NOTICE: This guide is currently under review, with a new guide to be launched before Semester 1, 2025. In the meantime, please direct any queries or feedback about this guide to the Library's Digital Experience via our Enquiry and Feedback form.
Legal dictionaries draw definitions from statues and case law.
Researchers should not assume that the plain meaning of a word or phrase is necessarily the same when it is defined in an Act of Parliament or in a court case.
There are two types of legal definitions:
Definitions in Cases: A judge clarifies the meaning of a word or phrase in their judgment, this is referred to as "words and phrases judicially defined".
Definitions in Acts: Words and phrases are defined by parliament in legislative instruments such as Acts and Regulations.
You need to make sure that the Act you are looking at is relevant to the jurisdiction in which you are working.
Also be aware of the limitation of the definition with an Act.
If a definition is not given in an Act, you should look at the Acts Interpretation Act 1901 (Cth) and the Interpretation Act 1984 (WA) to see if they provide a standard definition which applies to all acts unless otherwise stated.
There are many legal dictionaries both in print and online, but they do not all hold the same value and importance in Australia as they do in the country of publication.
Meanings can vary from one jurisdiction to another. For example, do not assume that a definition that you find in a U.S. online dictionary is valid in Australia.
Similarly, do not assume that a word defined in a Victorian court has exactly the same meaning in WA.
However, when you can't find a useful definition in Australia you should consult whatever sources you can find, but you must use them with caution.
Other than the dictionaries recommended for purchase by your lecturers, the main reference dictionaries you should consult are:
- Encyclopaedic Australian Legal Dictionary (Lexis Advance): one of several online legal dictionaries, and one of the few online Australian dictionaries.
- Words and phrases judicially defined in CaseBase on Lexis Advance and the Digest on Westlaw Australia.
- Australian Law Dictionary on Oxford Reference.
- United Kingdom
- Stroud's Judicial Dictionary of Words and Phrases (print)
- Oxford Reference including the Oxford Dictionary of Law (UK)
This contains an extensive range of specialist dictionaries and English language reference tools.
This service is particularly useful when trying to find definitions of Latin or archaic words and phrases not legally defined in Australia.
General search for meanings or definitions
Sample search string for definition in legislation and case law for vicarious liability:
(character* OR compris* OR defin* OR describ* OR discuss* OR element* OR expla* OR interpret* OR mean* OR phras*) /15 "vicarious liability"
Official Dictionary (for spelling)
AGLC Rule 1.9.1 states:
Spelling should comply with the latest edition of the Macquarie Dictionary.
Where a word is not included in the Macquarie Dictionary, the Oxford English Dictionary should be used.
Hyphenation should comply with the latest edition of the Macquarie Dictionary.
Use Library Search to locate the latest edition of the Macquarie Dictionary..
Grammar
AGLC Rule 1.9.2 states:
Grammar should generally be guided by the latest editions of Fowler's Dictionary of Modern English Usage.
Sourcing legal definitions on Lexis Advance
Lexis Advance has two dictionaries:
- Australian Legal Words & Phrases
gives the details of acts and cases from superior courts and selected tribunal that have defined the term - Encyclopaedic Australian Legal Dictionary
gives a definition as well as the details of cases and legislation that have defined the term
Use Library Search to access these dictionaries by typing in the title
Example: "Australian Legal Words and Phrases"
Quick Find | Defined Terms is the fasted way to access the legal dictionary definitions on Lexis Advance.
Searching Lexis Advance Dictionaries
| Australian Legal Words & Phrases | Encyclopaedic Australian Legal Dictionary |
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Step 1: Select drop-down arrow beside Advanced Search |
Step 1: Select drop-down arrow beside Advanced Search
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Step 2: Scroll down the Search template to Defined Terms |
Step 2: Scroll down the Search template to Defined Terms
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Step 3: Add the search string managing /3 director |
Step 3: Add the search string managing /3 director
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Step 4: Select Search |
Step 4: Select Search
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Step 5: Narrow results by using filters Expand Publication Select Australian Legal Words & Phrases |
Step 5: Narrow results by using filters Expand Publication Select Encyclopaedic Australian Legal Dictionary
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Step 6: Select the results for Managing Director Click on the hyperlinked phrase Note that the groupings by topic and jurisdiction |
Step 6: Select the results for managing director Click on the hyperlinked phrase The definition includes names of acts and cases that |
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Tip: Take care when clicking on a link within the entry The Act Title navigates to the whole Act The section number is a separate link,
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Step 7: Select the links of cases available on Lexis Advance* Use the Quick Find panel * Source cases on Westlaw AU if not available on Lexis Advance |
Words and phrases judicially considered on Lexis Advance
As well as legal dictionary definitions, words and phrases can be defined in court cases.
