Citing cases
Case law contains judgments published by courts and tribunals. Unpublished judgments are known as cases with medium neutral citations. A judgment may then be published in a law report.
AGLC4 rule 2 sets all the different examples of how to reference cases. This guide will provide examples on the rules for referencing cases which have been reported in published law reports, and other rules on how to reference unreported judgments.
Note
Case citations can have square brackets [ ] or round brackets ( ) depending on how the law report series is organised. To ensure you reference a case correctly, make sure to transcribe the case details exactly as they are provided from your source. Refer to AGLC4 rule 2.2.1 'Year and Volume' for more information.
What is 'medium neutral citation'?
Medium neutral citation was developed to cope with the delivery medium of the internet, The old way of citing was based on describing something published in the book format. Medium neutral citation doesn't depend on the medium of publication to make sense.
Medium neutral citations tells you that the case is published on the internet.
Medium neutral citation:
- refers to a court, rather than a reporting series
- uses a court-assigned number to identify the case rather than a volume and page number
- uses paragraph numbers rather than page numbers for pinpoint references, eg. when quoting directly from a case in an assessment.
The basic formula for medium neutral citation is covered by rule 2.3.1 of AGLC4.
A case cited in medium neutral format would look like this:
Baker v The Queen [2010] VSCA 226, [13].
Case law terminology
When researching for case law you may notice that the formatting of parties’ names can be different for some case citations. The table below lists some common terminology with a definition and the relevant AGLC4 rule.
| Term | Definition | AGLC4 rule |
|---|---|---|
| ex parte | from one side; an application by a non-party in the context of existing proceedings | Rule 2.1.9 |
| R | Regina; the King or the Queen; the theoretical prosecutor in a criminal prosecution | Rule 2.1.4 |
| re | in the matter (of); frequently used to designate proceedings in which there is only one party | Rule 2.1.8 |
| v | referred to as "and" in civil cases and "against" in criminal cases | Rule 2.1.11 |
Definitions sourced from Peter Butt (ed), LexisNexis Concise Australian Legal Dictionary (LexisNexis Butterworths, 4th ed, 2011)
AGLC4 Part II: Domestic Sources - 2 Cases
2.1 Reported Cases
| Element | Case Name | Year | Volume | Law Report Series | Starting Page | Pinpoint | Full stop |
|---|---|---|---|---|---|---|---|
| Rule | 2.1 | 2.2.1 | 2.2.1 | 2.2.2 | 2.2.4 | 2.2.5 | 1.1.4 |
| Example | Hongan v Hinch | (2011) | 243 | CLR | 506 | ,512 | . |
| Lodge v Lawton | [1978] | VR | 112 | ,115 | . |
Other examples:
- Pinpoint: Gerhardy v Brown (1985) 195 CLR 70, 71.
- Case Citation: Babic v The Queen (2010) 203 A Crim R 543.
- Case Citation: Ireland v Haesler [1959] VR 4.
Melbourne University Law Review Association, Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018) 50.
2.2.2 Law Report Series
Cases can be reported at different times in multiple law reports. There is a preferred version hierarchy, with authorised law reports at the top, as seen in this table. Be sure to cite the most authoritative version.
|
Version |
Examples |
|---|---|
| Authorised law report | CLR, FCR, VR, NSWLR |
| Generalist unauthorised law report | ALR, ALJR, FLR, ACTR |
| Subject-specific unauthorised law report | A Crim R, ACSR, IR, IPR |
| Unreported judgment (medium neutral citation) | HCA, FCA, NSWSC, VSC |
| Unreported judgment (no medium neutral citation) | See rule 2.3.2. |
(See AGLC4 rule 2.2.2 for more information)
Melbourne University Law Review Association, Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018) 50.
AGLC4 Part II: Domestic Sources - 2.3 Unreported Decisions
2.3.1 Unreported Decisions - Decisions with a Medium Neutral Citation
| Element | Case Name | Year | Unique Court Identifier | Judgment Number | *Pinpoint | Full stop |
|---|---|---|---|---|---|---|
| Rule | 2.1 | 2.2 | 2.3.1 | 2.3.1 | 1.1.6-1.1.7 | 1.1.4 |
| Example | R v De Gruchy | [2006] | VSCA | 10 | ,[4]-[5] | . |
* There is a comma before any pinpoint(s).
Other examples:
- Pinpoint: Nichia Corporation v Arrow Electronics Australia Pty Ltd [2019] FCAFC 2, [11].
- Case Citation: Mazukkov v University of Tasmania [2004] TASADT 8.
Melbourne University Law Review Association, Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018) 54.
AGLC4 Part II: Domestic Sources - 2.3.2 [Unreported] Decisions without a Medium Neutral Citation
2.3.2 [Unreported] Decisions without a Medium Neutral Citation
| Element | Case Name | Court | Judge(s) Name | Full Date | Pinpoint | Full stop |
|---|---|---|---|---|---|---|
| Rule | 2.1 | 2.3.1 | 2.4.1 | 1.11.1 | 1.1.6-1.1.7 | 1.1.4 |
| Example | Ross v Chambers | (Supreme Court of the Northern Territory) | Kriewaldt J, | (5 April 1956) | 77-8 | . |
Other examples:
- Pinpoint: Barton v Chibber (Supreme Court of Victoria, Hempel J, 29 June 1989) 3.
- Case Citation: Williams v State Bank of New South Wales(Supreme Court of New South Wales, Young J, 7 April 1993).
Melbourne University Law Review Association, Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018) 56-7.
Tip
For more in depth information to understand the difference between medium neutral citations and law report citations go to the Researching Case Law – Law Reports and Unreported Judgments.