Self Paced Lesson - Case Law - Subject Guide

Source Cases by Citation in Lexis Advance

Lexis Advance is an extensive collection of Australian legal databases.

Lexis Advance can be accessed via the link on the Law Subject Guide.  

Source Cases by Citation in Lexis Advance

Step 1: Use Quick Find Case tab

Step 2:  Add either the case citation OR case name (party names)

Tip: if you are unsure about the case name, type in what you know, then wait for suggestions

For example:

type in the Case Name field   Mabo    WAIT

from the suggestions drop-down menu, select mabo v queensland (no 2)

Step 3: Select Search

Step 4: Look at the Results list

Included in the Results record:

• case name
• common/famous name in brackets beside the case name
• parallel citations in order of authority (most authoritative is first, then decreasing order)
• Catchwords
• Jurisdiction
• Court
• Judgment Date​

Step 5: Select the case name from the Results

Example: Mabo v Queensland (No 2) (The Mabo Case)

The case name link takes you directly to the CaseBase entry which provides:

• Catchwords & Digest
• Words & Phrases Considered
• Cases referring to this case
• Publications referring to this case
• Cases considered by this case - used to support the arguments made in the case
• Legislation considered by this case - used to support the arguments made in the case

From the CaseBase entry, you can also navigate to:

• Australian Law Reports (ALR) full text of this case
• ​Unreported version of this case - BC9202681

Note:
Where a case has been reported in more than one case series, and one of the case series is an authorised series, you cite the authorised series in preference to the unauthorised.
In this instance, therefore, you would use the Mabo citation from the Commonwealth Law Reports in preference to the citation in the Australian Law Reports, which is an unauthorised series.

Browsing for Cases in Lexis Advance

Step 1: Access Lexis Advance

Step 2: Expand the Judgment heading by clicking on +
This opens a reverse-numerical volume listing for the Australian Law Reports. 

Refer to the case citation to see which volume number you are seeking.

Mabo v Queensland (No.2) (1992) 107 ALR 1

Step 3: Navigate down the volume list and select Volume 107

Step 4: expand volume 107 by clicking on + 
All cases included in this volume will be listed, starting from page 1 to 720, just as they would appear in the print volume

Step 5: From the citation, we can see that the Mabo case appears on page one of this volume, so is first in the Results list.

Step 6: Select the case name from the Results

Step 7: From the case record, you can access:

• PDF version of the case - exactly as it appears in print, including page numbers (select the Download Document with PDF icon below the case name)
• Judgments viewed in plain text (useful when copying for quotations)
• CaseBase record which provides:
  • Catchwords & Digest
  • Words & Phrases Considered
  • Cases referring to this case
  • Publications referring to this case
  • Cases considered by this case - used to support the arguments made in the case
  • Legislation considered by this case - used to support the arguments made in the case
• ​Unreported version of this case - BC9202681 (compare the ALR version with the BC version)

Butterworths Citation Number

Unreported versions of cases, when first published on Lexis Advance, were given a citation number unique to the Lexis databases. 

The ‘BC’ version of a case (Butterworths Citation) should not generally be cited.

Lexis Advanced was previously called LexisNexis.

LexisNexis was previously called Butterworths.

Hence the Butterworths Citation number for older cases.

Butterworths and LexisNexis are both legal publishers, with the same parent company - RELX Group (formerly known as Reed Elsevier).

Source Cases by Citation in Westlaw Australia

Westlaw Australia includes most of the Authorised Law Reports.
Westlaw Australia can be accessed via the link on the Law Subject Guide.  

