Researching Case Law

CaseBase Cases is an online case citator, accessed via the Lexis+ Australia platform. CaseBase editors analyse and index each judgment, which makes this database a good place to start searching cases by topic.  

CaseBase lists mostly Australian cases, however overseas cases are also included if they are relevant to Australian law.

1. Use the CaseBase Advanced Search (on Lexis+ Australia) and enter your keywords into the Terms field. Take note of the Use Connectors table to construct your search terms.
   This example is searching for the terms solicitor and client and communicat! and disclosure.

2. You can add a judgment date, jurisdiction, etc., in the Advanced Search box. Alternatively, you can filter using the options on the left-hand side of the results screen.

Tip

Check out the Terms and Connectors Quick Reference on the Lexis+ Australia database.

Westlaw Australia contains full-text unreported judgments from Australian courts and tribunals and Australian authorised law reports.

1. Use the Westlaw Australia homepage. Select Cases under Content Types.  
2. From the Cases page select the Advanced option next to the Search bar.  
3. Enter your keywords into the All of these terms field. This example is searching for the terms solicitor client communicat! disclosure.

4. The keywords in the All of these terms field will be automatically connected in the main search bar. Select the search icon to run the search.

5. Search results can be narrowed by adding additional terms in the Search within results field. Or refine by jurisdiction or date from the left-hand column.

Finding cases by topic can be done by using a classification system like Westlaw Australia Key Number System. This classification system sorts subject headings into hierarchy order.

You can browse through their subject headings by starting with a broad topic first (first entry in the subject hierarchy). Then filtering down to subtopics. Exploring the Key Numbers System gives you an understanding of the structure of the area of law you are searching for a topic.

In this example we are going to look for cases on the topic of solicitors and clients, and disclosure of information.

1. On the Westlaw Australia home page under the Content types heading of Key Number System, click on Browse cases by topic.

2. On the list of Key Number headings select 68 Professions and trades. Scroll to 1114-1289 Lawyers. Select 1135-1182 Duties and liabilities. Select 1153-1179 Solicitor and client. Select 1158 Disclosure of information.

In this example, 68 Professions and trades is the first in the hierarchy. This means it is the broad topic and the following key numbers are the subtopics.
 

Tip

If you want to go back and browse broader topics, click one of the previous sub-headings above.
 

3. Browse the list of cases classified under the Key Number system. You can use the filters on the left side to refine to a specific jurisdiction (e.g.: High Court of Australia) or refine by date range.

Note

For more information on the Key Number System view the Westlaw (Australia) Guide - How to find cases on a point of law using the Key Number System.

AustLII contains full-text judgments from most Australian jurisdictions and some law reports. If you are searching for recent unreported judgments or tribunal decisions, AustLII is a good website to search.

1. Go to the AustLII homepage. Select the dropdown menu next to the search bar. Select Advanced Search.

2. Type your keywords into the Enter your search field. This example uses proximity searching (e.g., w/n or Pre/n) using the terms solicitor NEAR client W/10 communicat* NEAR disclosure (AustLII user guide, p.7)

3. Untick the box next to Select the database(s) to search. Tick the box next to All Case Law Databases. Then select Advanced Search.

4. The results screen defaults By Relevance. Tick the box next to Show Excerpt to see your keywords in context.

5. You can select the other tabs to view results sorted by citation frequency, database, date or title. For example, to view decision from VCAT select By Database, then scroll down to Victorian Civil and Administrative Tribunal.