Aglc4 PDF
Aglc4 PDF
Aglc4 PDF
Au s t r a l i a n G u i d e
to Legal Citation
Fourth Edition
AUSTRALIAN GUIDE
TO LEGAL CITATION
Fourth Edition
Australian Guide to Legal Citation / Melbourne University Law Review Association Inc.,
Melbourne Journal of International Law Inc.
4th ed.
ISBN 9780646976389.
Bibliography.
Includes index.
808.06634
Published by:
Melbourne University Law Review Association Inc
Reg No A0017345F · ABN 21 447 204 764
© 2018 Melbourne University Law Review Association Inc and Melbourne Journal of International
Law Inc. This work is protected by the laws of copyright. Except for any uses permitted under the
Copyright Act 1968 (Cth) or equivalent overseas legislation, no part of this work may be reproduced,
in any manner or in any medium, without the written permission of the publisher. All rights reserved.
AUSTRALIAN GUIDE
TO LEGAL CITATION
Fourth Edition
MELBOURNE
UNIVERSI TY
L AW REVIEW
Melbourne University Law Review Melbourne Journal of International
Association Inc Law Inc
© 2018
The Melbourne University Law Review Association and
the Melbourne Journal of International Law
gratefully acknowledge the generous support of the sponsors of
the fourth edition of the Australian Guide to Legal Citation.
v
__________
1 Lynne Truss, Eats, Shoots and Leaves: The Zero Tolerance Approach to Punctuation
(Profile Books, 2003) v.
vii
This volume mirrors the increasing significance of both comparative and international
law in Australian legal scholarship. The earlier single chapter on the citation of
international materials has now become seven chapters. The international section
(Part IV) devotes considerable attention to treaties and the documents generated by
international institutions. It includes an entirely new chapter on the citation of
documents from international criminal tribunals, reflecting the astonishing growth in the
law in this area over the past decade.
Part V introduces rules for citing legal materials from China, France, Germany,
Malaysia, Singapore and South Africa and contains extensive revisions of rules relating
to the United Kingdom and the United States. Such guidelines will enhance the
accessibility of foreign legal sources and thus gently erode Australian legal
parochialism.
The third edition is the product of intense and detailed work. It is meticulous without
being stultifying. The authors are respectful sticklers working on behalf of readers
everywhere and all Australian legal scholars will benefit from the careful scrutiny and
sensibility of the three generations of the Guide’s authors.
Sticklers unite! Like the printers of St Petersburg, the authors of this Guide take the
conventions of language and research seriously. May this compendium repay their hard
work by encouraging precision in prose and clarity in citation.
Hilary Charlesworth
Professor of Law and ARC Federation Fellow
The Australian National University
Melbourne University Law Review Editor 1979
January 2010
viii
Justice KM Hayne
Justice of the High Court of Australia
Melbourne University Law Review Editor 1966
Melbourne
19 March 1998
__________
1 Richard Posner, ‘Goodbye to the Bluebook’ (1986) 53(4) University of Chicago Law
Review 1343, 1349.
ix
Acknowledgments
Members of the Review and the Journal have been involved in production of this edition
of the AGLC over the last several years. Work on the fourth edition of the AGLC was
overseen by the General Editors: Justin Browne, Rajesh Gounder, Peter Henley, Marcus
Roberts and Lachlan Sievert. Much of the work was done by the AGLC4 Committee,
comprised of Anna Bohacova, Eliah Castiello, Kye-Ren Cheong, Danielle El Hajj,
Matthew Harper, Jamin Li, Michael McArdle, Daniel O’Neil, Kathleen Phelan,
Alan de Rochefort-Reynolds, Rachel Walters and Daniel Wright. The cover was
designed by Eliah Castiello.
We thank all past and present Members of the Review and the Journal who participated
in proofreading the fourth edition of the AGLC: Justin Joonhyuk Chang, Betty Yee En
Choi, Kevin Cui, Nick Felstead, Jane Hannah, Jake Herd, Angad Keith, Ken Kiat,
Youngkwang ‘Nolan’ Lee, Jahangir Mahmood, Anna Sartori, Maddie Smith, Phapit
Triratpan, April Whitehead, Belinda Yee and Jennifer Zheng. We would also like to
thank Sam Crock and Sarah Waring. We thank especially Stuart Dixon for his
comprehensive proofreading of the fourth edition.
Invaluable assistance was provided by the former Editors of the Review and the Journal:
Holly Cao, Kara Connolly, Jordonne Colley, Chenez Dyer Bray, Monique MacRitchie,
James Nunez, Mimi Oorloff, George Priestley, Stephen Polesel, Cal Samson, Phoebe
St John, Emily Rothfield, Anna Saunders, Adaena Sinclair-Blakemore and Thomas Wu.
We would like to thank Alexander Di Stefano and Jack North for their contribution to
the Review and their tireless efforts, along with their team, in developing AGLC Online.
x
We thank Andrew Christie, Robin Gardner, Fiona MacDowell, Chantal Morton, Trung
Quach and Kirsty Wilson for their insight and assistance with the production of the
fourth edition.
Working on the fourth edition was made markedly easier by the enduring framework
built by the past three editions of the AGLC. We would like to acknowledge all those
who have worked on the previous editions, especially the General Editor of the first
edition, Andrew D Mitchell, the General Editors of the second edition, Lucy Kirwan and
Jeremy Masters, and the General Editors of the third edition, Sara Dehm and David
Heaton.
We wish to acknowledge Melbourne Law School’s continuing support of the Review,
the Journal, and of the AGLC. We would like to thank the Review’s Faculty Advisors,
Ian Malkin, Jenny Morgan and Dale Smith, and the Journal’s Faculty Advisors,
Andrew D Mitchell, Bruce ‘Ossie’ Oswald, Jacqueline Peel and John Tobin, for their
continued support and guidance over the years.
Finally, we are grateful for the extensive feedback provided by students, practitioners,
academics, judges, court officers and staff, law school administrators, law librarians,
law journal editors and others who have supported the AGLC. It is heartening to see the
degree of commitment and investment that AGLC users have for its continued
improvement. Such feedback is highly valued and ensures we consider many different
perspectives when making changes. We look forward to receiving feedback on possible
improvements for the next edition.
AGLC4 Committee
Melbourne
July 2018
xi
Subsequent References
One of the more significant changes contained in this edition of the AGLC concerns
subsequent references. Specifically, the AGLC now provides for the use of cross-
references in citations of all sources, including cases, legislation and treaties.
The principle guiding this change is consistency. In academic writing, readers will wish
to refer back to cases, legislation and treaties that have been previously cited as
frequently as they will wish to refer back to journal articles and books. In this context,
it makes sense to adopt a uniform rule for subsequent references.
xii
A further principle guiding the change was clarity. The previous edition of the AGLC
provided for the use of short titles, but not cross-references, when citing legislation. A
reader might then come across a reference to ‘JR Act’, and, if she had not read every
footnote and was not familiar with the field, she might struggle to decipher the reference.
The use of cross-references alleviates this issue.
However, it is accepted that in some contexts, the interest in being able to instantly
identify the complete reference for a case outweighs the interests of consistency and
concision. For example, it is likely that, for good reason, law reports and legal advices
will continue to use complete citations of cases.
Bearing in mind that writers’ purposes and readers’ circumstances will differ, the new
rule regarding subsequent references is intended to be facultative rather than mandatory.
Secondary Sources
This chapter has undergone some significant changes. A new chapter outlining the
general rules for secondary sources has been added (chapter 4). Much of this information
was contained in specific rules in the past edition. The consolidation into a single chapter
provides greater clarity for specific elements of secondary sources, irrespective of the
rule being applied.
Multiple new rules have been added to allow citation of materials such as intellectual
property materials, podcasts and social media posts. As the sources we draw upon
expand, so too must the citation rules.
Existing rules have also undergone changes. Multiple secondary sources have been
consolidated into general rules that can be applied to multiple different source types.
This allows consistency in how similar materials are cited. The rules are also easier to
navigate.
xiii
Contents
PART I — GENERAL RULES
1 General Rules...................................................................... 1
1.1 General Format of Footnotes .......................................................... 1
1.1.1 When to Footnote ................................................................. 1
1.1.2 The Position of Footnote Numbers ....................................... 2
1.1.3 Multiple Sources in Footnotes............................................... 3
1.1.4 Closing Punctuation in Footnotes ......................................... 3
1.1.5 Discursive Text in Footnotes................................................. 4
1.1.6 Pinpoint References.............................................................. 4
1.1.7 Spans of Pinpoint References .............................................. 6
1.2 Introductory Signals for Citations .................................................. 7
1.3 Sources Referring to Other Sources .............................................. 8
1.4 Subsequent References .................................................................. 9
1.4.1 General Rule ......................................................................... 9
1.4.2 References within a Text .................................................... 10
1.4.3 Ibid ...................................................................................... 11
1.4.4 Short Titles .......................................................................... 12
1.4.5 Abbreviations and Defined Terms ...................................... 13
1.4.6 Subsequent References within the Same Footnote ........... 14
1.5 Quotations ...................................................................................... 15
1.5.1 General Rule ....................................................................... 15
1.5.2 Introducing Quotations ........................................................ 17
1.5.3 Ellipses ............................................................................... 18
1.5.4 Editing Quotations............................................................... 18
1.5.5 [sic]...................................................................................... 19
1.5.6 Closing Punctuation ............................................................ 20
1.5.7 Omitting Citations and Adding Emphasis............................ 21
1.6 Punctuation..................................................................................... 22
1.6.1 Full Stops ............................................................................ 22
1.6.2 Commas.............................................................................. 22
1.6.3 Em-Dashes, En-Dashes, Hyphens and Slashes ................ 23
1.6.4 Parentheses ........................................................................ 23
1.6.5 Square Brackets ................................................................. 24
1.7 Capitalisation .................................................................................. 24
1.8 Italicisation...................................................................................... 26
1.8.1 Italicisation for Emphasis .................................................... 26
1.8.2 Italicisation of Source Titles ................................................ 26
1.8.3 Italicisation of Foreign Words.............................................. 27
1.9 Spelling and Grammar ................................................................... 28
1.9.1 Official Dictionary ................................................................ 28
1.9.2 Official Grammar Guide ...................................................... 28
1.9.3 Inclusive Language ............................................................. 28
xiv
1 General Rules
General
Rules
1.1 General Format of Footnotes
Rule Footnote numbers should generally appear after the punctuation at the
end of a sentence. However, footnote numbers may appear directly after
the relevant text (after any punctuation except em-dashes) if this is
necessary for the sake of clarity.
Examples The Court of Appeal in Burger King Corporation v Hungry Jack’s Pty
Ltd was also of the opinion that a duty of good faith should be implied
in law.4
…
The court describes the best interests of the child as the ‘paramount or
pre-eminent consideration’;6 it is the ‘final determinant’ of what orders
the court must make.7
…
Bainbridge acknowledges that ‘the tort creditor has no ability to bargain
out of the default rule’ of limited liability and that the company is likely
to be the cheapest cost avoider (with the ability to organise insurance
or take precautions to ensure the accident is prevented).9
…
The Gilbert + Tobin Centre of Public Law argued that s 80.2(5) was
‘welcome because it would criminalise … incitement to violence
against racial, religious, national, or political groups’11 — consistent
with international human rights treaty obligations.
