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.
Judicial Consideration of a Section of an Act
Acts are drafted to cover the past, present, and anticipated future.
Their wording is, therefore, not always specific or detailed.
This can leave an Act open to interpretation - its meaning, or the way it is applied.
An Act can be interpreted or challenged in court, by the judiciary.
Sections of Acts can be interpreted, considered, or discussed, and meaning given to terms (or meanings reviewed, as people, technology, and circumstances change over time).
Judicial consideration of a section of an Act is where the section has been interpreted or discussed by a court.
Looking at case law that has judicially considered a section of an Act allows you to see how the section has been applied in various situations.
Legal databases enable searching for cases judicially considering a section of an Act.
Different databases decide differently whether or not a particular case is relevant or judicially considers part of an Act, so it is worth looking at more than one database to find relevant case law.
This is simply because each database is likely to show you different results.
CaseBase on Lexis Advance
CaseBase is a feature on Lexis Advance that enables you to see where a particular section of an Act has been judicially considered.
It is a case citator and annotating service that summarises the important features of a case.
The CaseBase entry provides (where available):
* Case details
* Case summary
* Catchwords of areas of law & Digest of legal issues
* Cases referring to the case
* Cases considered by the case
* Journal articles referring to the case
* Legislation considered by this case
You will look at CaseBase more closely when you look at researching Case Law.
Task: Use CaseBase on Lexis Advance to locate case law that judicially considers section 21 of the Australian Citizenship Act 2007 (Cth).
Complete the tutorial:
LawNow on Lexis Advance
LawNow is another feature on Lexis Advance that enables you to see where a particular section of an Act has been judicially considered.
LawNow differs from CaseBase in that the focus is on the Act - you first search for the section of the Act, then use LawNow to search for related materials including judicial consideration.
LawNow entry provides (where available):
* Overview of legislation details
* Analytical/Secondary Materials
* encyclopaedia, journal, commentary articles
* Court Cases
* case decisions considering or interpreting this section of the Act
* Section History
* commencement of this section, amendments
Task: Use LawNow on Lexis Advance to locate case law that judicially considers section 21 of the Australian Citizenship Act 2007 (Cth).
Note: Ensure you quote sections of an Act from the authorised source - the Federal Register of Legislation - not from Lexis Advance.
Complete the tutorial:
Judicial Consideration of an Act on Westlaw Australia
Option 1: Global Search: |
Option 2: Advanced Search |
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Step 1: Search by Act title in double inverted commas and section number to be within 10 words of Act title Example:
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Step 1: Select Content type - Cases
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Step 2: Click on the magnifying glass icon to Search
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Step 2: Select Advanced Search
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Step 3: From the Results list, select Cases Option 1: Select View All Cases Option 2: Select Cases from the Content types menu
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Step 3: Once on the Advanced Search Cases page you will find a search template tailored to case law research. Complete Legislation Title and Provision Number fields Tip: Do not include a designation abbreviation
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Step 4: Click on the magnifying glass icon to Search |
You will be taken to the search results page.
Make sure that you look closely at the results and ensure that each case is actually considering the right section of the right Act in the right jurisdiction.
At the time of writing, this search returned more than 700 results.
It is again important to check the accuracy of the results.
Below is a screen shot of one of the cases, XJDS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, which was returned as a result from the search.
You can see that the correct Act and section in the correct jurisdiction appears in this case.
You can use the same strategies to source information regarding State legislation.
Always make sure that you check your results to ensure that the cases you find are discussing the correct section of the correct Act in the correct jurisdiction.
Sometimes an Act will have the same short title and year but be in a different jurisdiction.
To be sure, click through the case record and scroll down until you find the heading Legislation Considered then check to see that the correct section, of the correct Act in the correct jurisdiction is being considered.
Results can be filtered by:
NoteUp on AustLII
AustLII (Australian Legal Information Institute) is a free database providing access to Australasian legal materials.
NoteUp is a feature on AustLII that enables you to see where a particular section of an Act has been judicially considered.
It is a case citator, in that it only lists the cases citing a particular section of an Act.
NoteUp is similar to LawNow, in that the focus is on the Act - you first search for the section of the Act, then use NoteUp to search for related materials including judicial consideration.
NoteUp is used first to identify the cases citing a particular section of an Act.
LawCite, another feature on AustLII, is then used to identify the important features of a case.
You will look at AustLII more closely when you look at researching Case Law.
Task: Use NoteUp and LawCite on AustLII to locate case law that judicially considers section 21 of the Australian Citizenship Act 2007 (Cth).
Complete these tutorials (similar outcomes, different methods):
LawCite on AustLII
LawCite is a feature on AustLII that enables you to see where a particular section of an Act has been judicially considered.
It is a case and article citator.
The LawCite entry provides (where available):
* Cases referring to this Act's section
* Law Reform reports referring to this Act's section
* Journal articles referring to the Act's section
Task: Use LawCite on AustLII to locate case law that judicially considers section 21 of the Australian Citizenship Act 2007 (Cth).
Complete the tutorial:
Jade
Jade (Judgment and Decisions Enhanced) is a free online legal database. It is a valuable legal research tool as it is available for free, unlike databases like Lexis Advance and Legendcom that require a subscription fee. Like CaseBase and LawNow on Lexis Advance, AustLII provides information on cases which have judicially considered an act, or a section of an act.
Task: Use Jade to locate case law that judicially considers section 21 of the Australian Citizenship Act 2007 (Cth).
Step 1: Go to the Jade website.
Step 2: Enter your search terms in the search bar at the top of the screen.
In this example, you are searching for section 21 of the Australian Citizenship Act 2007 (Cth). Type in "Australian Citizenship Act 2007" and 21.
It is important that you use the correct Boolean operators and do not include the "s" for section in front of the section number.
Step 3: Click on search now.
Step 4: Your search may lead to a large number of results. Use the options on the left-hand side of the page to Refine search results.
If you are looking for a particular case within the results list, enter the case citation into the filter box under Search within results.
Step 5: When you have located a particular case within your results, click on the green case name. This will take you to the case as it is held on Jade. This includes the text of the case as well as Jade's citator notes at the bottom of the page.
Step 6: Scroll to the bottom of the case page and locate Legislation cited by this decision. Ensure that the case you are looking at discusses the Act in which you are interested and the correct section of the Act.
Note: You will not be able to source journal articles from Jade. This database is for case law reports and legislation only.