Judgments are useful, as they
- set out all interpretive rules used
- contain facts and analogous cases to illustrate legal concepts
- show the judge’s thought process
Step 1:
Select drop-down arrow beside Advanced Search
Select Legislation
Step 2:
Scroll down the Cases Search template to the Words and Phrases Judicially Considered field
Step 3:
Enter search term "good character" into Words and Phrases Judicially Considered text box.
Tip: Surround phrase words in double inverted commas
Step 4:
Select Search
Step 5:
Results can be Narrowed By:
Jurisdiction
Court
Timeline
Legal Topics
and more…
Select Narrow By Legal Topics
Step 6:
Select Immigration Law
Step 7:
Browse the Results list, noting the Jurisdiction, source Court, dates the decisions were handed down, and any relevant signals
Step 8:
You are able to further narrow the search results by searching for key words
Narrow your Results by using Search Within Results for the term wife
Step 9:
Open a case that has NOT had cautionary treatment in subsequent judgments (check for a gold coloured signal) by clicking on the case citation
(located below the case name).
Note: The hyperlinked case name will take you to the CaseBase entry
Step 10:
Use the Search Document tool (located in the Toolbar at the top of the document) to search for good character:
Use the arrow buttons beside the Search box to jump to each instance of the search term within the document
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Complete the Sourcing words and phrases judicially considered using Lexis Advance tutorial to learn the skill for searching for legal definitions from court cases. Copy this URL into Firefox if you usually use Chrome as your Internet browser: https://murdoch-au.libwizard.com/f/LegalDefinitionsJudicialConsiderationLexisAdvance |
Legal Definitions in Westlaw Australia
Westlaw Australia does not include a legal dictionary.
However, legal terms can be found within The Laws of Australia or in case law.
The Laws of Australia |
Case Law |
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Step 1: Select Content Type - The Laws of Australia
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Step 1: Select Content Type - Cases
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Step 2: Select Advanced Search
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Step 2: Select Advanced Search
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Step 3: Navigate down the screen to the Words & Phrases search box |
Step 3: Navigate down the screen to the Words & Phrases search box |
You can also conduct a global search for definitions or meanings across all materials:
(character* OR compris* OR defin* OR describ* OR discuss* OR element* OR expla* OR interpret* OR mean* OR phras*) /15 SearchTerm
Tip: Filter or refine results list by document type (act, case, article, dictionary, encyclopaedia), jurisdiction, etc
Examples
(character* OR compris* OR defin* OR describ* OR discuss* OR element* OR expla* OR interpret* OR mean* OR phras*) /15 slaver*
(character* OR compris* OR defin* OR describ* OR discuss* OR element* OR expla* OR interpret* OR mean* OR phras*) /15 "vicarious liability"
Stroud's Judicial Dictionary of Words and Phrases
Stroud's Judicial Dictionary of Words and Phrases, from the United Kingdom, is one of the most respected sources of definitions in the common law world.
It is an important tool for lawyers and law students to use, less important for business and legal studies students.
It is a multi-volume work which is available in print in the Law Library's Reference Collection at R 340.03 STR.
TIP: if you cannot find the word, check if there is a supplement
Stroud's is a wonderful dictionary that will help you legally define "lard", "lawyers" and "life prisoner".
Stroud's defines "at once", "at or near", "at the time", "at work" and "asylum".
It informs us that in the UK the case between Robinson v Everett [1988] Crim LR 699 confirms that a "stuffed and mounted golden eagle" falls within the definition of a "Dead Wild Bird" for the purposes of The Wildlife and Countryside Act 1981 (UK) s 1(2)(a).
According to the first edition of Stroud's in 1890:
"Its chief aim is that it may be a practical companion to the English-speaking lawyer, not only in the Mother Country,
but also in the Colonies and Dependencies of the Queen.
The hope is also indulged that it may be not without utility to the man of business, nor without interest to the student of word-lore" (vii).
Tip:
The Internet Archive has reproduced copies:
e.g. The Judicial Dictionary of Words and Phrases Judicially Interpreted
Google Books provides a Preview of print books
e.g. The Judicial Dictionary of Words and Phrases Judicially Interpreted by F. Stroud
Australian Law Dictionary on Oxford Reference
Use Library Search to access this dictionaries by typing in the title
Example: "Australian Law Dictionary"
- Access the Australian Law Dictionary
- You can
- browse entries alphabetically
- search within work using the search box to the left of screen
- Included in the definition are key cases and related terms
- If you cannot find a term in the Australian Law Dictionary, you can search all of Oxford Reference by adding your search term to the Search box at the top right of screen
- results will be sourced from a significant array of general English language dictionaries as well as specialist dictionaries
Search for the phrase managing director using the Search within work filter, to the left on the screen.
