Help With Reading Papers From the Court

Tabular array of Contents

  • Introduction to Cases
  • Using Cases
  • Searching for Cases
  • Printing Cases
  • Near the Cases Markup
  • Reproduction of Cases

Introduction to Cases

The case law databases comprise the decisions of judges in matters before a court or tribunal. In each conclusion the approximate will go over the facts of the example, the relevant law in the circumstances, so hash out how the constabulary applies to the relevant facts. The approximate may also refer to relevant legislation (laws or "acts" passed by parliament), regulations or international treaties. As a result, example law is often important in understanding how item acts of parliament operate and apply day to twenty-four hours.

AustLII also publishes High Court transcripts. Transcripts of proceedings are verbatim accounts of statements given during the grade of proceedings.

The AustLII case law databases include hypertext links to virtually relevant material. This generally includes the following:

  • references to other cases;
  • references to Acts; and
  • references to sections in Acts.
These links are inserted automatically by our hypertext markup software, which uses complex heuristics to determine exactly which documents a citation might refer to. In nigh cases the links are correct, notwithstanding sometimes errors are made due to the nature of English writing, and legal writing in particular. You should also comport in mind that links to acts get to the electric current version of the human activity, not necessarily the version of the human activity that practical to the facts of the instance.

Using Cases

Each example is preceded by a number of links. The meaning of these is equally follows:


  • Clicking on the AustLII Logo will take you back to the AustLII habitation page.

  • [Index]
    Takes you lot to the index or home page for the current database. You unremarkably practise this if you want to keep browsing for additional cases.

  • [Search]
    Lets y'all perform a search over the entire AustLII database (or parts of information technology). For details on using our search engine, encounter our online Search Assistance.

  • [Noteup]
    Searches for all materials which refer to the current case. This will display all other cases which refer to this case.

  • [Download] or [Download RTF]
    Clicking "Download" volition take you to a page that will permit you to download the case in RTF (Rich Text Format) and/or ASCII (plain text). Sometimes nosotros may not take any downloadable versions of the case available - in this situation you can use your web browser's "File > Save as" function to save a copy of the online version of the case to your figurer, or "cut and paste" the relevant office from your spider web browser into your favourite discussion processor.

  • [Context]
    Clicking "Context" will take y'all to the start of the search terms for which you searched which occurs in the decision. Note that this option only appears when you have used the AustLII search engine to find the decision.

  • [No Context]
    Clicking "No Context" removes the highlighted search terms from the current page so that you can print or view it without the highlighting of search terms. Note that this option only appears when you have used the AustLII search engine to find the decision.

  • [Aid]
    Displays this help page.

A full list of the cases databases available from AustLII may exist found on the AustLII Databases page.

Searching for Cases

Database Coverage

When searching for cases, particularly older cases, you should bank check the AustLII databases page to ensure that we concord cases from the court or tribunal and for the years in which you are interested. Alternatively, you can cheque the individual case database "index" or home pages for this information.

Database Last Updated Date

Each cases database includes a database "last updated" date on the database alphabetize page. This is the date that AustLII last updated the database and does non necessarily indicate currency. The database is updated from information received from the court or tribunal. Although some courts and tribunals send their information in batches, many provide their information as soon as it is available. Once AustLII has received the data, it is generally available on our website within 24 hours.

AustLII also provides a tool which will show you, at a glance, the realtime update status of all the cases databases which it provides along with the approximate update frequency for each database. Encounter the Update Condition for Instance Constabulary.

Recent Cases

If you are searching for a recent case or transcript, you should always also check the "contempo cases" or "recent transcripts" page for each of the relevant cases databases. This is considering there is a filibuster between when a instance is first published in a database on AustLII and when it becomes searchable. The example database indexes need to be rebuilt for a case to be searchable and this is done at least in one case every day.

By Political party Name

Autosearch: When searching for a example past political party names using the auto-search search blazon, get-go with the most general search and then, if necessary, refine it by making it more specific. For example, if you were searching for the case named "Peter Tao Zhu v. The Treasurer of the State of New South Wales", you should start with a search for "Zhu v Treasurer". This search returns the relevant results, whereas a search for the total names of the parties would fail because the Court has abbreviated the first political party's name to just the surname.

Boolean: When searching for example names using the boolean search type, you tin use the near operator to find cases involving two parties. For instance, to observe cases where John Geoffrey Smith sued (or was sued by) Malcolm Bartholemew Brown, y'all would start with the more general search and blazon: smith near brown. Again, you could make this more specific if necessary, only it is always best to kickoff with a general search using just the parties' surnames because Courts sometimes abbreviate parties' names to simply the surname or but the initials plus surname. Additionally, in cases which have many parties, Courts sometimes abbreviate the case proper name to, for example, Smith and Anor five Brownish & Ors - where Anor means Some other and Ors ways Others.

References to cases

When searching for cases or articles which contain a reference to instance proper noun, do non employ the autosearch method every bit this restricts the search to documents with the case proper name in their title. Instead, use a boolean search and a proximity operator (eg nearly, due west/n). If yous were searching for other cases and articles which refer to Mabo v Queensland, and then yous could use the post-obit search: Mabo w/2 Queensland (Mabo within 2 words of Queensland).

By Appointment

When searching using the Boolean search blazon, y'all can limit the search results by year by searching the championship field for the case proper noun and for the year within 10 words of the championship like this:

title(Minister for Immigration due west/ten 2006)

For cases, the date in the title is usually the date on which the conclusion was handed downwards.

Press Cases

To print a instance you lot tin either utilise the "File > Impress" office of your web browser, or click the [Download] link at the top of the page to become the RTF or ASCII version (where available) of the case, open up it in your favourite give-and-take processor, and print it from in that location. If the folio says that "No downloadable files are bachelor" this means that AustLII does non have a downloadable version of the item.

To eliminate the search term highlighting so that you can impress a decision which y'all constitute by using the AustLII search engine, click the [No Context] link at the elevation of the page. Y'all should now exist looking at the conclusion without any search term highlighting and can print it.

Near the Cases Markup

Cases are "marked up" (ie hypertext links inserted) on a massively automated basis. We are constantly improving this process to add together functionality. If you lot accept suggestions, these are more than than welcome. Please comport in mind that the mark upward process is substantially heuristic in nature - that is, it is designed to make the occasional mistake. If y'all think that you lot can suggest a general arroyo to amend taking into business relationship the salient features which are inherent in most example constabulary databases, please ship us feedback.

Reproduction of Cases

All cases and related data on the AustLII site is published with the permission of the relevant copyright holder. AustLII cannot give y'all permission to reproduce the cases on the AustLII site. To reproduce any cases beyond what is permitted by the Copyright Act 1968, you should contact the relevant copyright holder to obtain permission. Details to assist you to practice this are provided at the bottom of each database index folio (eg see the Federal Court database index page).

Additionally, while AustLII is proudly a "gratis to air" service, withal our detailed markup of legislation is field of study to copyright and cannot be copied. The markup is absolutely non in the public domain as far as whatsoever sort of reproduction is concerned. Please see AustLII's usage policy for full details.

Copyright permission requests in respect of the AustLII markup and other AustLII-created content should be fabricated through AustLII Feedback.


AustLII: Copyright Policy | Privacy Policy | Disclaimers | Feedback
URL: http://www.austlii.edu.au/austlii/help/cases.html

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Source: http://classic.austlii.edu.au/austlii/help/cases.html

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