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Self Paced Lesson - Case Law - Subject Guide: 6: Unreported Judgments

 

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.

Sometimes you need to search full text databases of court decisions to find cases on the topic.
This is particularly important for WA decisions which might not get "noticed" by publishers who produce indexes such as the Digest and CaseBase.

There are many online collections of Australian superior court unreported judgments.
This topic will take you through the task of searching WA unreported judgments from the Supreme Court of WA.

Some of these decisions will be, or have been, selected for publication in one of the many subject based report series such as Australian Criminal Reports (ACrim R), Intellectual Property Reports (IPR), Industrial Reports (IR) etc., or in the series authorised by this court - the Western Australian Reports (WAR).
Most WA decisions are never published in a report series, and remain forever "unreported".
However for WA lawyers they are vital.

Unreported judgments can be found in:

It is important to understand that when you search an index you are accessing the summary and analysis of expert editors.
When you search across full text documents you are accessing every word of the document and, unless you search carefully AND check carefully, you may have irrelevant material in your results.

 

Unreported Judgements - CaseBase on Lexis Advance

  • Click on the link to Advanced Search: Cases.
  • In the Free Text search box type "public interest".
  • Navigate down to the Jurisdiction section; check the box for Western Australia.
  • Click on Search.
    • You should have a large result list of over 3,000 records.
  • Narrow this by typing journalist in the Narrow by search box.
    • Because CaseBase only has short records you do not need to bring the concepts closer together by using the within x (/x) command.
  • Further narrow the Results list by expanding the narrow by filter Publication
  • Select Unreported Judgments WA

Unreported Judgements - Westlaw Australia

  • Select Cases from the Content Types on the Westlaw Australia home page
  • Click on the link Advanced >
  • In the All of these terms search box type "public interest"
  • Click on the magnifying glass icon to Search
  • You should have a result list of more than 10,000 records
  • Filter the results by 
    • expanding the Jurisdiction  + 
    • expanding  +  Australia
    • check the box for Western Australia
  • You should have a result list of around 600 records
  • Filter the results by 
    • expanding the Reported Status  + 
    • check the box for Unreported
  • You should have a result list of around 300 records
  • Filter this further by typing journalist in the Search within results text box
  • You should have a result list of around 10 records
  • Results can be further Filtered by
    • Date
    • Practice Area
    • Judge name
    • Party name
  • Result can be Sorted by
    • Relevance
    • Date
    • Court level
 
Compare the Results

Repeat the search, adding a synonym for journalist

  • Select Cases from the Content Types on the Westlaw Australia home page
  • Click on the link Advanced >
  • In the All of these terms search box type "public interest"
  • Click on the magnifying glass icon to Search
  • You should have a result list of more than 10,000 records
  • Narrow the results by 
    • expanding the Jurisdiction  + 
    • expanding  +  Australia
    • check the box for Western Australia.
  • You should have a result list of around 600 records
  • Narrow the results by 
    • expanding the Reported Status  + 
    • check the box for Unreported
  • You should have a result list of around 300 records
  • Narrow this by typing journalist OR media in the Search within results text box
  • You should have a result list of around 50 records

Note the increase in the number of Results by including the synonym

 

Tip:

If you are seeking cases from a specific court, add this court to the Advanced Search

Example:
Navigate down to the Court box; add "District Court" 

Do not add Western Australia, as the District Court can be referred to as

  • District Court of Western Australia
  • District Court of WA

 

Unreported Judgments - AustLII

Step 1: Go to AustLII by entering http://austlii.edu.au into your browser toolbar.

Step 2: Click the arrow to the left of the "search" box, and then select "Advanced Search" from the drop-down menu.

 

Step 3: Go to the "Select the database(s) to search" box.  Deselect all databases by clicking on the blue tick box next to "Select the database(s) to search...".  Then click on the white box next to "Show all" to see a list of all available databases on AustLII.

  • Select two databases by clicking on the box next to the title of each database so that it becomes a blue tick.
  • For example, choose:
    • Western Australia: Supreme Court, and
    • Western Australia: Supreme Court - Court of Appeal

 

Step 4: Select "Boolean Query" from the banner at the top of the search page.

