Cases

Every case citation starts with the same question. Where does the judgment live? If it appears in a report series, cite the report, and prefer the authorised series where one exists. If it is unreported but the court gave it a medium neutral citation, use that. If neither exists, fall back to the court, judge and date form. Rules 2.2 and 2.3 draw these lines.

A reported citation has five parts. The parties in italics, the year, the volume, the abbreviation of the report series, and the starting page. Strip the parties back to surnames or company names. Leave out first names, and cite only the first plaintiff and first defendant.

The bracket shape around the year carries meaning. Round brackets mean the series numbers its volumes independently, so the year is just the decision year. Square brackets mean the year is how you find the volume. Rules 2.1 to 2.2 cover the whole format.

Since the late 1990s most Australian superior courts number their own judgments. The citation is the case name, the year in square brackets, the court identifier, and the judgment number. Pinpoints are always paragraph numbers in square brackets because there are no report pages. Rule 2.3.1 governs the form, and it applies while the case is unreported. Once an authorised report exists, cite the report instead.

• HCA for the High Court of Australia.
• FCA for the Federal Court, FCAFC for the Full Federal Court.
• NSWSC, VSC, QSC and similar for State Supreme Courts.
• NSWCA, VSCA and similar for Courts of Appeal.

Older unreported decisions carry no court identifier or judgment number. You cite the case name, then the court, the judge and the full date inside round brackets. Pinpoint to the page. Rule 2.3.2 applies.

Transcripts of argument are cited under rule 2.7 with the label Transcript of Proceedings before the case name. Written submissions filed by a party are cited under rule 2.8 with the party named as author. Both take the file number and date rather than a report reference.

Chapter 2 also covers a few forms you will meet less often. Proceedings that have not yet been decided fall under rule 2.3.3. Court orders fall under rule 2.3.4. Administrative decisions of tribunals follow rule 2.6.1 and domestic arbitral awards follow rule 2.6.2. The Index entries for these forms walk through each one.