Tertiary Legal Materials
3 Classifications for Legal Material
Start legal research with Tertiary materials
These will provide links to primary materials
Learn more about a topic from from secondary materials (articles and books)
More detailed instructions are on the How to Source Tertiary and Secondary Materials page.
Start your research with a legal encyclopaedia.
Encyclopaedia and dictionaries are also known as Tertiary Materials, as they compile, list or digest information from other sources
Tertiary materials cannot be included in a Reference List for legal research.
You should always use the original source quoted in an encyclopaedia article.
Tertiary materials are an excellent starting point for your research.
Legal encyclopaedia provide:
topic overview
main concept
historical turning points
references to key authorities - cases and legislation
There are two Australian legal encyclopaedia to use as potential starting points for your research:
The Laws of Australia (available via the database Westlaw Australia )
Halsbury's Laws of Australia (available via the database Lexis Advance )
Encyclopaedias contain broad overviews of a subject area, and give some structure to further research and study.
Take time to look at the contents pages of a chapter or section.
Consider a table of contents as a conceptual map or framework of the key elements of a subject - it can point out the components of a particular area of law.
The Laws of Australia
The Laws of Australia presents legal principles covering over 330 topics and every Australian jurisdiction.
Each paragraph opens with a bold proposition that encapsulates the relevant legal principle, while the text that follows analyses complexities, nuances and developments in the law.
Research topic: Find information about the separation of powers between the federal and state governments, and how the Engineers' Case relates to this..
Search The Laws of Australia |
Browse The Laws of Australia |
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Step 1: Select Content Type The Laws of Australia
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Step 1: Select Content Type The Laws of Australia
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Step 2: Complete the Search box at the top of the screen Example search string: (constitution /75 (separat! /10 power!)) AND (engineer! /3 case) |
Step 2: The chapters in The Laws of Australia are arranged alphabetically. Navigate down the list to
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Step 3: Click on the magnifying glass icon to Search |
Step 3: Expand relevant Chapters by clicking on +
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Step 4: The results screen will show you a wide variety of information including:
Navigate down the Results list and locate the paragraph with the number 19.5.380. Click on the paragraph title: [19.5.380] All the Commonwealth's legislative powers contained in s 51 of the Constitution are expressly made subject to the Constitution and must be read and construed in the context of the Constitution as a whole |
This is a more serendipitous way to arrive at a relevant paragraph. However, if you are unsure of your search words, expanding chapters can prompt you in the right direction. |
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Step 5: The top of the paragraph shows you the 'breadcrumb' or path within the Laws of Australia: The Laws of Australia : 19. Government > 19.5. Federal Constitutional System > 2 Framework for Federal Distribution of Legislative Power > Principles for Interpretation of Commonwealth Legislative Power This is valuable to you as it provides you with a conceptual map of where you are within the encyclopaedia. Selecting the paragraph title will also change the left side of the screen, opening up the hierarchical table of contents for the encyclopaedia.
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Once you have accessed the paragraph [19.5.380] make a note of a few features:
- Details of the paragraph number will be reiterated under Citation.
- The currency of the paragraph is given under Current as at.
- The Document Path is given, which provides a conceptual map of where you are within the encyclopaedia.
- You will also see the content of the paragraph and the related footnotes.
The footnotes provide details of the primary sources of law which are relevant to this paragraph.
You should never quote from a legal encyclopaedia.
Instead, you should quote directly from the primary sources of law given in the footnotes.
Example Search String
Paste this search string in to the search box:
contract /10 element
From the Results list, select
[7.1.10] The elements required for the formation of a contract are: an intention to create contractual relations; agreement, which consists of acceptance of an offer; and consideration.
Note the chapter path:
The Laws of Australia : 7. Contract: General Principles > 7.1. Formation > 1 Introduction > Definition
Halsbury's Laws of Australia
Halsbury's Laws of Australia presents principles of law in a propositional style, supported by extensive references to Australian legislative and judicial authority.
Access Halsbury's Laws of Australia from the Lexis Advance homepage:
Step 1:
From the Publications list on the right-hand side of the screen, locate Halsbury's Laws of Australia
Step 2:
Select the drop-down arrow beside Halsbury’s Laws of Australia
You can choose to:
- search Halsbury's Laws of Australia by selecting Go to Advanced Search
- browse Halsbury's Laws of Australia by selecting View Table of Contents
Step 3:
Select Go to Advanced Search from the dropdown menu
Step 4:
Search for information by entering search terms into the Terms search box.
Example Search String
Paste this search string in to the search box:
(constitution /75 (separat! /10 power!)) AND (engineer! /3 case)
From the Results list, select
(C) Commonwealth Constitution
Note the chapter path:
Halsbury's Laws of Australia 90 — Constitutional Law I INTRODUCTION — CONSTITUTIONAL LAW(1) SOURCES OF AUSTRALIAN CONSTITUTIONAL LAW
Scroll down the page to see the section headings
e.g. [90-30] Legislative power
Example Search
"Engineers case"
Search within Results list for: constitution
Select result (C) Commonwealth Constitution
Identify search term engineers case
Select the footnote link back to main text to see context of reference to Engineers’ Case
Example Search String
Paste this search string in to the search box:
contract essential ingredient
From the Results list, select
(2) THEORIES OF CONTRACT
Note the chapter path:
Halsbury's Laws of Australia 110 — Contract I INTRODUCTION — CONTRACT
Scroll down the page to see the section headings
e.g. [110-35] Element of subjective intention necessary