…
Some of the issues have now been resolved by the High Court’s
decisions in Pape v Federal Commissioner of Taxation (‘Pape’),13
Williams v Commonwealth (‘Williams [No 1]’)14 and Williams v
Commonwealth [No 2] (‘Williams [No 2]’).15
…
So much is recognised by the Constitution’s provisions17 for ‘a practical
system of law where [the] Commonwealth can sue a State, a State can
sue [the] Commonwealth, and a State can sue a State’.18
…
Australian Guide to Legal Citation 3
General
Rules
The appellant has indeed behaved badly, but no worse than many of his age
who have also lived as members of the Australian community all their lives
but who happen to be citizens. The difference is the barest of technicalities.
It is the chance result of an accident of birth, the inaction of the appellant’s
parents and some contestable High Court decisions.20
Rule A full stop (or other appropriate closing punctuation) should appear at
the end of every footnote.
23
Examples R v Gomez [1993] AC 442.
24 Ibid; R v Macleod (2001) 52 NSWLR 389.
25 But what of the second proposition, namely, that Mr Ford was benefited by
the receipt of the means of obtaining goods and services that he genuinely
and subjectively desired?
4 Part I — General Rules
Rule Footnotes may contain discursive text (ie text that is not a citation).
Citations relating to discursive text in footnotes should appear after a
colon at the end of the relevant text (unless the full citation appears
within the discursive text, including any relevant pinpoints).
When citing a source that has been cited earlier in the same footnote,
or citing a different pinpoint to that cited earlier, ‘at’ may be used in
accordance with rule 1.4.6.
26
Examples Note that s 22 of the Trans-Tasman Proceedings Act 2010 (Cth) prohibits
anti-suit injunctions that would be granted on the basis that a New Zealand
court is not the appropriate forum for the proceeding.
27 Agricultural Land Management Ltd v Jackson [No 2] (2014) 48 WAR 1,
64 [335]. Later in the judgment, his Honour explained that a ‘negative “but
for” criterion’ applies to some — but not all — claims for equitable
compensation: at 75 [395].
28 The Acts Interpretation Act 1954 (Qld) provides that a ‘public sector unit’
is ‘a department or part of a department’ or ‘a public service office or part
of a public service office’: at sch 1 (definition of ‘public sector unit’).
29 The scope of this legislation is confined to children as users of the internet:
Enhancing Online Safety Act 2015 (Cth) s 5.
Where the pinpoint spans several paragraphs that are all on the same
General
page, paragraph numbers should follow rule 1.1.7.
Rules
If there are no page numbers, paragraph numbers alone should be used.
For example, only paragraph numbers should be used for the following
source types:
x looseleaf services;
x unreported judgments;
x legal encyclopedias;
x unpaginated electronic documents; and
x other sources as indicated in this Guide.
A pinpoint reference to a footnote or endnote within a source should
include a page and/or paragraph reference, on which the footnote or
endnote begins, followed by:
n Footnote/Endnote Number
Multiple pinpoint references to the same source should be separated by
commas.
30
Examples Agius v South Australia [No 6] [2018] FCA 358, [90]–[97] (Mortimer J).
31
HLA Hart, The Concept of Law (Clarendon Press, 1970) 15.
32 Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd (2009) 81 IPR 1,
6 [23] (Tamberlin, Finn and Sundberg JJ).
33 Alysia Blackham, ‘Judges and Retirement Ages’ (2016) 39(3) Melbourne
University Law Review 738, 745.
34 Davies v Gertig [No 2] (2002) 83 SASR 521, 528 [57] n 6, 529 [64].
35 Kenman Kandy Australia Pty Ltd v Registrar of Trade Marks (2002) 122
FCR 494, 509 [43], [45] (French J), 529–30 [137] (Stone J).
Note Where a quote is cited, only the page on which the quote appears should
be included (ie where the paragraph containing the quoted text
continues over a page, include only the page on which the quoted text
appears).
Where a proposition is cited and the paragraph containing the
proposition continues over the page, both pages should be included
(eg ‘213–14 [31]’) unless the proposition clearly only appears on one
page or the other.
6 Part I — General Rules
General
Rules
Rule An introductory signal may be used before a citation to indicate the
relationship between the source and its corresponding proposition in
the text. Multiple introductory signals may be used within a single
footnote.
Where a new introductory signal is used in the same footnote to cite
additional sources, the new introductory signal should begin in a new
sentence, followed by the additional sources (see rule 1.1.3).
Where a citation is preceded by a colon, the introductory signal should
appear after the colon.
An introductory signal may also precede ‘at’ where ‘at’ is used in
accordance with rule 1.4.6. The introductory signal should appear after
the colon.
Introductory Signal Meaning
40
Examples James v Australia and New Zealand Banking Group Ltd (1986) 64 ALR
347. See also Andrews v Australian and New Zealand Banking Group Ltd
(2012) 247 CLR 205.
41 Cf Legislative Instruments Act 2003 (Cth) s 5.
42 Leslie Zines, ‘The Inherent Executive Power of the Commonwealth’ (2005)
16(4) Public Law Review 279, 280–1. Cf George Winterton, ‘The Limits
and Use of Executive Power by Government’ (2003) 31(3) Federal Law
Review 421.
43 See McGinty v Western Australia (1995) 186 CLR 140, 185 (Dawson J).
There are differing views on the meaning of representative democracy: see
generally at 198–205 (Toohey J).
44 Ibid 185 (Dawson J). See also A-G (WA) v Marquet (2003) 217 CLR 545,
561 [32] (Gleeson CJ, Gummow, Hayne and Heydon JJ).
45 The value of a dissenting opinion is acknowledged by judicial officers: see,
eg, Associate Justice William J Brennan Jr, ‘In Defense of Dissents’ (1986)
37(3) Hastings Law Journal 427, 430.
46
Examples Burger King Corporation v Hungry Jack’s Pty Ltd (2001) 69 NSWLR 558,
General
570 (Sheller, Beazley and Stein JJA), quoting Metropolitan Life Insurance
Rules
Co v RJR Nabisco Inc, 716 F Supp 1504, 1517 (Walker J) (SDNY, 1989).
47 Sandy Steel, ‘On When Fairchild Applies’ (2015) 131(3) Law Quarterly
Review 363, 364, cited in Caason Investments Pty Ltd v Cao (2015) 236
FCR 322, 357 [184] (Edelman J).
Rule When citing a source that has previously been cited, a shortened form
of the citation may be provided with a cross-reference in parentheses to
the footnote number in which the citation may be found in full.
For cases and legislation, a short title (see rule 1.4.4) may be used
followed by a cross-reference in parentheses.
For most secondary sources, the citation should be as follows:
Author Surname (n Footnote Number ) Pinpoint .
However, if several works by the same author/s are cited, both the
surname of the author/s and the title or the short title (where one has
been introduced in accordance with rule 1.4.4) should be provided.
Where works by different authors with the same surname are cited, the
authors’ full names — as they appear on the source — should be
included in place of the author’s surname (to avoid ambiguity).
The short title should appear in the same manner as the title would
appear in the first citation (eg italicised for a book title, in inverted
commas for a journal article or working paper).
For secondary sources authored by a body, it may be more helpful to
use a short title instead of the name of the author (see rule 1.4.4):
Short Title (n Footnote Number ) Pinpoint .
Where there is no author or editor, the title or the short title (where one
has been introduced in accordance with rule 1.4.4) should be included
in place of the author’s surname.
10 Part I — General Rules
48
Examples Catharine MacMillan, Mistakes in Contract Law (Hart Publishing, 2010) 9.
…
50 MacMillan (n 48) 41.
…
52 Australian Law Reform Commission, Traditional Rights and Freedoms:
Encroachments by Commonwealth Laws (Report No 129, December 2015)
(‘Traditional Rights and Freedoms’).
53 Penfolds Wines Pty Ltd v Elliott (1946) 74 CLR 204 (‘Penfolds Wines’).
…
55 Traditional Rights and Freedoms (n 52) 209 [7.111].
56 Penfolds Wines (n 53) 224 (Dixon J).
…
58 Kim Rubenstein, ‘Meanings of Membership: Mary Gaudron’s
Contributions to Australian Citizenship’ (2004) 15(4) Public Law Review
305 (‘Meanings of Membership’).
59 Kim Rubenstein, Australian Citizenship Law in Context (Lawbook, 2002).
…
61 Rubenstein, Australian Citizenship Law in Context (n 59) 48, 65–74.
62 Rubenstein, ‘Meanings of Membership’ (n 58) 307–11.
63 Administrative Decisions (Judicial Review) Act 1977 (Cth) (‘ADJR Act’).
…
65 ADJR Act (n 63) s 5(2).
Rule A footnote may be used to direct a reader to another portion of the same
text using ‘above’ or ‘below’. The footnote should appear as follows:
See above Pinpoint .
A pinpoint may direct a reader to pages, parts and/or footnotes
(including the footnote’s accompanying text).
66
Examples See below nn 81–2 and accompanying text.
67 See below Part III(A)(1).
Australian Guide to Legal Citation 11
1.4.3 Ibid
General
Rules
Rule ‘Ibid’ should be used to refer to a source in the immediately preceding
footnote, including any pinpoints. However, ‘ibid’ should not be used
where there are multiple sources in the preceding footnote. If there are
multiple sources in the preceding footnote, rule 1.4.1 should be used.
‘Ibid’ should be capitalised if it appears at the start of a footnote.
Introductory signals can be used with ‘ibid’, however ‘ibid’ refers only
to the source in the preceding footnote, not the introductory signal.
A pinpoint should not be repeated if it is identical to the pinpoint in the
immediately preceding footnote. If the pinpoint is different, the
pinpoint should be included after ‘ibid’, and should not be separated by
a comma.
Where there is a pinpoint in the immediately preceding footnote but no
pinpoint is required in the subsequent footnote, rule 1.4.1 should be
used to refer to the footnote where the source was first cited (not ‘ibid’).
As ‘ibid’ directs the reader back to the immediately preceding footnote,
it should not be used to refer to a source cited earlier in the same
footnote. Rather, ‘at’ should be used in accordance with rule 1.4.6.
68
Examples Eric Barendt, Freedom of Speech (Oxford University Press, 2nd ed, 2005)
163.
69 See ibid.
70 Ibid 162.
…
72
Defamation Act 2005 (Vic) s 37.
73
Ibid s 38.
…
75 Rosalyn Higgins, Problems and Process: International Law and How We
Use It (Clarendon Press, 1994). Cf Barendt (n 68) 67.
76 Barendt (n 68) 69. [Not: Ibid 69 nor Barendt, ibid 69.]
…
78
Higgins (n 75) 220.
79 Ibid 222, 239.
80 See generally Higgins (n 75). [Note: ‘Ibid’ should not be used here as this
footnote is referring to the source generally and not to any pinpoint.]
12 Part I — General Rules
Rule Short titles are a shortened form of the title of a source. A short title
should be enclosed in (non-italic) inverted commas and parentheses
after the initial citation in a footnote or reference in the text of a source.
It should appear as follows:
(‘ Short Title ’)
The title should be italicised according to the rules of this Guide (eg
cases, legislation and books).
The first citation of a source in a footnote should always be given in
full, but subsequent citations in footnotes may use the short title.
When introducing the short title within a footnote, the short title should
be provided at the end of the initial citation after any pinpoints or
parenthetical clauses (rule 1.5.7) and should not be repeated in each
subsequent citation.
The first reference to a source in the text should always provide the full
title before introducing the short title. Subsequent references in the text
may then use short title. However, a short title that has been introduced
in the footnote may be used instead of the full title in the text where the
full title is especially long (eg treaty titles, UN document titles).
If a short title was previously only provided in the footnotes, the short
title should also be provided in the text when it is first used in the text.
