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Australia - Melbourne Manual for International Law Citation ( MMILC )

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:
  • full stops should not be used in abbreviations (see AGLC rule 1.6.1);
  • the Capitalisation rule should be followed ;
  • where the parties are individuals, given names and initials should be omitted;
  • only the first plaintiff and first defendant should be cited, and '& Anor' or '& Ors' should not be used to indicate other parties; and
  • where the case involves more than one action, only the first action should be cited.
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:
  • 'ampersand' (&) for ‘and’;
  • ‘Co’ for 'Company';
  • ‘Ltd’ for 'Limited';
  • ‘Pty’ for 'Proprietary';
  • ‘Inc’ for 'Incorporated'; and
  • ‘(in liq)’ for '(in liquidation)'.
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
  • An abbreviated case name may be used when the name of a case as it appears in the law reports is very long and/or frequent reference is made to the case in the text.
  • The abbreviated case name should be italicised and placed within single quotation marks enclosed by parentheses at the end of the initial citation.
  • If the word ‘case’ is to form part of the abbreviated name, it should be italicised and capitalised.
Example McGinty v Western Australia (1996) 186 CLR 140 (‘McGinty’).


Rule AGLC r 2.1.9
  • A popular case name may be used in subsequent references to that case.
  • The popular name should be italicised and placed within single quotation marks enclosed by parentheses following the initial citation.
  • Thereafter, the popular name may be used in subsequent references, subject to the Subsequent References rule.
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
  • The case name should generally not be included in a footnote citation if the case name appears in the sentence accompanying the footnote.

Year and Volume

Rule AGLC r 2.2
  • Volumes of law reports may be organised according to year or volume number.
  • If the law reports are organised by volume number, the year in which the decision was handed down should appear in parentheses.
  • If the law reports are organised by year, the year of the decision should appear in square brackets.
  • In some cases, these reports contain decisions that were handed down in a year before the year of the volume.
  • If the year of judgment differs from the year of the volume, the volume year should still be cited.
  • If more than one volume is produced in a year, the volume number should be included after the year.
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
  • Where a case appears in several series of reports, only an 'official' report series should be cited.
  • Official reports usually claim to be the 'authorised reports' of the court in the opening pages of each volume.
  • Authorised reports are those that have been approved by the judge or his or her associate.
  • Where a case has not been reported in an authorised report series, an unauthorised report series may be cited.

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
  • The first page of the case should appear after the abbreviated form of the report series.
  • If the case is identified by a unique reference, as cases reported in CCH series are, that reference should be used instead of a starting page number.
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
  • A pinpoint reference should be preceded by a comma and a space.
  • Where the pinpoint reference is to the first page of the report, the page number should be repeated.
  • A series of pinpoint references should be separated by commas rather than 'and'.
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
  • Where appropriate, the judge responsible for the judgment being cited may be identified in parentheses after the pinpoint reference.
  • However, a judge should not be included in a footnote citation if the identity of the judge is otherwise apparent.
  • 'Per' should not be used.
  • The following abbreviations of judicial office should appear after the judge's name, including where the judge's name appears at the start of a sentence.
  • However, those titles marked with an asterisk should always appear in full before the judge's name.
  • Acting Chief Justice: ACJ
  • Acting Justice: AJ
  • Chief Justice: CJ
  • Judge: Judge*
  • Justice: J
  • Justices: JJ
  • Justice of Appeal: JA
  • Justices of Appeal: JJA
  • Magistrate: Magistrate*
  • Master: Master*
  • President: P
  • Vice-President: V-P
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

  • Ordinarily, judges writing curially should be referred to by their surname and their judicial title (such as 'Justice') or peerage title (such as 'Lord').
  • Typically, but not always, the judicial title should be indicated by an abbreviation placed after the judge's name (see AGLC rule 2.6.1 'Identifying the Judge' (Rules for Australia)).
  • Honorifics such as 'The Hon' should not be included.


Writing Extra-Curially

  • When citing a judge writing extra-curially, the judicial or peerage title should be included unless the judge has an honorific title such as 'Sir' that makes a judicial title unnecessary.


Curial and Extra-Curial Writing

  • In both curial and extra-curial writing, any territorial designation of a peer (such as 'of Chieveley') should not be included unless it is necessary to avoid confusion.
Examples

Citing a judge writing curially (in the text):

According to Kirby J in Melway Publishing Pty Ltd v Robert Hicks Pty Ltd, ...


