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Case law

Case structure

Research case law at Murdoch University Library

Case structure

Understanding the structure of a case enables you to:

  • Locate a case
  • Locate and assess other relevant information that will assist in determining its relevance to a particular situation
  • Locate similar cases of relevance

There are essentially two main parts to a case:

  • The decision (the judge's words)
  • Everything else

While the decision is the same in all formats, reported and unreported, the supporting information and analysis is much more substantial in a reported series.

Reading a judgment effectively

  1. Focus on the decision, but don’t ignore the discussion of the facts
  2. Look for an overview of the decision
  3. Be eagle-eyed for evidence of the decision from the judges’ tone and use of language
  4. If time is of the essence, ensure you read the conclusions of the judges at the end of their decision
  5. Read the dissenting opinions as these often provide another insight into the legal issue in dispute.

Headnotes to a report sit above the decision.

They are added by editors and should not be quoted as they do not form part of the decision.

Headnotes usually contain:

  • Catchwords
    • Key legal concepts and subject terms from the case. Catchwords are usually in italics or bold at the beginning of a case. There may be several sequences of catchwords. Most cases are about resolving several issues - not just one.
  • A summary of the facts and issues in the case
  • Other information editors may choose to add to the headnotes can include:
    • Parties' names in full
    • Judges' names
    • Relevant dates
    • Summaries of the arguments presented by opposing counsel (in the CLR)
    • Cases cited within the decision
    • Litigation history of the case
    • Names of the barristers and solicitors involved in arguing the case
    • The date the argument began.
  • The end of the headnotes are indicated by various means including:
    • A space
    • The words Cur.adv.vult
      • Curia advisari vult is a Latin legal term meaning "the court wishes to consider the matter" and the decision follows
    • The judges' names in CAPITALS.

You should also notice a change in the writing style from the summary/point form in the headnotes to a more discursive argument. When possible, make sure you are looking at the case in a reported series and not in its unreported or medium neutral format.

Note: The headnotes of the Commonwealth Law Reports (CLR) contain a summary of the arguments used by both sides. This is the only series that includes this information.

There may be a sequence of dates given. The first is the starting date, or the date the Court started hearing arguments concerning a case, and the last is the date the decision was handed down.

Other dates indicate other days the Court heard the argument.

The date the judgment was delivered is usually the date just above the list of judges, and is the latest date.

In some series the judges' words follow the phrase Cur. adv. vult. (Curia advisari vult: the court will consider). This means the judgment of the court will follow this phrase.

Sometimes there are a few blank lines following the end of the headnotes, and the name of the judge(s) is printed in bold at the beginning of the judgment(s).

Recent decisions have the number 1 next to the first paragraph of the judge's decision. This is required for compliance with medium neutral citation rules. The medium neutral format requires each paragraph of the decision to be numbered in square brackets [1], [2], etc. (in decisions made since 2000). 

For more on the medium neutral citation rules, see the unreported cases section of our AGLC referencing guide:

Note the structure of the Commonwealth Law Reports version of the Spriggs v Commissioner of Taxation (2009) 239 CLR 1; [2009] HCA 22 case in the image below. The case report includes:

  • The reported citation
  • The name of the court
  • The name of the case
  • Names of parties
  • The unreported citation
  • Catchwords
  • The date of decision
  • The judges name/s
  • Headnote: Summary of case
  • Summary of decision
  • The judgment delivered (Note the use of cur ad vult. This is an abbreviation for the Latin curia advisari vult, meaning the court wishes to be advised; the court wishes to consider its decision. It is used in law reports to signify that the judgment was not delivered immediately.)