General
Contributions to Australian Citizenship’ (2004) 15(4) Public Law Review
Rules
305, 310 (‘Meanings of Membership’).
88 Kim Rubenstein, Australian Citizenship Law in Context (Lawbook, 2002).
…
90 Rubenstein, ‘Meanings of Membership’ (n 87) 305–11.
Note For cases (see rule 2.1.14), the short title should generally be:
x the popular case name (eg ‘Tasmanian Dam Case’); or
x the first-named party (excluding indicators of corporate status if
appropriate: see rule 2.1.1); or
x the second-named party when the first-named party is the
Crown; or
x the name of the ship in an admiralty case.
Rule Abbreviations and defined terms may be used for convenience and
clarity.
Abbreviations and defined terms should be enclosed in parentheses and
inverted commas and placed after the unabbreviated form or the
relevant definition respectively.
For abbreviations, the unabbreviated terms should always be given in
full before introducing an abbreviation. Subsequent references may use
the abbreviated form.
Abbreviations and defined terms may be introduced within the text or
a discursive footnote. However, if the abbreviation or defined term was
previously only defined in the footnotes, it should be defined in the text
when first used in the text.
Abbreviations and defined terms do not need to be introduced in the
footnotes if they have been introduced in the text previously.
Rule Where the same source is cited multiple times within the same footnote,
the full citation should not be repeated and ‘at’ should precede
subsequent pinpoint references.
However, it is not necessary to repeat a pinpoint reference using ‘at’ if
the subsequent pinpoint reference is the same as the pinpoint reference
immediately beforehand.
‘At’ can be used regardless of how the source is first cited in a footnote
(ie whether in full, using ‘ibid’ or using ‘(n …)’).
Where there are multiple sources in a footnote, ‘at’ should be used only
to refer to the immediately preceding source.
Where there are multiple sources in a footnote and a pinpoint reference
in that footnote is to an earlier source in that footnote (ie not the
immediately preceding source), ‘at’ should not be used. Instead, the
pinpoint reference should be cited using rule 1.4.1.
Where there are multiple pinpoints to a single source in a single
discursive sentence in a footnote, a semicolon should be used after each
pinpoint reference that appears in the sentence.
92
Examples Commonwealth, Parliamentary Debates, Senate, 17 June 2008, 2626. The
Minister explained that ‘[t]here may be a number of reasons that prevent a
person’s immediate removal, … includ[ing] … issues surrounding the
acquisition of the person’s travel documentation’: at 2627. [Not: …
documentation’: ibid 2627.]
93 Ibid 2625. The Minister noted that his Department had ‘grouped the data to
prevent the identification, or potential identification, of any one person’.
[Not: … any one person’: at 2625.]
94 Associate Justice William J Brennan Jr, ‘In Defense of Dissents’ (1986)
37(3) Hastings Law Journal 427; Peter J Rees and Patrick Rohn,
‘Dissenting Opinions: Can They Fulfil a Beneficial Role?’ (2009) 25(3)
Arbitration International 329. A dissenting opinion is important because it
‘safeguards the integrity of the judicial decision-making process by keeping
the majority accountable’: Brennan Jr (n 94) 430. [Not: … majority
accountable’: at 430.]
95 Sullivan v Moody (2001) 207 CLR 562. The Court acknowledged that
finding a duty may ‘cut across other legal principles’: at 580 [53]; meaning
that it was ‘a question about [the] coherence of the law’: at 581 [55].
Australian Guide to Legal Citation 15
1.5 Quotations
General
Rules
1.5.1 General Rule
Rule Quotations may be used in the body of the text and in footnotes.
Short quotations (of three lines or less) should be incorporated into the
text using single quotation marks.
Long quotations (of four lines or more) should appear indented from
the left margin, in a smaller font size, and without quotation marks.
Legislative and treaty extracts, however long, may also appear this way.
Where a long quotation appears in a footnote, the citation to the source
should appear on the line directly preceding or following the quotation.
Quotations should appear exactly as they do in the original source,
subject to the following exceptions:
x full stops, hyphens, dashes and quotation marks should be
altered in accordance with rule 1.6;
x titles of sources that should be italicised according to the rules
in this Guide (eg case names, statute titles, treaty titles) should
be italicised (see rule 1.8.2); and
x the capitalisation of the first letter of the quotation should be
altered in accordance with rule 1.5.2.
Quotations may be further altered as follows:
x alterations and insertions other than those referred to above
should be indicated by square brackets (see rule 1.6.5); and
x omissions should be indicated by spaced ellipses (see
rule 1.5.3).
In short quotations, double quotation marks should be used for a
quotation within the quoted text, single quotation marks for a further
quotation inside that, and so forth.
In long quotations, single quotation marks should be used for a
quotation within the quoted text, double quotation marks for a further
quotation inside that, and so forth.
Quotation marks in original quoted text should be changed accordingly.
16 Part I — General Rules
Examples She observed that ‘the threshold for determining that an international
organisation has “effective control” over an operation ought to be
high’.96
…
The facts were stated as follows:
In 1998 the Remuneration Tribunal, under the Remuneration Tribunal Act
1973 (Cth), determined an annual postal allowance of $9,000 for MHRs …
In Brown v West the plaintiff … [the] shadow Attorney-General, brought
an action to challenge the decision of the Minister for Administrative
Services … to increase this entitlement … to $30,525.98 [Original: …
Remuneration Tribunal Act 1973 (Cth) … Brown v. West …]
…
The Court observed that ‘the [Commonwealth] Act was clearly within
power’.100 [Original: … the Act was clearly within power. …]
…
Whitlam assured European leaders that, while Australia agreed that ‘an
increase in the price of crude oil was justified, … [it] did not wish to
see a confrontation develop between cartels of producers and
consumers’.102 [Original: … we did not wish to see …]
…
The Judge stated:
Thus elaborating, the first question is whether ‘a financial benefit is given’
within the meaning of s 229 of the Corporations Act (in relation to the
prohibition on related party benefits without member approval). The second
question is whether the exception … in s 210 … is made out …104
__________
105 The claims are inferred from the rhetorical question:
[H]ow should we respond? Do we respond [to the problems in remote
communities] with more of what we have done in the past? Or do we
radically change direction with an intervention strategy matched to the
magnitude of the problem?
Commonwealth, Parliamentary Debates, House of Representatives,
7 August 2007, 10 (Malcolm Brough, Minister for Families, Community
Services and Indigenous Affairs and Minister Assisting the Prime Minister
for Indigenous Affairs).
Australian Guide to Legal Citation 17
General
Rules
Rule No special punctuation is required to introduce quotations, whether
short or long. The punctuation rules in 1.6 should be followed without
regard to whether a section of the text is a quotation. Thus, no
punctuation should be used where a sentence leads seamlessly into a
quotation (ie no colon is needed in ‘the judge stated that “[quotation]”’,
but a colon is needed in ‘the judge stated: “[quotation]”’).
The first letter of a quotation should be capitalised if the quotation starts
at the beginning of the sentence, or if the quotation is a full sentence
introduced by a colon. Otherwise, a quotation should start with a lower-
case letter. If the case of the letter must be altered from the original, this
should be indicated by square brackets.
Examples As the Privy Council commented: ‘it does not, in their Lordships’
opinion, assist to rationalise the defence … as concerned to protect
security of receipts and then to derive from that rationalisation a
limitation on the defence’.106 [Also: The Privy Council commented that
‘it does not, in … defence’.106]
…
The power that traffickers maintain over their victims is reinforced by
the fact that
the women may not speak English, they have no money or passport, and
may not even know where they are. This is compounded by the women’s
distrust of authorities and the fear — deliberately cultivated — that the law
enforcement agencies are involved with the traffickers …108
…
The court’s statement of the initial legal position provided the
framework in which the parties chose the outcome:
[T]he immediate question faced by the courts is not what shall be done by
whom but who has the legal right to do what. It is always possible to modify
by transaction on the legal market the initial legal delimitation of rights.109
…
In Re Bolton, Brennan J observed that ‘[m]any of our fundamental
freedoms are guaranteed by ancient principles of the common law’.111
18 Part I — General Rules
1.5.3 Ellipses
Examples In applying Sullivan, his Honour considered that the High Court had
emphasised … that foreseeability of harm to the fathers was not sufficient
to ground a duty of care. … Sullivan v Moody is not on all fours with the
present case because it involved a statutorily imposed duty …
Notwithstanding this difference, in my view Sullivan v Moody gives
guidance …112 [Not: … imposed duty … . Notwithstanding …]
…
In Australian Capital Television, McHugh J noted:
If the institutions of representative and responsible government are to
operate effectively … the business of government must be examinable and
the subject of scrutiny, debate and ultimate accountability at the ballot box.
The electors must be able to ascertain and examine the performances of
their elected representatives …114
General
should not be changed (except as required by rules 1.5.1–1.5.2).
Rules
All case names, statute titles, treaty titles and titles of sources that
should be italicised according to the rules in this Guide should also be
italicised where they appear in quotations (in accordance with
rule 1.8.2).
Examples The Court observed that ‘the [Commonwealth] Act was clearly within
power’.115 [Original: … the Act was clearly within power. …]
…
Additionally, in Tasmania, an as yet insufficiently tested provision in
the Anti-Discrimination Act 1998 (Tas) appears to enlarge the concept
and application of anti-vilification laws in relation to conduct which
‘offends, humiliates, … insults or ridicules’.117 [Original: … offends,
humiliates, intimidates, insults or ridicules …]
…
As Bunjevac has observed:
According to the International Organization of Securities Commissions,
this perception was significant in structured finance ratings because the
rating served as an independent information input about complex
transactions.119 [Not: … Organisation …]
1.5.5 [sic]
General
Rules
Rule Citations may be omitted from quotations, and words may be italicised
for emphasis. If a quotation is altered in this way, it should be indicated
in parentheses at the end of the citation (not within the text).
Always use ‘(emphasis added)’, not ‘emphases’, or ‘(citations
omitted)’, not ‘citation’, in the order set out in the table below.
Where more than one of these is applicable to the same source, this
should be indicated in separate sets of parentheses. ‘(emphasis added)’
should not be used when italicising source titles in text (see rule 1.8.2).
The parenthetical clauses should be included immediately following
the relevant pinpoint reference.
Parenthetical Meaning
Clause
(emphasis in The emphasis was in the original text and has not
original) been changed.
(emphasis altered) The emphasis in the original text has been changed
(ie emphasis has been both added and omitted).
(emphasis omitted) The emphasis in the original text has been omitted.
(citations omitted) The citations in the original text have been removed.
…
It may be that the client ‘lost the prospect of a favourable settlement’.130
__________
128 Yanner v Eaton (1999) 201 CLR 351, 372 [37] (Gleeson CJ, Gaudron,
Kirby and Hayne JJ) (emphasis in original) (citations omitted).
…
130 GE Dal Pont, Lawyers’ Professional Responsibility (Lawbook, 6th ed,
2017) 141 [4.175] (emphasis added) (citations omitted).
22 Part I — General Rules
1.6 Punctuation
Rule Full stops should only be used to mark the end of a sentence or footnote.
Full stops should not be used in abbreviations, after initials or after
heading numbers or letters. Full stops in document numbers should not
be altered and be cited as they appear on the source.
If a quotation or an element of a citation includes full stops in
abbreviations or after initials, the full stops should be omitted.
This should not be indicated in the quotation or the title, with an ellipsis,
square brackets, ‘[sic]’ or otherwise.
1.6.2 Commas
Rule Among other uses, commas should be used to separate items in a list of
more than two (including the last two items where necessary to avoid
ambiguity).
