Self Paced Lesson - Migration Case Law - Subject Guide: 3: Source Case From Citation

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.  

Your task: Find the same case in print and on Lexis Advance:
Minister for Immigration and Citizenship v Kumar (2009) 253 ALR 219

(2009) 253 ALR 219 is a parallel citation for Minister for Immigration and Citizenship v Kumar (2009) 238 CLR 448 in an unauthorised reporting series.

Sourcing Cases in Lexis Advance

Step 1: Solve the abbreviation of the ALR 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 Australian Law Reports.

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

Step 4: Select the link to Lexis Advance, 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 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.

Minister for Immigration and Citizenship v Kumar (2009) 253 ALR 219

Step 3: Navigate down the volume list and select Volume 253

Step 4: expand volume 253 by clicking on + 
All cases included in this volume will be listed, starting from page 1 to 715, just as they would appear in the print volume

Step 5: From the citation, we can see that the Kumar case appears on page 253 of this volume, so scroll down to the 12th case 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 - BC200901361 (compare the ALR version with the BC version)

Searching for Cases in Lexis Advance

Step 1: Access Lexis Advance

Step 2:  If you were sourcing a case by citation using Lexis Advanced's Cases Advanced Search, you would repeat Step 1-5, as listed above in Sourcing Cases in Lexis Advance.

As we are already in Lexis Advance, click on the Lexis Advance Pacific Research logo (located in the top left of screen)

This will take you to the home page.

Click on the V beside Advanced Search (located to the right, above the red search box)

Select Cases from the drop-down menu

Note the choice of fields available to search by:

• Citation
• Case Name
• Legislation Title
• Words and Phrases Judicially Considered
• more...

Step 3: In the Cases Advanced Search screen, navigate to the Citation search box

Step 4: Add the case citation 253 ALR 219 

Alternatively, navigate to the Case Name search box, and add the case name Minister for Immigration and Citizenship v Kumar

Step 5: Select search icon (magnifying glass in the red square)

Step 6: Select the case name from the Results

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 7: 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 - BC200901361

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 Kumar citation from the Commonwealth Law Reports in preference to the citation in the Australian Law Reports, which is an unauthorised series.

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.  

Westlaw Australia

Westlaw Australia includes, among other things, FirstPoint (a subject index and citator for Australian case law) and most of the Authorised Law Reports.
Westlaw Australia can be accessed via the link on the Law Subject Guide.  

Your task: Find the same case in print and on Westlaw Australia:
Minister for Immigration and Citizenship v Kumar (2009) 238 CLR 448.

Sourcing Cases in Westlaw Australia

Step 1: Solve 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 Commonwealth Law Reports.

Step 3: Select the link to Full Text Online or Commonwealth law reports (Online) from the Results list
This catalogue record shows which database hold the CLRs, and the date coverage

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

Step 5: The navigation box (located to the left of screen) shows You are in the Commonwealth Law Reports.

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

 Browsing for Cases in Westlaw Australia

Step 1: Access Westlaw Australia

Step 2: The navigation panel (located to the left of screen) lists the volumes of Commonwealth Law Reports. 

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

Minister for Immigration and Citizenship v Kumar (2009) 238 CLR 448

​Step 3: Navigate down the volume list and select Volume 238
All cases included in this volume will be listed, starting from page 1 to 671, just as they would appear in the print volume

Step 4: This will take you to the list of cases which were reported in volume 238

Step 5: From the citation, we can see that the Kumar case starts on page 448 of this volume, so scroll down to the eighth Result in the list.

Included in the Results record:

• case name
• parallel citations in order of authority (most authoritative is first, then decreasing order)
• Court name + more details regarding the case
• Documents: FirstPoint entry, full text of judgment
• Classification: areas of law the case concerns

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 (click on the Adobe icon to open)
• Reported Version can be viewed in plain text (useful when copying for quotations)
• FirstPoint entry (navigation pane it to the right of screen) which provides:
  • Summary
  • Words & Phrases Considered
  • Litigation History
  • Legislation Considered
  • Cases Citing
  • Cases Cited
  • Journals noted in
• Cited Documents - case and legislation used to support the arguments made in the case
• Citing References - cases, commentary and articles written about the case

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

To access the CLR version of a case (if available):

Step 1: Select Other Versions to view the drop down menu           Step 2: Select CLR Version from the drop down menu
Step 3: Select Original Image of (1992) 175 CLR 1 to access a PDF of the CLR version

vLexJustis

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

vLexJustis 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. 

Complete the tutorial:

Finding a Case on the Shelf

Step 1: Solve the abbreviation and find the full series title.

Step 2: Identify the jurisdiction.

Step 3: Locate the series 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: Minister for Immigration and Citizenship v Kumar (2009) 238 CLR 448.

Step 1: Use the Cardiff Index to Legal Abbreviations to interpret the abbreviation CLR.

Step 2:  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 3: Once you have identified the unabbreviated series title, search for Commonwealth Law Reports using Library Search.

Step 4: 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. 

Step 5: Either note the location from the Results list, or click on the result record to access to Catalogue Record.a
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.

Step 6: 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. 

To find the Kumar case, you must go back to the citation: 238 CLR 448.

238: This is the volume number, so when you have located the Commonwealth Law Reports, you need to find volume 238.
Look along the volumes of the Commonwealth Law Reports until you find volume 238.

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 238 of the Commonwealth Law Reports, turn to page 448 to find the Kumar case.