Self Paced Lesson - Migration Case Law - Subject Guide: 8: Source Similar Cases

One of the most frequent research tasks you will undertake is to find relevant cases on a subject.
The most reliable first step is to find commentary about the topic.
When you find relevant discussion in legal encyclopaedias, books, looseleaf services and journal articles, reference will be made to key cases on the subject.

However you may find that what initially appears to be very relevant discussion is in fact old or is relevant to an entirely different jurisdiction.
There are also times when you will find that no comment or discussion on a particular topic has been published.
In both of those circumstances you need to search case law databases.

Finding similar cases

If you are aware of a case and you need to find similar cases, FirstPoint is the most useful tool.
FirstPoint is a combination and enhancement of two well-respected print tools: the Australian Digest and the Australian Case Citator.

• The Australian Digest provided a comprehensive subject analysis of Australian case law - similar cases were listed in the same subject classification. FirstPoint entries include:
  • Subject classifications. On FirstPoint they are linked to other cases which have been classified with the same subject.
  • Digests (summaries) of each case in relation to the subject classification.
    There may be several subject classifications and summaries for a complex case.
• The Australian Case Citator was a tool which helped researchers complete case citations and follow precedent by listing cases cited.
  Most of the activity you have done so far on FirstPoint replicates how researchers used the Australian Case Citator.

Using Westlaw Australia to source similar cases

Source similar cases to the High Court decision of the case Bradley v The Commonwealth.

1. Type case citation into the global Search box, enclosed in double inverted commas Bradley v The Commonwealth 
2. Notice the subject themes highlighted in blue.
3. Click on any point in the subject classification to find cases sharing that subject classification.
   For example, scroll down and look at the screen until you get to the last classification sequence Statutes > Acts of Parliament > Statutory powers and duties > Exercise > Public authorities generally.
4. • If you click on Public authorities generally you will see a list of cases sharing this classification. 
5. The first, most recent (at the time of writing), case noted in relation to Public authorities generally is Aquista Investments Pty Ltd v Urban Renewal Authority [2014] SASC 206. 
   • You can rearrange the list of cases by clicking on the 'Sort By' box on the top right of the page by Case Title, Status, Year, Citation, Jurisdiction.
     • The default arrangement shown is by year with the most recent case at the top of the list. Invert the order of this arrangement by clicking on the red triangle to see the oldest case in the list first.
     • Click on the different 'Sort By' options to see the differing displays. Find:
       a) the most recent case on this subject. This is Aquista Investments Pty Ltd v Urban Renewal Authority [2014] SASC 206.
       b) the oldest case on this subject, which is Green v The Queen (1891) 17 VLR 329.