Commas should appear on both sides of a subordinate clause within a
sentence (or not at all). They should not be used only before, or only
after, a subordinate clause.
Examples It was a significant impact for solicitors, barristers and the judiciary.
…
Methods of transport included car, horse and cart, and hovercraft.
…
The effect of any equality guarantee would have been so far-reaching
that, even if currently out of favour, it cannot be ignored.
Australian Guide to Legal Citation 23
General
Rules
Rules An em-dash (—) may be used to indicate an interruption within a
sentence or in place of a colon. Em-dashes may also be used on both
sides of a parenthetical remark or apposition.
An en-dash (–) is half the length of an em-dash and may be used to
indicate a span between two numbers (see rules 1.1.7, 1.10.1 and
1.11.4). An en dash should be used in preference to a forward slash (/)
to mark a tension or disjunction between two concepts. However, a
forward slash may be used to separate alternatives.
A hyphen (-) is half the length of an en-dash and is used to connect the
parts of a compound word. Hyphenation should adhere to rule 1.9.1.
Other than hyphenation, quotations should be amended to adhere to this
rule (see rule 1.5.4).
Examples There was no clear ratio in the decision — indeed, with seven
judgments, this was to be expected. [em-dash]
…
Those who might have thought otherwise — presumably including
Judge McDonald in her dissent in 7DGLü — were in fact conflating two
fundamentally different types of liability.132 [em-dashes]
…
There was much discussion on pages 14–22 [en-dash] … tort–contract
dichotomy [en-dash] … a yes/no question [slash] … evidence-based
policymaking. [hyphen]
1.6.4 Parentheses
Example There can be no doubt of the importance of such a law. (That does not
mean, of course, that its comparative merits cannot be debated.)
[Not: … (That does not mean, of course, that its comparative merits
cannot be debated).]
24 Part I — General Rules
Example As Kirby J noted, ‘[t]he Minister did not appoint [Justice Mathews] as
a reporter until her consent was first signified’.133
1.7 Capitalisation
General
occur:
Rules
Act (or ‘Bill’) of Parliament Attorney-General
Bar (group of practising barristers) Bench (judiciary/where judges sit)
Cabinet Commonwealth
Crown Executive Council
Governor, Governor-General Her Majesty, the Queen
her/his Honour, their Honours Imperial
Law Lord/s Lords of Appeal in Ordinary
Member (of Parliament) Minister/s (of the Crown)
Ombudsman/s Parliament
Premier Prime Minister
Senator (Member of the Senate)
The following words should generally appear in lower case (except at
the beginning of a sentence, in a title or in a heading):
common law the executive
federal government
internet judiciary
legislature local government
parliamentary press (the media)
statute
The names of legal classifications should generally not be capitalised
(eg ‘administrative law’).
‘Court’ should be capitalised when used to refer to a specific court (such
as the High Court or the Court of Appeal). However, ‘a court’ and
‘the court’ when used in a general sense (absent reference to a specific
court) should not be capitalised.
‘State’ and ‘Territory’ should be capitalised (whether used as a noun or
an adjective) when referring to a specific state or territory. However,
when used generally they should not be capitalised.
1.8 Italicisation
Rule Words within the text may be italicised for emphasis. If words in a
quotation are italicised for emphasis, a parenthetical clause must be
inserted in the footnote to indicate this (in accordance with rule 1.5.7).
Rule All case names, statute titles, treaty titles and titles of other materials
that should be italicised according to the rules in this Guide should
appear in italics in the text and in discursive text in footnotes (regardless
of whether a full citation to the source is included).
Australian Guide to Legal Citation 27
General
Guide in quotations, regardless of how they appear in the source. This
Rules
need not be indicated by a parenthetical clause in the footnote.
Source titles in citations should be italicised in accordance with
rule 4.2.
Examples However, there is one key provision — s 39(1) — of the Charter that
is unique:
If, otherwise than because of this Charter, a person may seek any relief or
remedy … on the ground that the act or decision was unlawful, that person
may seek that relief or remedy on a ground of unlawfulness arising because
of this Charter. [Original: … Charter … Charter …]
__________
145 Ann Elizabeth Mayer, ‘Reflections on the Proposed United States
Reservations to CEDAW: Should the Constitution Be an Obstacle to
Human Rights?’ (1996) 23(3) Hastings Constitutional Law Quarterly 727.
Rule Foreign words and phrases should be italicised unless they appear in
the latest edition of the Macquarie Dictionary. They may still be
italicised for emphasis. Accordingly, the following examples of foreign
words and phrases should generally not be italicised:
ab initio ad hoc ad idem
amicus curiae bona fide caveat emptor
de facto de jure et al
ex gratia ex parte ex post facto
habeas corpus inter alia laissez-faire
non-refoulement non est factum obiter dictum
per se prima facie quid pro quo
raison d’être ratio decidendi res ipsa loquitur
sui generis terra nullius ultra vires
vice versa vis-a-vis
The following are examples of foreign words and phrases that should
generally be italicised:
contra proferentem ex ante jus ad bellum
lex fori ne bis in idem quantum meruit
stare decisis
28 Part I — General Rules
Rule Spelling should comply with the latest edition of the Macquarie
Dictionary. Where alternative spellings are given, the first-listed should
be used unless there is good reason to do otherwise.
Where a word is not included in the Macquarie Dictionary, the Oxford
English Dictionary should be used. This will generally mean that
British English spelling is preferred to American variants.
Hyphenation should comply with the latest edition of the Macquarie
Dictionary. If a compound expression does not appear in the Macquarie
Dictionary, it should be hyphenated (not spelt as one word).
General
Rules
1.10.1 Numbers
1.10.2 Currency
1.10.3 Units
General
Rules
1.11.1 Full Date
1.11.2 Time
Examples She was told that they would arrive on Wednesday 22 December 2012,
12am AEDT.
32 Part I — General Rules
Rule Spans of years should include the first year in full, an en-dash, and the
last two digits of the final year (eg ‘2001–08’). However, if the final
year occurs in a different century from the first, the final year should
appear in full (eg ‘1999–2010’).
Spans of dates in the same month should include both dates in full,
separated by an en-dash (eg ‘21–22 September’).
Spans of dates over different months and spans of full dates should be
separated by a spaced en-dash (eg ‘1 January – 29 February’).
Spans of time should be separated by a spaced en-dash and the time
should always be followed by ‘am’ or ‘pm’.
Where a date is included and both times are within the same day, the
date does not need to be repeated (eg ‘21 January 2016, 12am – 3pm’).
Where a span of dates (ie not the same date) is included with
the time, each date should be written in full (even if both dates
are within the same month) and be separated by a spaced en-dash
(eg ‘21 January, 12am – 23 January, 3pm’).
Australian Guide to Legal Citation 33
General
Rules
Spans of two points in time should be separated by an en-dash.
A time zone may be included at the end of the time/date span where it
is necessary to do so (ie to avoid ambiguity).
Rule Titles should be capitalised, centred and in bold type. The name(s) of
the author(s) should be in large and small capitals and centred.
Note Words in the title should be italicised in accordance with rule 1.8.2.
1.13 Bibliographies
General
Rules
Rule Where a bibliography is required, it should list all sources that were
relied upon (not only those referred to in the text and footnotes).
The bibliography may be divided into the sections below. However, a
section may be omitted and other categories or subdivisions may be
included as needed (with appropriate renumbering).
A Articles/Books/Reports
B Cases
C Legislation
D Treaties
E Other
All sources listed in the bibliography should be cited as set out in these
rules. However:
x an author’s first name and surname should be inverted and
separated by a comma — for works by two or more authors, only
the first author’s name and surname should be inverted; and
x full stops should not follow the citations.
Sources should be listed in alphabetical order according to:
x the surname of the first-listed author;
x where two sources have the same first-listed surname, the first
name of the first-listed author;
x where two sources have the same first-listed author, the first
name of the second-listed author (and then the surname and so
forth for each author thereafter, if more than one author is the
same). If there is no second author, list the work with only one
author first;
x where two sources have the exact same authors, the first word
of the title (excluding ‘the’). If the first word is the same, the
second word (and so on);
36 Part I — General Rules
Examples BIBLIOGRAPHY
A Articles/Books/Reports
Foster, Michelle, ‘The Implications of the Failed “Malaysia Solution”:
The Australian High Court and Refugee Responsibility Sharing at
International Law’ (2012) 13(1) Melbourne Journal of International
Law 395
Foster, Michelle, International Refugee Law and Socio-Economic
Rights: Refuge from Deprivation (Cambridge University Press, 2007)
Hathaway, James C, The Rights of Refugees under International Law
(Cambridge University Press, 2005)
Hathaway, James C and Audrey Macklin, ‘Should We Presume State
Protection?’ (2016) 32(3) Refuge 49
Hathaway, James C and Michelle Foster, The Law of Refugee Status
(Cambridge University Press, 2nd ed, 2014)
Hathaway, Oona A, Sabrina McElroy and Sara Aronchick Solow,
‘International Law at a Crossroads’ (2012) 7(1) Yale Journal of
International Affairs 54
Ramsay, Ian and Cameron Sim, ‘The Role and Use of Debt Agreements
in Australian Personal Insolvency Law’ (2011) 19(3) Insolvency Law
Journal 168
Ramsay, Ian M, ‘Corporate Theory and Corporate Law Reform in
Australia’ (1994) 1(2) Agenda: A Journal of Policy Analysis and
Reform 179
Ramsay, Ian M and Nicholas Lew, ‘Corporate Law Reform and
Delisting in Australia’ (2007) 2(2) Virginia Law & Business Review 265
Australian Guide to Legal Citation 37
B Cases
General
Rules
Lane v Morrison (2009) 239 CLR 230
Maritime Dispute (Peru v Chile) (Judgment) [2014] ICJ Rep 4
C Legislation
Access to Medicinal Cannabis Act 2016 (Vic)
Australian Constitution
D Treaties
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, opened for signature 10 December 1984,
1465 UNTS 85 (entered into force 26 June 1987)
E Other
New South Wales, Parliamentary Debates, Legislative Assembly, 15
December 1909
2 Cases
R v Tang (2008) 237 CLR 1 ,7
Examples
Bakker v Stewart [1980] VR 17 , 22
Cases
Law Report Starting
Element Case Name Year Volume Pinpoint
Series Page
Rule 2.1 2.2.1 2.2.2 2.2.4 2.2.5
Cases
of Queensland’).
‘The’ should be omitted from such names.
9
Examples JT International SA v Commonwealth (2012) 250 CLR 1. [Not: … The
Commonwealth of Australia …]
10 Unions NSW v New South Wales (2013) 252 CLR 530. [Not: State of New
South Wales …]
Rule Rex (‘the King’) and Regina (‘the Queen’) should be abbreviated to ‘R’
where the Crown is the first-named party. Where the Crown is the
respondent, ‘The King’ or ‘The Queen’ (as appropriate) should be
written in full.
11
Examples R v Reid [2007] 1 Qd R 64.
12 Honeysett v The Queen (2014) 253 CLR 122.
15 Papua and New Guinea v Guba (1973) 130 CLR 353, 369 (Barwick CJ).
[Not: Administration of the Territory of Papua and New Guinea …]
16 O’Donoghue v Ireland (2008) 234 CLR 599. [Not: … Republic of Ireland
(2008) …]
17 Zoeller v Federal Republic of Germany (1989) 23 FCR 282.
[Not: Zoeller v Germany (1989) … (To avoid ambiguity, as the country in
the title refers to the former West Germany.)]