  • Type "public interest" AND (media or journalist).
  • Using quotation marks around "several words" means that phrase or that exact order of words will be found.
  • This will result in a list of about 200 cases.
  • An alternative "Boolean Search" option. Type "public interest" NEAR (media or journalist).
  • This is a more focused search which brings the terms closer together. The results list contains about 50 cases.

Unreported Judgements - Jade

  • In the search box type "public interest" AND journalist 
  • Select Search now
  • Refine the Search results by jurisdiction
    • click in the text box for Filter by collection
    • From the drop down offering, select All Western Australian Courts and Tribunals
    • Click on the filter now button
  • From the Results list, use the Summary tab to view each case to determine the required case
  • Select the entry for the case

  • Use the Visualisations tool to see similar cases

Unreported Judgments - Supreme Court

  • Go to the Supreme Court of Western Australia website
  • Click on the Judgments button
  • Select the Advanced Search option 
  • Select the Jurisdiction: Supreme Court
  • In the Search for: box, type "public interest" AND journalist
  • Select Search
  • You will see a results list can be rearranged by
    • Citation Number
    • Date Delivered or Published
    • Case Name
  • Repeat the search using the search string "public interest" AND (media or journalist)
    • note the significant increase in the number of Results by adding the synonym to the search string

Look at the unreported judgments databases on the Supreme Court of Western Australia website, AustLII, Lexis Advance and the indexes FirstPoint and CaseBase to find WA decisions dealing with issues related to "public interest" and the role of the media or journalists in reporting information.

Find the right catchwords for the citation details below.

Activity indicatorRe Surveillance Devices Act 1998; Ex Parte TCN Channel Nine Pty Ltd [1999] WASC 246

a. Procedure — Supreme Court procedure — Publication of information obtained by use of surveillance device — Interpretation — Whether use of surveillance device in public interest — Whether "private activity" or "private conversation"
b. Contempt — Media reporting and contempt — Penalties — Publication of article bearing upon honesty of accused on day of trial — Whether contemptor acted recklessly and with indifference to what effect publication might have on due administration of justice
c. Practice and procedure — Application for extension of time with which to apply to strike out — Effect of delay Court
d. Defamation — Application to strike out defence — Application by media outlet to broadcast
e. Criminal law — Criminal procedure — Release of evidence to media — Video police interview
f. Practice and procedure — Application for extension of time with which to apply to strike out — immunity

Found on AustLII with AND search, also in the Supreme Court list of results. Catchwords were taken from Supreme Court.

Response:

Activity indicatorEx parte West Australian Newspapers Ltd, Re [2008] WASCA 209

a. Procedure — Supreme Court procedure — Publication of information obtained by use of surveillance device — Interpretation — Whether use of surveillance device in public interest — Whether "private activity" or "private conversation"
b. Contempt — Media reporting and contempt — Penalties — Publication of article bearing upon honesty of accused on day of trial — Whether contemptor acted recklessly and with indifference to what effect publication might have on due administration of
c. Practice and procedure — Application for extension of time with which to apply to strike out — Effect of delay Court
d. Defamation — Application to strike out defence — Application by media outlet to broadcast
e. Corruption and Crime Commission (CCC) — Investigation by CCC — Public hearings — Application by media outlet to broadcast videotaped interview played during public hearings
f. Practice and procedure — Application for extension of time with which to apply to strike out — immunity

Found on AustLII with AND search, also in the Supreme Court list of results. Catchwords were taken from Supreme Court.

Response:

Activity indicatorRayney v The State of Western Australia [2009] WASC 105

a. Procedure — Supreme Court procedure — Publication of information obtained by use of surveillance device — Interpretation — Whether use of surveillance device in public interest — Whether "private activity" or "private conversation"
b. Contempt — Media reporting and contempt — Penalties — Publication of article bearing upon honesty of accused on day of trial — Whether contemptor acted recklessly and with indifference to what effect publication might have on due administration of
c. Practice and procedure — Application for extension of time with which to apply to strike out — Effect of delay Court
d. Defamation — Application to strike out defence — Application by media outlet to broadcast
e. Criminal law — Criminal procedure — Release of evidence to media — Video police interview
f. Practice and procedure — Application for extension of time with which to apply to strike out — immunity

Found on AustLII with AND search, also in the Supreme Court list of results. Catchwords were taken from Supreme Court.

Response:
Subjects: Law, Research