Citing a judge writing curially (in a footnote):

58 Melway Publishing Pty Ltd v Robert Hicks Pty Ltd (2001) 178 ALR 253, 274 (Kirby J).


Citing a judge writing extra-curially (in the text):

Sir Owen Dixon, writing in the Australian Law Journal, said ... ; Lord Hobhouse ... ; Justice Murray Wilcox ... .


Citing a judge writing extra-curially (in a footnote):

Sir Owen Dixon, 'The Common Law as an Ultimate Constitutional Foundation' (1957) 31 Australian Law Journal 240; Lord Hobhouse, 'Freedom of Expression and Freedom of Information' (2001) 117 Law Quarterly Review 496; Justice Murray Wilcox, 'The Role of Environmental Groups in Litigation' (1985) 10 Adelaide law Review 41.
  • 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
  • When citing a statement given during argument, the words 'during argument' should be included after the judge's name.
  • 'Arguendo' should not be used.
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
  • When identifying a judge, his or her judicial office at the time of the decision should be used.
  • The phrase 'as he/she then was' should not be included.

Parallel Citations

Rule AGLC r 2.7
  • Parallel citations should not be used.
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
  • Generally, the name of the court should not be included in a case citation.
  • However: where the author believes that it is important to identify the court, and the court is not otherwise apparent, the name of the court may be included in parentheses following any page references and judges' names.
  • The jurisdiction of the court should not be indicated where it is otherwise apparent (for instance, from the report series).
Example Aldrick v EM Investments (Qld) Pty Ltd [2000] 2 Qd R 346 (Court of Appeal).

Case History

Rule AGLC r 2.9
  • The subsequent history of a case may be indicated after a citation to the case by including the abbreviation 'aff'd' for 'affirmed' or the abbreviation 'rev'd' for 'reversed'.
  • If the case name remains the same or the parties' names are merely reversed, the name of the subsequent case is not required.
Example Introvigne v Commonwealth (1980) 32 ALR 251; aff'd (1982) 150 CLR 258.

Unreported Decisions

Rule AGLC r 2.10
  • Unreported decisions should be cited in the following form where the court has adopted a medium-neutral citation system (that is, a citation system that does not depend on the medium or publisher):

<Case name> [<Year>] <Unique Court Identifier> <Judgment number> (Unreported, <Judge(s)>, <Date of Judgment>) <Pinpoint reference>.


  • Other unreported decisions should be cited in the following form:

<Case Name> (Unreported, <Court>, <Judge(s)>, <Date of judgment>) <Pinpoint>.


  • Paragraph numbers should appear in square brackets.
  • When citing an unreported decision, there is no need to refer to an electronic database.
  • This is because unreported decisions often appear in a number of electronic databases and are easily retrievable from any one of those databases if sufficient information is provided.
  • 'Unreported' should be included in all subsequent citations of an unreported judgment.
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
  • A citation to an Australian Act should include the short title of the Act in italics as it appears in the statute book, except that:
  • full stops should not be used in abbreviations, in accordance with the Punctuation rule; and
  • capitalisation should adhere to the Capitalisation rule.
  • If an Act does not have a short title, the long title of the Act should be cited.

NOTE:

  • Statutes of the Australian Capital Territory and the Northern Territory were previously referred to as ordinances.
  • However, these ordinances became know as Acts after the Territories attained self-government.
Example Sex Discrimination Act 1984 (Cth).

Year

Rule AGLC r 3.1.2
  • The year in which the Act was passed should be included in italics following the title of the Act.
Example Drug Summit Legislative Response Act 1999 (NSW).

Jurisdiction

Rule AGLC r 3.1.3
  • An abbreviated form of the jurisdiction is which the Act was passed should be placed in parenthese following the year.
  • The jurisdiction should not appear in italics.
  • The following abbreviations should be used for Australian jurisdictions:
  • Commonwealth: Cth
  • New South Wales: NSW
  • Queensland: Qld
  • South Australia: SA
  • Tasmania: Tas
  • Victoria: Vic
  • Western Australia: WA
  • Australian Capital Territory: ACT
  • Northern Territory: NT
Example Aboriginal Lands Act 1995 (Tas).