21 Zhu v Treasurer (NSW) (2004) 218 CLR 530. [Not: Zhu v Treasurer of
New South Wales …]
22 Houssein v Under Secretary, Department of Industrial Relations and
Technology (NSW) [1980] 2 NSWLR 398.
Cases
Prosecutions
2.1.8 Re
Rule Procedural phrases such as ‘In re’ and ‘In the matter of ’ should be
shortened to ‘Re’.
25
Examples Re Judiciary and Navigation Acts (1921) 29 CLR 257. [Not: In re Judiciary
and Navigation Acts …]
26 Re Palmer; George v McIntyre (1902) 2 SR (NSW) 200.
Notes ‘Re’ means ‘in the matter of’ and is commonly used when a court acts
in an advisory or guardianship capacity, as it does in cases involving
the interpretation of wills or trusts. For example, if Re Smith were a
trusts case, Smith would be the testator or settlor.
44 Part II — Domestic Sources
2.1.9 Ex parte
Rule ‘Ex parte’ should not be abbreviated and ‘Ex’ should be capitalised.
‘parte’ should not be capitalised (see rule 1.7).
27
Examples Re McBain; Ex parte Australian Catholic Bishops Conference (2002) 209
CLR 372.
28 J Boag & Son Brewing Ltd v Cascade Brewery Co Pty Ltd; Ex parte Banks
Paton Australia Pty Ltd (1997) 7 Tas R 119.
29 R v Kirby; Ex parte Boilermakers’ Society of Australia (1956) 94 CLR 254.
Note ‘Ex parte’ indicates that the party to an action is acting in the
absence of the other party. For example, Ex parte Wilson indicates
that Wilson brought the action. Extended case names such as
Ex parte Wilson; Re Ho can occur where, for example, Wilson brings
an action concerning the rights of Zhang (a third party) under Ho’s will.
Case names such as R v Chan; Ex parte Owen can refer to applications
for prerogative writs (administrative law remedies) and contempt
proceedings. In the case of a prerogative writ, the above citation would
mean that Owen has made an application for a prerogative writ against
Chan.
2.1.10 ex rel
Rule When citing a relator action, the first-named relator should always be
included and should be introduced by the abbreviation ‘ex rel’.
30
Example A-G (Vic) ex rel Dale v Commonwealth (1945) 71 CLR 237. [Not: A-G
(Vic) (at the relation of Dale and Others) …]
Note The abbreviation ‘ex rel’ stands for ‘ex relatione’, which means
‘upon the relation or information of’.
Australian Guide to Legal Citation 45
Cases
reporter did not personally witness the proceedings but obtained an
account second-hand.
2.1.11 v
Rule A ‘v’ should generally separate the parties’ names. In family law
cases, ‘v’ should replace ‘&’ to separate the parties. ‘v’ should not be
followed by a full stop and should be italicised.
31
Example K-Generation Pty Ltd v Liquor Licensing Court (2007) 99 SASR 58.
32 Lam v Zeng [2017] FamCA 951. [Not: Lam & Zeng [2017] FamCA 951.]
Note In speech, the ‘v’ between the parties’ names is rendered ‘and’ in a civil
action and ‘against’ in a criminal action both in Australia and the United
Kingdom. It is not pronounced ‘versus’ as it is in the United States of
America.
Rule For admiralty cases in rem (proprietary cases brought against the ship
itself in which the ship is named as the respondent), only the name of
the vessel in question should appear as the case name.
For admiralty cases in personam (actions between private parties that
relate to a ship), the parties’ names (separated by ‘v’) should appear as
the case name. The name of the vessel at issue may appear in
parentheses as a short title after the year and report details.
‘The’ should be included in names of vessels.
33
Examples The Maria Luisa [No 2] (2003) 130 FCR 12. [Not: Kent v Vessel ‘Maria
Luisa’ [No 2] …]
34 Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd [2003]
QB 679 (‘The Great Peace’).
46 Part II — Domestic Sources
Rule For multiple proceedings under the same name, the number of the
decision should be indicated in square brackets if the number appears
in the case name itself.
Where there are multiple proceedings under the same name, but the
case names do not (all) include numbers, it may be appropriate to give
the cases descriptive short titles to differentiate them (see rule 2.1.14).
Examples The litigation commenced by Mrs Cubillo went through many stages.35
__________
35 Cubillo v Commonwealth (1999) 89 FCR 528 (‘Cubillo Strike-Out
Application’); Cubillo v Commonwealth [No 2] (2000) 103 FCR 1
(‘Cubillo Trial’); Cubillo v Commonwealth (2001) 112 FCR 455 (‘Cubillo
Appeal’).
…
37
Bahr v Nicolay [No 2] (1988) 164 CLR 604.
38 Wentworth v Rogers [No 5] (1986) 6 NSWLR 534.
39 Kuwait Airlines Corporation v Iraqi Airways Co [Nos 4 and 5] [2002] 2
AC 883.
If a short title was previously only provided in the footnotes, the short
title should also be provided in the text when it is first used in the text
(in accordance with rule 1.4.4).
For cases, the short title should generally be:
x the popular case name (eg ‘Tasmanian Dam Case’);
Cases
x the first-named party (excluding indicators of corporate status if
appropriate, see rule 2.1.1);
x the second-named party when the first-named party is the
Crown; or
x the name of the ship in an admiralty case.
Examples Several Justices on the Court have shown an extreme aversion to ‘[t]op-
down reasoning’.40 This aversion has emerged in several different
contexts.
…
Those arguing for judicial acknowledgment of restitution for unjust
enrichment have not been immune to this criticism.42
…
The external affairs power has been interpreted widely in
Commonwealth v Tasmania (‘Tasmanian Dam Case’).44
__________
40 See, eg, McGinty v Western Australia (1996) 186 CLR 140, 232
(McHugh J) (‘McGinty’). See also Roxborough v Rothmans of Pall Mall
Australia Ltd (2001) 208 CLR 516, 544–5 (Gummow J) (‘Roxborough’).
…
42 See Roxborough (n 40) 544–5 (Gummow J), 579 (Kirby J). Gummow J
relied upon the comments of McHugh J in McGinty (n 40) 232.
…
44 (1983) 158 CLR 1 (‘Tasmanian Dam Case’). See also Victoria v
Commonwealth (1996) 187 CLR 416 (‘Industrial Relations Act Case’).
…
46 Tasmanian Dam Case (n 44) 109 (Gibbs CJ).
Rule The case name should be omitted in a footnote citation if the case name
appears in full in the sentence accompanying the footnote.
If the footnote is a subsequent reference (see rule 1.4.1), then the case
name should always appear in the footnote (this may be the short title
of the case).
Examples In Thomas v Mowbray,47 the control order regime established under the
schedule to the Criminal Code Act 1995 (Cth) survived a constitutional
challenge.
…
The external affairs power was discussed in Commonwealth v Tasmania
(‘Tasmanian Dam Case’).49
…
The focus for Deane J in Tasmanian Dam Case was ‘reasonable
proportionality’.51
…
In Al-Kateb v Godwin (‘Al-Kateb’), several High Court Justices
discussed the role of international law in Australian constitutional
interpretation.53
…
The importance of this was highlighted by Kirby J in Al-Kateb.55
__________
47 (2007) 233 CLR 307.
…
49 (1983) 158 CLR 1 (‘Tasmanian Dam Case’).
…
51 Tasmanian Dam Case (n 49) 260.
…
53 (2004) 219 CLR 562 (‘Al-Kateb’).
…
55 Al-Kateb (n 53) 622 [167]–[168].
Australian Guide to Legal Citation 49
Rule Volumes of law report series are organised either by year or by volume
Cases
number.
Where the volumes of a law report series are organised by volume
number, the year in which the decision was handed down (often, but
not necessarily, the year in which the case was reported) should appear
in parentheses ‘( )’.
Where the volumes of a law report series are organised by year, the year
of the volume in which the case is reported should appear in square
brackets ‘[ ]’. If more than one volume is produced in a single year, the
volume number should be included between the year and the report
series abbreviation.
56
Examples R v Lester (2008) 190 A Crim R 468.
57 Sent v Andrews (2002) 6 VR 317. [Not: … (2002–03) 6 VR 317]
58 King v King [1974] Qd R 253.
59 Rowe v McCartney [1976] 2 NSWLR 72.
Notes On occasion, a law report series may change from being organised by
year to volume number or vice versa. The system used for the volume
in which the relevant case appears should be used.
Where a volume of a law report series organised by year contains
decisions that were handed down before the year of that volume, the
year of the volume (not that of the decision) should nevertheless be
included. The discrepancy between the year of the volume and the year
of the decision may be explained discursively if it is considered
important or useful.
50 Part II — Domestic Sources
Rule The authorised version of the report should always be used where
available.
The version of a case to be cited should follow the preference order
below (from top to bottom):
Version Examples
If the only report of a case is a partial report and the relevant part is not
extracted, the case should be cited as unreported (in accordance with
rule 2.3).
60
Examples Vo v The Queen (2013) 33 NTLR 65. [Not: … [2013] NTCCA 4.]
61 Plaintiff M68/2015 v Minister for Immigration and Border Protection
(2016) 257 CLR 42. [Not: … (2016) 327 ALR 369.]
62 Mar Mina (SA) Pty Ltd v City of Marion (2008) 163 LGERA 24.
63 Qantas Airways Ltd v Edwards (2016) 338 ALR 134. [Not: … (2016) 119
IPR 271.]
64 Tobacco Control Coalition Inc v Philip Morris (Australia) Ltd [2000] FCA
1004, [69], [74] (Wilcox J). [Not: … [2000] ATPR (Digest) ¶46-205.]
[Note: The relevant pinpoints are not contained in the reported version.]
Note Authorised reports usually indicate that they are the ‘authorised reports’
of the court in the opening pages of each volume. Judgments
reproduced therein have been approved by a judge or their associate.
Australian Guide to Legal Citation 51
Rule The name of the report series should be abbreviated in accordance with
the abbreviations contained in appendix A of this Guide. The name of
the report series should not appear in italics.
The following are the most commonly cited Australian authorised (or
Cases
preferred) report series:
Court/Jurisdiction Report Series Years
High Court of Australia CLR 1903–
Federal Court of Australia FCR 1984–
Australian Capital Territory ACTR (in ALR) 1973–2008
ACTLR 2007–
New South Wales SR (NSW) 1901–59
NSWR 1960–70
NSWLR 1971–
Northern Territory NTR (in ALR) 1979–91
NTLR 1990–
Queensland St R Qd 1902–57
Qd R 1958–
South Australia SALR 1899–1920
SASR 1921–
Tasmania Tas LR 1904–40
Tas SR 1941–78
Tas R 1979–
Victoria VLR 1875–1956
VR 1957–
Western Australia WALR 1898–1958
WAR 1958–
Rule The first page of the case should appear after the abbreviated form of
the report series. If the case is identified by a unique reference rather
than a starting page, that reference (including accompanying symbols)
should be used instead of a starting page number.
66
Examples Theophanous v Herald & Weekly Times Ltd (1994) 182 CLR 104.
67 Borg v Commissioner, Department of Corrective Services [2002] EOC
¶93-198.
68 Overlook v Foxtel [2002] Aust Contract Reports ¶90-143, 91970, 91972
(Barrett J).
Note CCH report series often use a unique reference instead of a starting
page.
Examples The Court stated that at trial ‘the appellants had not proved that they
had suffered any loss or damage’.69 On appeal, it was pointed out that
the appellants may have suffered loss ‘if the outgoings for which they
were liable included sums of a kind which had not been taken into
account in forming the estimate they were given’.70 This was so even
though the appellants may have received value for their payments.71 Yet
Cases
the case had been dismissed at first instance.72
__________
69 Murphy v Overton Investments Pty Ltd (2004) 216 CLR 388, 402 [29].
70 Ibid 404 [32].
71 Ibid. [Not: Ibid 404 [32].]
72
Ibid 404 [33].