Source Cases in Westlaw Australia by Citation

Task: 
You are looking for a case and have been given parallel citations:
[1992] HCA 23  |  (1992) 175 CLR 1  |  (1992) 66 ALJR 408  |  (1992) 107 ALR 1

Source Cases by Citation in AustLII

Step 1: Access AustLII (Australasian Legal Information Institute)

Step 2:  In the search pane at the top of the screen, add case citation "175 CLR 1"

Step 3: Select the magnifying glass icon to Search

Step 4: From the Results list, navigate to Mabo v Queensland (No 2) ("Mabo case") [1992] HCA 23; (1992) 175 CLR 1 (3 June 1992); click on the case name 

Step 5:  From the case record, you can access the High Court of Australia case report entry: [1992] HCA 23.
From this page you can access:

• Print 
• LawCite records for this case (where this case has been cited both in Australia and Internationally)
  • Cases Referring to this Case
  • Law Reform Reports Referring to this Case
  • Law Journal Articles Referring to this Case
  • Legislation Cited
  • Cases and Articles Cited
• NoteUp references for this case (where this case has been referenced within all documents on AustLII)
  These can be sorted
  • By Relevance
  • By Citation Frequency
  • By Database (an easy way to sort cases from articles from legislation
  • By Date
  • By Title

Tip: expand the number of Results per page to 100 (default is 10)

Source Cases by Citation in Jade

Jade provides all  Australian legal judgments from Australian Courts and Tribunals.

BarNet is a not-for-profit organisation and JADE is one of their initiatives to provide better legal research to the profession.

Register for free with your Murdoch University student email to automatically receive Jade Professional access.

Your Jade login details have been sent to your Murdoch Student email account: [StudentNumber]@student.murdoch.edu.au.

Jade Professional enables the Visualisations feature, and allows the creation of JADE Alerts.

Additionally, the Citation functionality is enhanced (you will need this to complete the lesson and Library Research Test).

Jade is a valuable legal research tool as it is available for free, unlike databases such as Lexis Advance and Westlaw AU that require a subscription fee.

Searching for Cases in Jade

Step 1: Access Jade

Step 2:  In the search pane at the top of the screen, add case citation

Step 3: From the drop down offered suggestions, select 175 CLR 1; [1992] HCA 23; Mabo [No.2] - document in Jade

Step 4: Select Search now

Step 5: From the case record, you can access the High Court of Australia case report entry: [1992] HCA 23.

• CaseTrace entry (summary pane to the right of screen) provides:
  • Citations
  • Number of citations to this case (cases citing this case)
  • most recent case citing this case
  • Number of cases cited
  • Statutory material cited (legislation)
  • link to Jade Citator (searches for all references to the case)
  • link to Citation report  which provides:
  •      Cases citing this case
  •      Cases cited by this case
  •      Legislation cited by this case
• Cited Documents - case and legislation used to support the arguments made in the case
• Citing References - cases, commentary and articles written about the case

 Note the High Court’s transcripts (the record of its proceedings which includes the full text of citations referred to by counsel during the hearings) attached to the top of the document. 

Step 6: Use the Visualisation tools to represent the citation information graphically

Step 7: Use the Print and Export option to download the PDF version of the case

 Browsing for Cases in Jade

Step 1: Access Jade

Step 2: Select the Jade Browser tab

Refer to the case citation to see which court you are seeking.

Mabo v Queensland (No.2) [1992] HCA 23; 175 CLR 1; 66 ALJR 408; 107 ALR 1

​Step 3: From the Browse Collection pane (located on the left of screen), select By court

Step 4: Select High Court of Australia

Step 5: Select the year 1992

Step 6: Navigate down the case list to case 23 (on page 2 of Results)

Step 7: Select the case name from the Results

Source Cases by Citation in CCH IntelliConnect

CCH IntelliConnect covers legal topics including accounting, bankruptcy and insolvency, business company, corporate and securities, conveyancing and property, corporate governance and compliance, discrimination, duties and levies, employment and HR, environment, family, GST, industrial relations, insurance, intellectual property, litigation and court practice, occupational health and safety, privacy, and social security law.
CCH IntelliConnect can be accessed via the link on the Law Subject Guide.  

