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Case law

Case citation

Case citation

To cite case law you will need likely need to use the Australian Guide to Legal Citation (AGLC) referencing style. However, sometimes other referencing styles, such as the American Psychological Association (APA) style, should be used. If you're not sure which style to use please check with your unit coordinator or tutor. 

You can find a concise overview of citing case law using AGLC style below. For detailed information on referencing, please see our referencing guides:

You can find a concise overview of citing case law below.

Citing reported cases

The essence of a case citation for a report series is:

Parties' names + year + volume (if any) + series abbreviation + starting page number + pinpoint reference.

Citing unreported cases

The essence of a case citation for an unreported judgment in medium neutral format is:

Parties' names + [Year of publication] + Unique court identifier + Judgment no. + [Pinpoint]

Medium neutral citations are official citations designated by courts, so you can source the case regardless of the publisher/court reporting series. Each court has an identifier and within each year each judgment is given a running number. Each paragraph within the case is numbered which increases precision in pinpoint citation within a decision.

Examples:

  • Singh v Commonwealth of Australia [2004] HCA 43.
  • Justelle Nominees Pty Ltd v Martin [No 2] [2009] WASC 15, [10].

Brackets

(Parentheses) are used to include the year when a reporting series numbered its volumes starting a 1 (so you would have no idea of the age of the case without this extra information).

[Square Brackets] are used for reporting series that number volumes according to the year.

Explanation In Detail

With a few exceptions, the choice of [square brackets] or (parentheses) indicates the manner in which the case series is organised.

Where a law report series uses continuous numbering of its volumes, parentheses are used around the year.

Where there is no volume numbering or the numbering begins from 1 again each year, the year is placed in square brackets.
This places the emphasis on the year for location purposes rather than on a recurring volume number.

Some exceptions to this occur in particular case series where the publisher has chosen not to adhere to standard conventions.
For example:  Corbett v Pallas [1995] Aust Torts Reports 62,236.

For more information on the use of [square brackets] versus (parentheses) see 2.2 of the Australian Guide to Legal Citation.

In an Australian case citation, the year can be enclosed by either (round) or [square] brackets.

Round Brackets

Round brackets are used when the year is not an essential component of the citation. This is when a case can be identified by a volume number alone.


For example:

Byrne v Australian Airlines Ltd (1995) 185 CLR 410 

The Commonwealth Law Reports ('CLR') volumes are numbers sequentially, from number 1 onwards. This volume number is only used once, and is thus unique, so the case can be found without reference to a year. So the year is not necessary to identify the correct volume.

Cases reported in a volume are not necessarily from one year - they can span years, depending on the number of cases reported. For example:  volume 172 contains cases from 1991, volume 173 contains cases from 1991-1992, as does volume 174.

Square Brackets

Square brackets are used when the year is an essential component of the citation.


For example: 

Byrne v Australian Airlines Ltd [1995] HCA 24

Square brackets are regularly seen in unreported judgments.

See AGLC Rule 2.2.1 for further explanation.

Legal abbreviations

The abbreviation for a series of law reports is usually the initial letters of the words in the title. Case law and journal citations are made up of the abbreviation for the case report series or journal.

Find the unabbreviated case report series or journal title from:

Parallel citations

Court reporting is a business. It is like reporting the news - how a news item is reported by the ABC or SBS, compared with 7, 9, or 10 – how there are different versions which emphasise different aspects.

Case reporting series are similar, in that there are different versions of a case. If a subject specialist series reports a case, there will be an emphasis on that subject with a lot more detail. Additionally, the subject specialist and generalist reporting series are available the day following the judgment.

Authorised versions are only available annually. There is one authorised case reporting per jurisdiction.

References to cases in your textbooks include all of the court reporting series where the case can be sourced. Listing all case reporting series in which a case can be sourced is called giving parallel citations. All versions are given because readers may have access to only case reporting series.

Parallel citations are listed as a hierarchy, from the most authoritative down. You should always attempt the most authoritative case reporting service available.

When referencing or citing a case in your assignments, you should only include the citation of the version you have accessed – not all of the parallel citations.

e.g. Hot Holdings Pty Ltd v Creasy (1996) 185 CLR 149.

Source, and cite, the most authoritative version of a case.

Case citators

A case citator is an incredibly useful tool to use for legal research. Case citators are a type of case law index.

Case citators can be useful in helping you determine:

  • The correct citation for a case;
  • If the case has been reported in more than one series of case reports (parallel citations);
  • If the case has been reported in an authorised law report series;
  • Whether any later cases have considered the case;
  • What earlier cases were considered by the case;
  • If the case considered any legislation;
  • If journal articles have considered the case;
  • If the case is still considered good law.

 Students of Murdoch University have access to a number of case citators. For example, Australian citators include:

Many of the online case citators also provide a case digest feature which provides a summary of the main points of the case. A popular example of this feature is Digest on Westlaw Australia.

More help with how to use these citators can be found in the help articles linked, in the help section within each database, or within the Online Lessons for Law & Legal Studies Students.