73 Re Mackenzie Grant & Co (1899) 1 WALR 116, 116.
74 De L v Director-General, Department of Community Services (NSW)
[No 2] (1997) 190 CLR 207, 211, 221–2.
75 Garry Rogers Motors (Aust) Pty Ltd v Subaru (Aust) Pty Ltd [1999] ATPR
¶41-703, 43014.
76 Total Ice Pty Ltd v Maroochy Shire Council [2009] 1 Qd R 82, 89–92
[18]–[19], 93 [24] (Fraser JA).
Rule Generally, the name of the court should not be included in a citation to
a reported case. However, where it is important to identify the court and
the court is not otherwise apparent (for instance, from the report series
or the body of the text), the name of the court may be included in
parentheses, following any pinpoint references and parenthetical
clauses (but should appear before a short title).
The jurisdiction of the court should not be indicated where it is
otherwise apparent (as is the case for authorised state law reports).
77
Examples Aldrick v EM Investments (Qld) Pty Ltd [2000] 2 Qd R 346 (Court of
Appeal). [Not: … Qd R 346 (Queensland Court of Appeal).]
78 Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd
(2001) 188 ALR 493, 498 (emphasis added) (Queensland Court of Appeal).
79 A-G (Cth) v The Queen (1957) 95 CLR 529, 533 (Viscount Simonds for the
Court) (Privy Council) (‘Boilermakers’ Case (Privy Council)’).
54 Part II — Domestic Sources
Note Parallel citations are used in citations to the United Kingdom Nominate
Reports (see rule 24.1.3) and early Supreme Court of the United States
decisions (see rule 25.1.3).
Quarmby v
Example [2009] TASCC 80 , [11]
Keating
Unique Court Judgment
Element Case Name Year Pinpoint
Identifier Number
Cases
Federal Court of Australia — Full Court FCA 1999–2001
FCAFC 2002–
Family Court of Australia FamCA 1998–
Family Court of Australia — Full Court FamCA 1998–2007
FamCAFC 2008–
Supreme Court of the Australian Capital ACTSC 1998–
Territory (including Full Court)
Australian Capital Territory Court of Appeal ACTCA 2002–
Supreme Court of New South Wales NSWSC 1999–
New South Wales Court of Appeal NSWCA 1999–
New South Wales Court of Criminal Appeal NSWCCA 1999–
Supreme Court of the Northern Territory NTSC 1999–
(including Full Court)
Northern Territory Court of Appeal NTCA 2000–
Northern Territory Court of Criminal Appeal NTCCA 2000–
Supreme Court of Queensland QSC 1998–
Queensland Court of Appeal QCA 1998–
Supreme Court of South Australia (including SASC 1999–
Full Court until end of 2009)
Supreme Court of South Australia — Full SASCFC 2010–
Court
Supreme Court of Tasmania (including Full TASSC 1999–
Court until end of 2009)
Tasmanian Court of Criminal Appeal TASCCA 2010–
Supreme Court of Tasmania — Full Court TASFC 2010–
Supreme Court of Victoria VSC 1998–
Victorian Court of Appeal VSCA 1998–
Supreme Court of Western Australia WASC 1999–
Western Australian Court of Appeal WASCA 1999–
(including Full Court until end 2004)
81
Examples Hooper v Australian Electoral Commission [2015] HCASL 247.
82 Re Culleton [No 2] [2017] HCA 4, [57] (Nettle J).
83 R v De Gruchy [2006] VSCA 10, [4]–[5] (Vincent JA).
Note In accordance with rule 2.2.2, a case should generally not be cited as
unreported if it has been reported.
Although some online databases are allocating medium neutral
designations retrospectively, such designations have not been used in
past citations of unreported cases. To avoid confusion and to
unambiguously identify decisions, medium neutral citations should not
be used to cite decisions prior to the years listed on the preceding page.
Note In accordance with rule 2.2.2, a case should generally not be cited as
unreported if it has been reported.
Australian Guide to Legal Citation 57
2.3.3 Proceedings
Cases
Rule A proceeding, which may not have any judgments or any orders issued
at the time of citation, may be cited as follow:
Case Name ( Court , Proceeding Number ,
commenced Full Date ).
This rule may also be used for cases that have been discontinued before
a judgment or an order has been issued. The case name should be cited
in accordance with rule 2.1.
The proceeding number is the number assigned by the court to the
matter and should appear without spaces.
85
Examples Australian Competition and Consumer Commission v Olex Australia Pty
Ltd (Federal Court of Australia, VID725/2014, commenced 3 December
2014).
86 Automotive Food Metals Engineering Printing and Kindred Industries
Union v Beynon (Federal Court of Australia, VID466/2010, commenced 15
June 2010).
87 Deputy Commissioner of Taxation v ACN 169418697 Pty Ltd (Federal
Court of Australia, VID41/2018, commenced 19 January 2018).
Rule An order of the court that is not contained within a judgment may be
cited as follows:
Order of Judicial Officer(s) in Case Name ( Court ,
Proceeding Number , Full Date of Court Order ).
The case name should be cited in accordance with rule 2.1.
A proceeding number should only be included if it appears on the court
order.
58 Part II — Domestic Sources
The names of all of the judicial officers issuing the order should be
included in accordance with rule 2.4.1.
Where the order is contained within a judgment, the judgment should
be cited in preference to the court order.
88
Examples Order of Burley J in Seiko Epson Corporation v Calidad Pty Ltd (Federal
Court of Australia, NSD1519/2004, 21 December 2016).
89 Order of Murphy J in Duffy v Darmanin (Federal Court of Australia,
VID1218/2017, 10 November 2017).
90 Order of Kenny J in Duffy v Darmanin (Federal Court of Australia,
VID1218/2017, 17 November 2017).
Rule When using pinpoints, the judicial officer(s) whose judgment is being
cited should generally be identified in parentheses after a pinpoint
reference. This is not necessary where their identity is otherwise
apparent. ‘Per’ should not be used.
Honorifics (such as ‘the Hon’) should not be included when citing a
judicial officer writing curially. Where a judicial officer’s first name or
initials appear on a case and are necessary to unambiguously identify
the judge, they should be included.
When identifying a judicial officer, their judicial office at the time of
the decision should be used. The phrase ‘as he/she then was’ should not
be included.
The abbreviations on the following page of judicial offices in Australia
should appear after judicial officers’ names in the text and in citations
(including where the name appears at the start of a sentence). However,
those titles marked with an asterisk (*) should always appear in full
before judicial officers’ names.
For abbreviations of judicial offices in the United Kingdom see
rule 24.1.6.
For identifying judicial officers writing extra-curially, see rule 4.1.5.
Australian Guide to Legal Citation 59
Cases
Acting Justices AJJ
Acting President AP
Associate Justice AsJ
Auxiliary Judge AUJ
Chief Judge Administrator CJA
Chief Judge at Common Law CJ at CL
Chief Judge in Equity CJ in Eq
Chief Judge of the Commercial Division CJ Comm D
Chief Justice CJ
Commissioner Commissioner*
Deputy Chief Justice/District Court Judge DCJ
Federal Magistrate FM
Judge Judge*
Judicial Registrar JR
Justice of Appeal JA
Justices of Appeal JJA
Justice J
Justices JJ
Magistrate Magistrate*
Master Master*
President P
Senior Judge Administrator SJA
Senior Judge SJ
Senior Judges SJJ
Senior Puisne Judge SPJ
Vice-President V-P
91
Examples Kartinyeri v Commonwealth (1998) 195 CLR 337, 383, 385–6 (Gummow
and Hayne JJ), 386 (Kirby J).
92 R v Merritt (2004) 59 NSWLR 557, 567 [35]–[38] (Wood CJ at CL).
93 Ottobrino v Espinoza (1995) 14 WAR 373, 377 (Commissioner Buss).
60 Part II — Domestic Sources
Note A judicial officer may not need to be identified if, for example:
x they are identified within the text; or
x the pinpoint is an ibid citation below a full reference to the same
judicial officer; or
x they are a single trial judge in an unreported case (since their
name will be apparent from the citation).
However, the name of the judicial officer should be included where
there is more than one judgment located at the pinpoint.
Rule Where a judicial officer indicates that they are in agreement with
another judgment (either partially or entirely), their agreement may be
indicated within the parentheses identifying the original judicial officer
with whom they are agreeing with.
A pinpoint may also be included in the parentheses (using ‘at’ to
pinpoint to their agreement) if it is delivered as a separate judgment.
Where there are multiple judgments in agreement, each judicial officer
should be identified separately (see rule 2.4.5) followed by the pinpoint.
Where it is important to do so, a dissent may also be indicated in the
same manner.
96
Examples Guinea Airways Ltd v Federal Commissioner of Taxation (1950) 83 CLR
584, 592–2 (Kitto J, Webb J agreeing at 591).
97 Vakauta v Kelly (1989) 167 CLR 568, 589 (Toohey J, Brennan, Deane and
Gaudron JJ agreeing at 570).
98 Grassby v The Queen (1989) 168 CLR 1, 22 (Dawson J, Mason J
agreeing at 4, Brennan J agreeing at 4). [Not: … (Dawson J, Mason and
Brennan JJ at 4, 4).]
99 D’Arcy v Myriad Genetics Inc (2015) 258 CLR 334, 373 [96] (French CJ,
Kiefel, Bell and Keane JJ, Gageler and Nettle JJ agreeing at 397 [172],
Gordon J agreeing at 419 [285]).
Australian Guide to Legal Citation 61
Rule Where a judicial officer delivers a judgment ‘of the Court’, this should
be indicated with ‘for the Court’ after the judicial officer’s name.
Where a judicial officer delivers a judgment ‘for’ other judicial
officer(s) (including themselves), this should be indicated with ‘for’,
Cases
followed by the names of the judicial officers on whose behalf the
judgment is being delivered.
The name of the judicial officer who delivers the judgment should be
included in the list of judges’ names after ‘for’.
This rule should not be used where the other judicial officer(s) issue
separate concurring judgments (see rule 2.4.2).
100
Examples Ewart v Fox [1954] VLR 699, 705 (Hudson AJ for the Court).
101 Taylor v McQueen [1954] VLR 661, 666 (Hudson J for Gavan Duffy and
Hudson JJ).
Rule When citing a statement made during argument, the words ‘during
argument’ should be included in separate parentheses after the judicial
officer’s or counsel’s name. ‘Arguendo’ should not be used.
When referring to statements by counsel during argument, their initials
(if included in the report) and any designation, such as Queen’s Counsel
(‘QC’), King’s Counsel (‘KC’) or Senior Counsel (‘SC’) should be
included.
102
Examples Stephens v Abrahams [No 2] (1903) 29 VLR 229, 239 (Williams J) (during
argument), 242–3 (Isaacs KC) (during argument).
103 Combet v Commonwealth (2005) 224 CLR 494, 497 (SJ Gageler SC)
(during argument).
62 Part II — Domestic Sources
Rule When referring to two or more judicial officers, the plural form of the
abbreviation/title in table in rule 2.4.1 should be used. For example,
when referring to two for more justices in text, ‘JJ’ should appear after
the final justice’s name where each of the justices referred to shared a
joint judgment.
Where there is no plural form, the singular form of the abbreviation/title
in the table in rule 2.4.1 should be used for each judicial officer listed.