Your task: Find the same case in print and on CCH IntelliConnect:

Lehman Brothers Holdings Inc v City Of Swan; Lehman Brothers Asia Holdings Limited (In Liquidation) v City Of Swan (2010) 28 ACLC ¶10-011

Sourcing Cases on CCH IntelliConnect

Step 1: Translate the abbreviation of the CLR court reporting service into full using Cardiff Index to Legal Abbreviations

Step 2: Search for the full name of the court reporting service using Library Search
The Results list from Library Search that includes print and online formats of the 

Step 3: Select the link to Full Text Online or Australian company law cases (Online) from the Results list
This catalogue record shows which database holds the ACLCs, and the date coverage

Step 4: Select the link to CCH Australia IntelliConnect , below the Available online heading

Step 5: The breadcrumb (located at the top of screen) shows you are in the Australian Law Reports.

Your choice now is to navigate to the case by browsing or searching.

Browsing for Cases in CCH IntelliConnect

Step 6b: Expand the Judgment heading by clicking on +
This opens a reverse-numerical volume listing for the Australian Law Reports. 

Refer to the case citation to see which volume number you are seeking.

Mabo v Queensland (No.2) (1992) 107 ALR 1

Step 7b: Navigate down the volume list and select Volume 107

Step 1: Access CCH IntelliConnect from the databases list on the Library webpage.

The homepage will take you to an interface called IntelliConnect.  This is automatically set up to browse through the directory. Items in this directory are clustered into "online collections"

Step 2: Scroll down the list on the left until you get to a title which looks like it might include material on the subject covered by your report series. There will be some trial and error at first until you get a feel for the case reports, but you will get the hang of it over time.

Step 3: For instance if you were looking for Australian Company Law Cases, scroll down to the heading for Company and Securities Law.

Step 4: Click on the + and the contents will open on the right. Locate the Australian Company Law Cases Premium listing, click the + and browse through the case series.

Searching for a Case Series on CCH IntelliConnect

Step 1: Access CCH from the databases list on the Library webpage.

The homepage will take you to an interface called IntelliConnect.  This is automatically set up to browse through the directory. Items in this directory are clustered into "online collections"

Step 2: To search for a specific title in CCH IntelliConnect, select the Titles A-Z link in the Browse navigation pane on the left-hand side of the screen. This will open up a new tab within the IntelliConnect environment which will provide an alphabetical listing of all titles.

Step 3: Enter the name of the series you are looking for in the Title Finder search box, or enter keywords to locate relevant titles in the CCH IntelliConnect database.

This search is particularly useful when you are looking for Australian Company Law Cases and the title CCH has given it is Australian Company Law Cases Premium.

Step 4: Click on the title you wish to look at and the navigation tree will open in the left hand side of the screen just as it would if you were browsing.

Students need to be able to access reported decisions from other jurisdictions - particularly the United Kingdom.
For example, English Reports are on the ICLR, Westlaw UK, HeinOnline and CommonLII databases.

HeinOnline

HeinOnline contains journals and monographs from many publishers.
The Law Journal Library contains top academic legal periodicals.  It also includes, among other things, English Reports Full Reprint (1220-1865) and Legal Classics monograph collection.
You access HeinOnline via the Law Subject Guide.

Searching for a Case Series on HeinOnline

Step 1: Access HeinOnline from the databases list on the Library webpage.

Step 2: Once at the HeinOnline homepage you can Browse Collections.

To browse the English Reports click the + to expand the section.

Step 3: Select the English Reports, Full Reprint (1220-1867).

Step 4: This will open up the English Reports. From here you will be able to search the series or browse through it to find a case.

ICLR

ICLR is the authorised publisher of the official series of The Law Reports for the Superior and Appellate Courts of England and Wales.
The case series that can be searched via this database include The Law Reports, The Weekly Law Reports, The Industrial Cases Reports, The Business Law Reports, The Public & Third Sector Law Report.
It also integrates in force UK legislation.

