AGLC referencing

Case law

Footnote components:

Case Name in Italics (Year) Volume Law Report Series Starting Page, Pinpoint.

Footnote examples:

Law report organised by volume number

Johnson v Staskos (2015) 48 WAR 349, 13.

Law report organised by year

Bakker v Stewart [1980] VR 17, 22.

Extra tips:

  • Cite only the first plaintiff and first defendant (see rule 2.1.1)
  • Case names may be abbreviated for subsequent footnotes (see rule 2.1.14). If the case name appears in full within the text it may be omitted in the footnote citation (see rule 2.1.15).
  • If the volumes of the law report are organised by year, put the relevant year in square brackets: [ ]. If the reports are organised by volume number, put the year the case was decided in round brackets: ( ).
  • Where a law report series is organised by year, some years may have two or more volumes per year. For example, [2007] 1 Qd R is the first volume of the Queensland Reports for the year 2007.
  • Use the abbreviation for the name of the law report series, not the full title. The report itself should indicate the relevant abbreviation. Lists of law report series abbreviations can found in the Law guide in the Cases tab. Always cite an authorised version if possible (see rule 2.2.2 for preferred order).
  • Put the page number the case report starts on. Some report series, such as CCH, often use a unique reference instead of a starting page number. Use this as the page number e.g. ¶93-198.
  • For the pinpoint use the specific page number. The paragraph number may be added after the page number if desired. If identifying the particular judge being cited, put their name in round brackets after the pinpoint.

Footnote components:

Case Name in Italics [Year] Court identifier Judgment number, [Pinpoint].

Footnote example:

R v Landmeter [2015] SASFC 3, [16].

Extra tips:

  • A case is unreported if it not published in a law report series. Always use a reported version if you can and always cite an authorised version if possible (see rule 2.2.2 for preferred order). To see if a case has been reported you can check a case citator such as CaseBase (LexisNexis) or FirstPoint (WestLaw). If it is reported in an authorised series, use the authorised reports (for example: Commonwealth Law Reports, Federal Court Reports, Victorian Reports). If there is no reported version then use a medium neutral citation if one is available (this is a citation allocated by the court the case was heard in).
  • Please note: cases in AustLii are unreported versions. Check a case citator to see if the case has been reported.

Footnote components:

Case Name in Italics (Court, Judge(s), Full judgment date) Pinpoint.

Footnote example:

Barton v Chibber (Supreme Court of Victoria, Hampel J, 29 June 1989) 3.

Footnote components:

Parties’ Names in Italics, Volume Report Series and Series Number Starting Page, Pinpoint (Jurisdiction and Court Name, Year).

Footnote example:

Bush v Schiavo, 885 So 2d 321, 336 (Fla, 2004).

Extra Tip:

  • See rule 25.1.5.2 for abbreviations for US states

Legislation

Footnote components:

Title Year in Italics (Abbreviated Jurisdiction) Pinpoint.

Footnote examples:

Act of Parliament

National Health Act 1953 (Cth) s 87.

Delegated legislation

Radiation Safety (General) Regulations 1983 (WA) reg 22.

Extra tips:

  • Generally, a principal Act rather than an amending Act should be cited (see rule 3.8 for exceptions)
  • The pinpoint should identify the particular section, paragraph, part, schedule etc. (see rule 3.1.4 for the appropriate abbreviation)
  • In repeat citations you may use an abbreviated form of the title referred to as a short title. This must be followed by a cross reference (n) in parentheses. The title should always be included in the footnote (even if the title appears in the sentence accompanying the footnote)
  • If you are citing an individual part of an Act ie: Competition Code within the Trade Practices Act give a short title to this portion of the Act and use this short title for subsequent references. You must also include a cross reference (n).

Footnote components:

Title of Bill Year (Abbreviated Jurisdiction) Pinpoint.

Footnote example:

Australian Border Force Bill 2015 (Cth) cl 26.

Extra tip:

  • For pinpoint citations, ‘clause’ and ‘sub-clause’ are usually the appropriate classifiers.

The Constitution of the Commonwealth of Australia may be cited as the Australian Constitution, the Commonwealth Constitution, or simply as the Constitution as long as there is no chance that your reader will mistake it for a different constitution:

Australian Constitution s 51(ii).

It may also be referred to within its enacting legislation:

Commonwealth of Australia Constitution Act 1900 (Imp) 63 & 64 Vict, c 12, s 9.

Constitutions of the Australian states should be cited as normal statutes:

Constitution Act 1889 (WA) s 2(1).

Footnote components:

Explanatory Memoranda, Title of Bill Year (Abbreviated Jurisdiction) Pinpoint.

Footnote example:

Explanatory Memoranda, Health Legislation Amendment Bill (No 1) 2003 (Cth).

Extra tip:

  • Explanatory Memoranda are sometimes known as Explanatory Statements or Explanatory Notes. Where your reference is titled with one of these terms, the appropriate term should be used in lieu of ‘Explanatory Memoranda’.

Footnote components:

Jurisdiction not abbreviated, Parliamentary Debates in Italics, Chamber of the House, Full date of Debate, Pinpoint (Name of Speaker, Position of Speaker).

Footnote example:

Commonwealth, Parliamentary Debates, Senate, 3 May 2016, 3322 (Penny Wong).

Extra tips:

  • If it is relevant, the position of the speaker may be included after their name, preceded by a comma
  • Second reading speeches are sections of parliamentary debates and should be cited in accordance with rule 7.5.1

Footnote components:

Jurisdiction not abbreviated, Gazette Title in Italics, No Gazette Number, Full Date, Pinpoint.

Footnote examples:

Commonwealth, Gazette: Special, No s 489, 1 December 2004.

Minister for Lands (WA), ‘Land Acquisition and Public Works Act 1902- Native Title Act 1993 (Commonwealth) - Notice of Intention to Take Land for a Public Work’ in Western Australia, Western Australian Government Gazette, No 27, 18 February 1997, 1142, 1143.

Extra tips:

  • Where multiple notices appear in the same gazette or on the same page, the author and title of the notice (if available) should also be included in the format: Author, ‘Title of Notice’ in Jurisdiction, Gazette Title in Italics, No Gazette Number, Full Date, Starting Page, Pinpoint.
  • If there is no author you may omit this
  • Australian Government gazettes are considered quasi-legislative materials and contain a range of information about legislation, including proclamations and notices from government departments and courts.

Footnote components:

Instrumentality/Officer, Instrument Title in Italics, (Document Number, Full Date) Pinpoint.

Footnote example:

Australian Taxation Office, Income Tax: Business Related Capital Expenditure -Section 40-880 of the Income Tax Act 1997 Core Issues, (TR 2011/6, 30 November 2011).

Extra tips:

  • If you are using Officer only use their title (not their name) and include the jurisdiction in brackets after the name of the department or officer
  • A document number should be included only if it appears on the instrument. Reproduce this exactly as it appears
  • The full date is the date from which the instrument takes effect. You’ll find a reference to it in the contents page of the document

Footnote components:

Treaty Title in Italics, Parties’ Names (where applicable), Date Opened for Signature or Signed, Treaty Series (date of entry into force) Pinpoint.

Footnote example:

The Antarctic Treaty, signed 1 December 1959, 402 UNTS 71 (entered into force 23 June 1961) art 1.

Footnote components:

Statute Title in Italics, Title Chapter or Volume Number Abbreviated Code Name Pinpoint (Publisher’s Name, Year of Code, Supplement).

Footnote example:

Trade Act of 2002, 19 USC § § 3803-5 42 (2006).

Extra tips:

  • Not all elements will appear in every citation
  • See rule 25.2.3 for abbreviated code names