When two or more judicial officers did not share a joint judgment, the
singular form of the abbreviation/title in the table in rule 2.4.1 should
be used. For example, when two or more justices who did not share a
joint judgment are referred to in the text, ‘J’ should appear after each
justice’s name, even where those justices are otherwise in agreement.
Examples The plurality, consisting of Gummow, Hayne and Kiefel JJ, was in
little doubt that the standard of care extended to employers.104
[Not: … consisting of Gummow J, Hayne J and Kiefel J, was in …]
…
Heydon J, Kirby J and Crennan J were of the same view in each of their
judgments.106 [Not: Heydon, Kirby and Crennan JJ were of …]
Rule The subsequent history of a case may be indicated after a citation to the
case by including the abbreviations ‘affd’ for ‘affirmed’ or ‘revd’ for
‘reversed’, preceded by a comma and followed by the citation to the
subsequent decision.
If the case name remains the same or the parties’ names are merely
reversed, the name of the subsequent decision should be omitted.
107
Examples King v Philcox (2014) 119 SASR 71, revd (2015) 255 CLR 304.
108 Harkins v Butcher (2002) 55 NSWLR 558, affd Butcher v Lachlan Elder
Realty Pty Ltd (2004) 218 CLR 592.
Australian Guide to Legal Citation 63
Cases
tribunals) should generally be cited in the same way as reported and
unreported cases, except:
x often ‘and’ is used to separate party names, rather than ‘v’ —
this should appear as it does in the decision itself;
x the title of the decision may be a number or code, rather than
party names;
x tribunal members may be referred to by a title other than ‘Mr’
or ‘Ms’ (such as ‘Dr’, ‘Prof’, etc);
x the titles ‘Member’, ‘Deputy Member’ and ‘Senior Member’ (in
addition to those in rule 2.4.1, which should be used for judicial
officers sitting in tribunals) are often used for administrative
decision-makers and should appear before the name of the
decision-maker (if they have no other title); and
x the initials or first names of tribunal members should be omitted,
unless they are necessary to avoid ambiguity and should be cited
in accordance with rule 4.1.1.
__________
109 AAT Case 7422 (1991) 22 ATR 3450, 3456 [28].
110 Re Pochi and Minister for Immigration and Ethnic Affairs (1979) 26 ALR
247.
111 Application by AAPT Ltd [No 2] [2009] ACompT 6, [6.1]–[6.5]
(Finkelstein J, Member Davey and Prof Round).
64 Part II — Domestic Sources
2.6.2 Arbitration
Cases
Transcript of Proceedings, Case Name ( Court ,
Proceeding Number , Judicial Officer(s) ,
Full Date of Proceedings ) Pinpoint .
A proceeding number should be included only if it appears on the
transcript. The names of all judicial officers hearing the matter should
be included after the proceeding number.
Pinpoint references should be to page numbers or line numbers (where
line numbering is continuous across a transcript). If a pinpoint is
included, a speaker’s name may be included after it (in accordance with
rule 2.4) but ‘(during argument)’ should not be included.
116
Examples Transcript of Proceedings, North East Solution Pty Ltd v Masters Home
Improvement Australia Pty Ltd (Supreme Court of Victoria, Croft J, 18
May 2015) 31 (PJ Bick QC).
117 Transcript of Proceedings, Celano v Swan (County Court of Victoria,
09/0867, Judge Lacava, 27 August 2009) 11 (SM Petrovich).
118
Examples Transcript of Proceedings, Ruhani v Director of Police [2005] HCATrans
205.
119 Transcript of Proceedings, Mulholland v Australian Electoral Commission
[2004] HCATrans 8, 2499–517 (Callinan J and JBR Beach QC), 2589–93
(McHugh J).
Note High Court transcripts contain ‘HCATrans’ numbers from July 2003.
3 Legislative Materials
Legislative
Materials
3.1.1 Title
Rule A citation to an Australian Act of Parliament should begin with the short
title of the Act in italics. The long title of the Act should be used only
if the Act does not contain a short title.
Titles should appear as they do in the statute book, subject to chapter 1.
In particular:
x punctuation should adhere to rule 1.6 (so full stops should not
be used in abbreviations); and
x capitalisation should adhere to rule 1.7.
Where multiple Acts have the same title but contain different numbers
in their short titles given by Parliament (eg ‘(No 1)’ and ‘(No 2)’), the
number should be included and appear in parentheses.
1
Examples Evidence Act 1995 (NSW). [Not: An Act about the law of evidence, and for
related purposes (NSW)]
2 Social Welfare Ordinance 1964 (NT).
3 Financial Framework Legislation Amendment Act (No 2) 2012 (Cth).
4 Financial Framework Legislation Amendment Act (No 3) 2012 (Cth).
5 A New Tax System (Family Assistance) (Consequential Related Measures)
Act (No 1) 1999 (Cth).
Note Statutes of the Australian Capital Territory and the Northern Territory
were previously referred to as ordinances. However, these ordinances
became known as Acts after the ACT (in 1988) and the NT (in 1978)
attained self-government.
68 Part II — Domestic Sources
3.1.2 Year
Rule The year in which the Act was originally passed should appear in italics
following the title. The year should be included whether or not the Act
includes it in the official short title.
6
Example Meteorites Act 1973 (Tas). [Not: Meteorites Act 1973 (Tas).]
3.1.3 Jurisdiction
Rule An abbreviated form of the jurisdiction in which the Act was passed
should appear in parentheses following the year. The jurisdiction should
not be italicised.
The following abbreviations should be used for Australian
jurisdictions:
Jurisdiction Abbreviation
Commonwealth Cth
Australian Capital Territory ACT
New South Wales NSW
Northern Territory NT
Queensland Qld
South Australia SA
Tasmania Tas
Victoria Vic
Western Australia WA
7
Examples Misrepresentation Act 1972 (SA).
8 Charter of Human Rights and Responsibilities Act 2006 (Vic).
Australian Guide to Legal Citation 69
Legislative
Article art Articles arts
Materials
Chapter ch Chapters chs
Clause cl Clauses cls
Division div Divisions divs
Paragraph para Paragraphs paras
Part pt Parts pts
Schedule sch Schedules schs
Section s Sections ss
Sub-clause sub-cl Sub-clauses sub-cls
Subdivision sub-div Subdivisions sub-divs
Sub-paragraph sub-para Sub-paragraphs sub-paras
Subsection sub-s Subsections sub-ss
Actions under Trade Practices Act 1974 (Cth) pt VA have been rare.
…
She drew attention to sub-s (1).9 Subsection (1) provides that ‘a
registered trade mark is personal property’. The judge referred to s 8(3)
in argument.10 [Not: … sub-s 8(3) …]
__________
11 Aboriginal and Torres Strait Islander Act 2005 (Cth) pt 3A div 2.
12 Civil Liability Act 2003 (Qld) ch 2 pt 1 div 4.
13 Crimes at Sea Act 1999 (Vic) sch 1 cl 2.
14
Aboriginal Land Rights (Northern Territory) Amendment Act 2006 (Cth)
sch 1 item 46.
15 Income Tax Assessment Act 1997 (Cth) s 20-110(1)(a).
16 Gambling Regulation Act 2003 (Vic) s 3.2.1.
17 Succession Act 2006 (NSW) pt 2.3.
Note The most specific pinpoint that is appropriate should be included. Thus
‘pt 3 div 7’ is appropriate when speaking generally of that division, but
‘s 58’ is appropriate where dealing with an individual section. Because
section numbering is usually continuous throughout an Act, it is
unnecessary to indicate chapters, parts, divisions, etc, when citing a
section.
Some taxation statutes contain sections in the form of a division
number immediately followed by a hyphen and a section number
(eg ‘s 26-52(6)(c)’). A hyphen (not an en-dash) should be used in such
pinpoints.
Australian Guide to Legal Citation 71
In some court rules (eg the Supreme Court (General Civil Procedure)
Rules 2005 (Vic) and the High Court Rules 2004 (Cth)) the numbering
of the rules is continuous and includes the order number. In such cases,
only a (decimal) rule number need be given as a pinpoint (eg ‘r 8.01’).
Order numbers are not needed except when referring to an order in its
entirety (eg ‘ord 8’).
In other rules (eg the Federal Court Rules 1979 (Cth)) both the order
and the specific rule within the order (if the latter is cited) must be
included (eg ‘ord 9 r 4’). In lists of these orders and rules, it may be
Legislative
Materials
necessary to repeat the relevant abbreviations to unambiguously
identify the pinpoints cited.
3.1.6 Definitions
28 Greenhouse Gas Storage Act 2009 (Qld) sch 2 (definition of ‘GHG well’
para (1)). [Not: … (definition of ‘GHG well’, para (1)).]
Legislative
Materials
Rule A short title may be given to a portion of an Act, piece of delegated
legislation or Bill (in accordance with rule 1.4.4). The short title should
be placed after the pinpoint to the relevant portion (see rule 3.5) and
should be italicised.
In accordance with rule 1.4.4, only one short title should be introduced
in a single citation.
Pinpoints following the short title in subsequent references refer to
sections, items, etc, within that portion of an Act. For example, if the
citation ‘Trade Practices Act 1974 (Cth) sch pt 1 (‘Competition Code’)’
is included, a subsequent reference to ‘Competition Code s 45’ is a
reference to the s 45 within the Competition Code — that is, within
sch pt 1 of the Trade Practices Act 1974 (Cth).
For short titles for legislative materials, see rule 3.5.
29
Examples Criminal Code Act 1995 (Cth) sch 1 (‘Criminal Code’).
30 Competition and Consumer Act 2010 (Cth) sch 2 (‘Australian Consumer
Law’).
31 Criminal Code (n 66) s 80.2(5).
32 Australian Consumer Law (n 67) s 3.
Note To avoid ambiguity, short titles for portions of legislation should clearly
refer to that portion of the legislation, rather than the legislation as a
whole. For example, an appropriate short title for the Australian
Consumer Law contained in sch 2 of the Competition and Consumer
Act 2010 (Cth) would be ‘Australian Consumer Law’ or ‘ACL’, rather
than ‘Competition and Consumer Act’ or ‘Consumer Act’, which could
be confused with the Act as a whole.
74 Part II — Domestic Sources
3.2 Bills
Rule Bills should be cited in the same manner as Acts, except that the title
and year of the Bill should not be italicised. ‘Clause’ and ‘sub-clause’
are typically the appropriate pinpoint designations.
As with Acts (see rule 3.1.1), where there are multiple Bills under the
same name, the number of the Bill is to be indicated in parentheses
(if it is included in the short title).
33
Examples Corporations Amendment (Crowd-Sourced Funding) Bill 2015 (Cth).
34 Carbon Pollution Reduction Scheme Bill 2009 (Cth) cl 83.
35 Migration Amendment (Immigration Detention Reform) Bill 2009 (Cth)
sch 1 item 9.
36 Law and Justice Amendment Bill (No 2) 1995 (Cth).
Rule Delegated legislation (eg regulations, rules and orders) should be cited
in the same manner as primary legislation (see rule 3.1).
The abbreviations in rule 3.1.4 as well as the following additional
abbreviations should be used to refer to pinpoints of delegated
legislation:
Designation Abbreviation Plural Abbreviation
Legislative
Materials
Order ord Orders ords
Regulation reg Regulations regs
Rule r Rules rr
Sub-regulation sub-reg Sub-regulations sub-regs
Sub-rule sub-r Sub-rules sub-rr
39
Examples Heritage Regulation 2006 (ACT) reg 5(1).
