law Review Association and the Australian Guide to Legal Citation do not endorse these rules and the rules contained in the MMILC do not in any way modify or change the rules contained in the Australian Guide to Legal Citation |