Example of sourcing a UK case: Balfour v Balfour [1919] 2 KB 571

Step 1: Solve the abbreviation KB into full using Cardiff Index to Legal Abbreviations

Step 2: Search for the full name of the court reporting service using Library Search

Step 3: Source the court reporting service on the correct database 

JustisOne

JustisOne is an online legal research platform that helps you find leading authorities and establish the current status of the law. 

JustisOne is a full text online legal library of UK, Irish and EU case law.
It includes Daily Cases, Law Reports, Weekly Law Reports, Times Law Reports and Singapore Law Reports.
You can access JustisOne via the Databases link on the Murdoch Library homepage.

Complete this short interactive tutorial to learn how to search and navigate JustisOne.

Locating a Case in Print in the Law Library

Step 1: Solve the abbreviation

Step 2: Search for the series title

• Identify the jurisdiction

Step 3: Source the series location on the shelves

Step 4: Once you have located the series you would be able to find the volume and then the page number.

Your Task: Find this case from the law reports on the shelves in the Library: Mabo v Queensland [No 2] 175 CLR 1

Step 1: Solve the abbreviation CLR using Cardiff Index to Legal Abbreviations

• Look at the list which results from your search in the Cardiff Index to Legal Abbreviations for CLR and use your judgment to decide which is the most likely by considering the jurisdiction and any date limits set.
• You will see the most likely result from those available is the Commonwealth Law Reports.
• In some searches you will find it is necessary to return to the original search screen and change the search options from searching exact to close abbreviation.
• If you still cannot find the series title, check you have the correct abbreviation, and then check other indexes. 

Step 2: Search for the unabbreviated series title once you have identified the series; search for Commonwealth Law Reports using Library Search.

• note the jurisdiction, as the Law Library collections are arranged by jurisdiction

Step 3: Source the court reporting series.
             From the resulting list, select the listing for Commonwealth Law Reports.
             As you are looking for the print version of the series, select the listing that makes no reference to it being (Online) or an [electronic resource].
             The access line in the Results record should say to Check Shelf. 

• Either note the location from the Results list, or click on the result record to access to Catalogue Record
• The resulting page will give location and call number details for the Commonwealth Law Reports
• As you can see, the location is South Wing Level 3, the R denotes that the Commonwealth Law Reports are part of the reference collection which means they can be used within the Library but cannot be borrowed.
• As you are looking for a physical volume, you need to actually go to the Murdoch Law Library, South Wing Level 3, and locate the Commonwealth Law Reports on the shelf. 

Step 4: To find the Mabo case, you must go back to the citation: 175 CLR 1

175: This is the volume number, so when you have located the Commonwealth Law Reports, you need to find volume 175.
Look along the volumes of the Commonwealth Law Reports until you find volume 175.

CLR: You have already ascertained that this is the abbreviation for the Commonwealth Law Reports

1: This is the first page of the case report itself.   Once you have found volume 175 of the Commonwealth Law Reports, turn to page 1 to find the Mabo case.

A series of court reports officially approved by the judiciary or government is known as an authorised or official series of reports.

In each jurisdiction only one series is designated as authorised.

Cases which enunciate a general principle or point of law are usually included in the authorised series of reports.

Australia

AGLC Rule 2.2.2 Law Report Series Hierarchy

The authorised version of the report should always be used where available.

The version of a case to be cited should follow the preference order below (from top to bottom):

Authorised or official reports are those selected and approved by the judiciary, their nominees, or relevant governments department (a Council or Board of Law Reporting).
In each jurisdiction only one series is designated authorised.
Cases which enunciate a general principle or point of law are usually included in the authorised series of reports.

In Western Australia, for example, the Attorney General regulates law reporting.
The Law Reporting Advisory Board advises the Attorney General.
The Law Reporting Advisory Board comprises 6 members appointed by the Governor of whom — 
(a) one member shall be a Judge of the Supreme Court nominated by the Chief Justice and shall be the chairman of the Board;
(b) one member nominated by the Chief Justice shall be either a Judge of The District Court of Western Australia or a Judge of the Family Court of Western Australia;
(c) 3 members shall be legal practitioners nominated by the Council of the Law Society; and
(d) one member shall be a legal practitioner nominated by the Attorney General.
(Law Reporting Act 1981 (WA) s7.)