Pinpoint Reference

Rule AGLC r 3.1.4
  • A pinpoint reference should be preceded by a space.
  • The following abbreviations should be used in pinpoint references to a statute, except where the word appears at the start of a sentence:
  • Section: s
  • Sections: ss
  • Subsection: sub-s
  • Subsections: sub-ss
  • Paragraph: para
  • Paragraphs: paras
  • Schedule: sch
  • Schedules: schs
  • The following abbreviations for pinpoint references to an Act should also be used in the footnotes (but not in the text), except where the word appears at the start of a sentence:
  • Part: pt
  • Division: div


Consecutive Sections

  • If several consecutive sections are referred to, the first and last of these should be included and should be separated by an en-dash.
  • If the sections cited are not consecutive, the section numbers should be separated by commas rather than 'and'.


Numbered or Letter Subsections

  • Numbered or Lettered Subsections should be placed in parentheses following the section number.
  • The section number and subsection number should not be separated by a space.


Where Subsection Referred to with Its Section

  • Where a subsection is referred to with its section, it should be cited as a section.


Unnumbered or Unlettered Subsection

  • An unnumbered or unlettered subsection should be labelled 'paragraph' or 'para'.
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
  • Citations to an Act are assumed to refer to the statute as amended. Therefore, the principal Act (rather than an amending Act) should generally be cited.
  • However, an amending Act may be cited if it is relevant to a point being discussed.
  • Amended Australia legislation should be cited by including only the year in which the Act was first passed;
  • When indicating that an Act has been amended by another Act, 'amended by' should be included before the title of the amending Act;
  • When indicating that an Act has amended another Act, 'amending' should be included before the title of the amended Act.
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
  • When indicating than an Act has been repealed by another Act, 'repealed by ' should be included before the title of the repealing Act.
  • When indicating that an Act has repealed another Act, 'repealing ' should be included before the title of the repealing Act.
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:
  • full stops should not be used in abbreviations, in accordance with the Punctuation rule; and
  • capitalisation should adhere to the Capitalisation rule.
Example Freedom of Information Regulations 1998 (Vic).

Year

Rule AGLC r 3.2.2
  • The year of the delegated legislation should be included following the title. The year should appear in italics.
Example Electoral Regulations 1997 (SA).

Jurisdiction

Rule AGLC r 3.2.3
  • An abbreviated form of the jurisdiction should be placed in parentheses following the year (see AGLC r 3.1.3).
Example Workplace Relations Regulations 1996 (Cth).

Pinpoint Reference

Rule AGLC r 3.2.4
  • A pinpoint reference should be preceded by a space.
  • The following abbreviations should be used in pinpoint references to delegated legislation, except where the word appears at the start of a sentence:
  • Chapter: ch
  • Chapters: chs
  • Order: O
  • Regulation: reg
  • Regulations: regs
  • Rule: r
  • Rules: rr
  • Sub-regulation: sub-reg
  • Sub-regulations: sub-regs
  • Sub-rule: sub-r
  • Sub-rules: sub-rr


Consecutive Regulations or Rules

  • If several consecutive regulations or rules are referred to, the first and last of these should be included and should be separated by an en-dash.
  • If the regulstions or rules cited are not consecutive, the regulation or rule numbers should be separated by commas rather than 'and'.


Numbered or Lettered Sub-Rules and Sub-Regulations

  • Numbered or lettered sub-rules or sub-regulations should be placed in parentheses following the rule or regulation number.
  • The sub-rule or sub-regulation number and regulation or rule number should not be separated by a space.


Where Sub-Regulation Referred to with Its Regulation

  • Where a sub-regulation is referred to with its regulation, it should be cited as a regulation.


Where Sub-Rule Referred to with Its Rule

  • Where a sub-rule is referred to with its rule, it should be cited as a rule.
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
  • The Australian Constitution may be cited as the Australian Constitution, the Commonwealth Constitution, or simply the Constitution if there is no ambiguity as to which constitution is being cited.
  • The Australian Constitution may also be referred to within its enacting legislation as follows:

Commonwealth of Australia Constitution Act 1900 (Imp) 63 & 64 Vict, c 12, s 9.

  • Constitutions of the Australian States should be cited like any other Act.
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:

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:

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

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