While series of reports which are not authorised are still acceptable in courts, if a case has been reported in an authorised series as well as another series, it is preferable to cite the authorised report.
An authorised report should always be cited in preference to an unauthorised report, (Rules of the Supreme Court 1971 (WA) 0.34.5.9A)

Unauthorised series of reports are produced more quickly and many are directed towards satisfying the needs of specialist practitioners.
Unauthorised series of reports include many reports of cases which may be published later in an authorised series, however they also include reports which may only be of transient interest, or illustrate the application of authoritative cases.
The Australian Trade Practices Reports and Family Law Reports are examples of series which only report cases relevant to the subject area indicated in the title.

Few series are mutually exclusive. Cases may appear in several series depending on editorial interest and assessment of the importance of the case.
For example significant High Court decisions are reported in each of the following series: the Commonwealth Law Reports (CLR), Australian Law Reports (ALR) and Australian Law Journal Reports (ALJR).
The ALR and ALJR are unauthorised series and the CLR authorised.

The Authorised Report Series is a list of authorised reports of various jurisdictions, the citation is given in bold eg, CLR.
Except for reports marked with a "#" all the reports listed are held at Murdoch or are available online through one of the case law databases.

The general arrangement of law reports held in the library is by jurisdiction first (eg. Australia, Western Australia, New South Wales, United Kingdom, USA, Canada), and then alphabetically by title within the jurisdiction.

Source Cases by Citation Using Case Citators

A case citator is an incredibly useful tool to use for legal research.
Case citators are a type of case law index.

Case citators do not provide the full text of a case but you may be linked to full text versions of the case where the publisher of the citator publishes the case series (i.e. FirstPoint from Westlaw AU will link to the Commonwealth Law Reports).
Citators can assist legal researchers in locating a variety of useful information about the case.

Case citators can be useful in helping you determine:

• The correct citation for a case;
• If the case has been reported in more than one series of case reports (parallel citations);
• If the case has been reported in an authorised law report series;
• Whether any later cases have considered the case;
• What earlier cases were considered by the case;
• If the case considered any legislation;
• If journal articles have considered the case;
• If the case is still considered good law.

Case citators all use a different variety of symbols to provide guidance on whether or not the case is still considered good law.
They use symbols and annotations to explain the current status of the case.
The Citators themselves have useful guides that can help you understand these.

Citation Timeline

Cases referred to (as precedent) in a case, are referred to as being cited by.
So these judgments must have been made before the case.

Cases referring to a case are referred to as citing a case.
So these judgments must have been made after the case.

Students of Murdoch University have access to a number of case citators including:

Australian Citators include:

• CaseBase on Lexis Advance (Guide to using CaseBase)
• FirstPoint on Westlaw AU (Online Tutorials)
• LawCite (More information)
• AustLII NoteUp
• JADE Citator Search from BarNet Jade (Help for Jade)
  • Jade Professional has extra visualisations and tools
    • register with Jade using your Murdoch student email to gain free Jade Professional access (it is set up to automatically recognise student email addresses)

International Citators include:

• JustisOne(UK)
• Case Analysis on Westlaw UK
• ICLR (Incorporated Council of Law Reporting) (UK)

Many of the online case citators also provide a case digest feature which provides a summary of the main points of the case and can save researchers time by helping them determine the relevance of the case to the issues researched.
Case digests such as FirstPoint provide this kind of summary.
You should be aware that these summaries are produced by editors who may have very different ideas to yourself about what should be put in a summary.

You have now been introduced to a range of hard copy and online resources to help you find cases when you have a citation.

There is a lot of information covered in this topic so go through it carefully.

The information here is designed to get you started using these databases.

Practice using these databases to become familiar with the way they function.