40 Uniform Civil Procedure Rules 2005 (NSW) r 6.2(1), (3A)(a)–(b).
41 Federal Court Rules 1979 (Cth) ords 3, 5–6, 7 r 4A.
42
Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 3.01.
43 Migration Regulations 1994 (Cth) regs 2.01–2.02.
44 High Court Rules 2004 (Cth) r 42.02.2.
Rule A shortened title for an Act, piece of delegated legislation or Bill may
be provided and used in subsequent references in accordance with
rule 1.4.1. ‘Ibid’ should be used for all materials in this chapter in
accordance with rule 1.4.3.
The short title should adhere to rule 1.4.4 (ie should be italicised in
accordance with the rules of this Guide and placed within single
inverted commas and parentheses following the initial citation). In
footnotes, it should appear after any pinpoints or parenthetical clauses.
The name of the legislative material should generally be provided in
full when it is first referred to in the text (in accordance with rule 1.4.4).
76 Part II — Domestic Sources
Examples This is covered by the Property Law Act 1958 (Vic) (‘Property Act’).45
__________
45 Property Law Act 1958 (Vic) s 6 (‘Property Act’). [Not: Property Act s 6]
46
Administrative Decisions (Judicial Review) Act 1977 (Cth) (‘ADJR Act’).
47 Ibid s 6; Migration Act 1958 (Cth) ss 198, 198AB (‘Migration Act’).
48 ADJR Act (n 46) s 7. [Not: ADJR Act s 7.]
49
Examples Australian Constitution s 51(ii).
50 Australian Capital Territory (Self-Government) Act 1988 (Cth) s 22(1).
51 Northern Territory (Self-Government) Act 1978 (Cth) s 6.
52 Constitution Act 1902 (NSW) s 5.
53 Constitution of Queensland 2001 (Qld) s 3.
54
Constitution Act 1934 (SA) s 5.
55 Constitution Act 1934 (Tas) s 9(1).
Legislative
Materials
56 Constitution Act 1975 (Vic) s 16.
57 Constitution Act 1889 (WA) s 2(1).
3.9.1 Gazettes
Legislative
Materials
the author and title of the notice (if available) should also be included
as follows:
Author , ‘ Title of Notice ’ in Jurisdiction , Gazette Title ,
No Gazette Number , Full Date , Starting Page , Pinpoint .
69
Examples Commonwealth, Gazette: Special, No S 489, 1 December 2004.
70
‘Australian Capital Territory Teaching Service’ in Australian Capital
Territory, Australian Capital Territory Gazette, No 1, 24 May 1989, 3.
71 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.
Rule Orders and rulings of government instrumentalities and officers that are
not appropriate to cite as delegated legislation (see rule 3.4) and are not
published in a gazette (see rule 3.9.1) should be cited as follows:
Instrumentality/Officer , Instrument Title ( Document Number ,
Full Date ) Pinpoint .
Only the title of an officer (not their name) should be included. Where
a government department or an officer promulgates the instrument, the
jurisdiction should be included in parentheses after the name of the
department or officer (using the abbreviations in rule 3.1.3).
80 Part II — Domestic Sources
75
Examples ASX, Listing Rules (at 19 December 2016).
76 Law Society of the Australian Capital Territory, ACT Legal Profession
(Solicitors) Conduct Rules 2015 (at 20 November 2015) r 8.1.
77 Victorian Bar, Compulsory Continuing Professional Development Rules
(at 1 April 2011) rr 4–5. [Not: The Victorian Bar Inc, …]
Note If a source has provisions with different effective dates, the effective
date of the provision cited should be used.
Australian Guide to Legal Citation 81
Legislative
Materials
pages and paragraphs (in accordance with rules 1.1.6–1.1.7).
Practice directions and practice notes of courts not published in a report
series should be cited as follows:
Court , Practice Direction/Note Number/Identifier :
Title of Practice Direction/Note , Full Date , Pinpoint .
Where the identifier is clearly specified as a number, ‘No’ should be
included before the number, separated by a space.
78
Examples Supreme Court of Victoria, Practice Note No 8 of 2010: Management of
Group Proceedings (2010) 30 VR 693.
79 Supreme Court of Victoria, Practice Note SC Gen 10: Conduct of Group
Proceedings (Class Actions), 30 January 2017. [Not: … Practice Note No
SC Gen 10: Conduct …]
80
High Court of Australia, Practice Direction No 2 of 2010: Use of Initials
or Pseudonyms in Applications, 2 November 2010.
81 Federal Court of Australia, Central Practice Note: National Court
Framework and Case Management, 25 October 2016, para 4.1.
Note Practice directions and practice notes are often reproduced in the
issuing court’s authorised report series and should be cited from there
if possible.
82 Part II — Domestic Sources
4.1 Author
Secondary
Sources
x post-nominals (such as ‘AM’ and ‘LLB’) should not be
included; and
x in general, honorific titles (such as ‘the Hon’ and ‘Dr’) should
not be included. However, ‘Sir’ and ‘Dame’ and peerage titles
(such as ‘Lord’ and ‘Viscount’) should be included where they
appear on the source.
Secondary sources authored by (current and former) judicial officers
should appear in accordance with rule 4.1.5.
Note Honorific titles or titles indicating qualification, such as ‘the Hon’, ‘Dr’
or ‘Professor’ and conventional titles such as ‘Ms’ or ‘Mr’, may be
included in discursive text (in both the body and the footnotes) before
a person’s name.
Rule If there are two or three authors, the names of all authors should be
included and the word ‘and’ should separate the names of the last two
authors.
If there are more than three authors, the name of the author appearing
first on the source should be included, followed by ‘et al’.
This rule should also be followed when using subsequent references
(see rule 1.4.1).
2
Examples James Edelman and Elise Bant, Unjust Enrichment (Hart Publishing,
2nd ed, 2016).
3 Paul Rishworth et al, The New Zealand Bill of Rights (Oxford University
Press, 2003).
…
5 Edelman and Bant (n 2) 260. See Rishworth et al (n 3).
4.1.3 Editors
Rule For books with an editor (and no author) the name of the editor should
appear in the same manner as an author’s name. It should be followed
by ‘(ed)’ for one editor or ‘(eds)’ for multiple editors and should also
appear as such in subsequent references (see rule 1.4.1).
6
Examples Peter Birks (ed), New Perspectives in the Roman Law of Property: Essays
for Barry Nicholas (Clarendon Press, 1989).
7 Cedric Ryngaert et al (eds), Judicial Decisions on the Law of International
Organizations (Oxford University Press, 2016).
8 Birks (ed) (n 6).
Australian Guide to Legal Citation 85
Secondary
Where there are multiple subdivisions, only the most specific
Sources
subdivision should be included (unless this creates ambiguity, in which
case the minimum number of subdivisions necessary for clarity should
be included).
If an author is not prominently credited on the title or publication details
pages of the source, no author should be included.
If the publication is authored on behalf of the Commonwealth of
Australia, this should be rendered as ‘Commonwealth’.
If the body is a company, terms designating the corporate status of the
company (eg ‘Pty’, ‘Ltd’, ‘Co’, ‘Inc’) should be omitted from its name,
as should ‘the’ at the start of the name.
Where a body has a bilingual or multilingual title, only the English-
language title should be included.
9
Examples Family Court of Australia, ‘Response of the Family Court of Australia to
the Attorney-General’s Department Paper on Primary Dispute Resolution
Services in Family Law’ (1997).
10 Information Management Committee, Department of Justice and Attorney-
General (Qld), ‘Terms of Reference’ (4 March 2015).
11 Review of the Law of Negligence (Final Report, September 2002).
[Not: Panel of Eminent Persons, Review of the Law of Negligence … nor
… Commonwealth of Australia …]
12 Queensland Government, ClimateSmart 2050: Queensland Climate
Change Strategy 2007 (2007).
86 Part III — Secondary Sources
Secondary
Sources
writing extra-curially Australian Law’ (1987) 13(3) Monash Law
(in a citation): Review 149; Lord Cooke, ‘Foreword’ in Janet
McLean (ed), Property and the Constitution
(Hart Publishing, 1999); Justice Michael
Kirby, ‘Transnational Judicial Dialogue,
Internationalisation of Law and Australian
Judges’ (2008) 9(1) Melbourne Journal of
International Law 171.
Citing a former judicial As pointed out by the Hon Mary Gaudron in a
officer (in text): recent speech, …
20
Citing a former judicial Michael Kirby, ‘The Dreyfus Affair: Lessons
officer (in a citation): for Today’ (Speech, Central Synagogue, 24
May 2009).
Including the territorial This was a different approach from that of Lord
designation of a peer Nicholls.21 [Not: … Lord Nicholls of Birkenhead]
…
Lord Keith of Avonholm had a very different view
of negligence from that held by Lord Keith of
Kinkel.22
88 Part III — Secondary Sources
4.2 Title
Rule A short title for secondary sources may be provided and used in
subsequent references (in accordance with rule 1.4.1). ‘Ibid’ should be
used for all materials in this chapter in accordance with rule 1.4.3.
The short title should adhere to rule 1.4.4 (ie should be italicised in
accordance with the rules of this Guide and placed within single
inverted commas and parentheses following the initial citation). In
footnotes, it should appear after any pinpoints or parenthetical clauses.
The title should generally be provided in full when the secondary
source is first referred to in the text (in accordance with rule 1.4.4). The
first citation of a source in a footnote should also always be given in
Secondary
Sources
full.
If a short title was previously only provided in the footnotes, the short
title should also be provided in the text when it is first used in the text
(in accordance with rule 1.4.4).
Examples The last 20 years has seen a steady increase in the number of Investor
State Dispute Settlement (‘ISDS’) claims, with fewer than 10 being
initiated in 1997 to 62 being initiated in 2016.27
…
The damages sought ranged from USD10 million to USD16.5 billion.29
…
The potential financial consequences were outlined in Investor–State
Dispute Settlement: Review of Developments in 2016 (‘ISDS 2016
Review’).31 [Not: … outlined in ISDS 2016 Review.]
__________
27 Investment and Enterprise Division, UNCTAD, Investor–State Dispute
Settlement: Review of Developments in 2016 (IIA Issues Note No 1, 19 May
2017) 2 (‘ISDS 2016 Review’).
…
29
ISDS 2016 Review (n 27) 4.
…
31 ISDS 2016 Review (n 27) 3.
90 Part III — Secondary Sources
Rule A URL may be included as part of the citation to aid its retrieval. The
URL should be enclosed within point brackets (‘< >’) and placed at the
end of the citation after any pinpoints, but before a short title.
Where the full URL of a document appears cumbersome and the
document can be located easily from a general website, the URL of the
general website may be included instead.
The date of retrieval should not be included after the URL.
32
Examples ‘Flooding in the Philippines Highlights Urgency of Climate Leadership’,
Oxfam International (Web Page, 28 September 2009) <http://www.oxfam.
org/en/pressroom/pressrelease/2009-09-28/flooding-philippines-urgency-
climate-leadership>.
33
Family Court of Australia, Annual Report 16:17 (Report, 19 October 2017)
77 <http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/reports-
and-publications/annual-reports/2016-17/2016-17-annual-report-toc>
(‘FCA 2016–17 Annual Report’). [Not: … <http://www.familycourt.gov.
au/wps/wcm/connect/7456589e-fc98-409b-8d1c-7b909bd30dcf/2743-
Family_Court_of_Australia_2016_17_WEB.pdf?MOD=AJPERES
&CVID=> …]
5 Journal Articles
‘A Personal
Sydney
Harold Journey
(2005) 27(3) Law 393 , 400
Luntz, through the
Examples Review
Law of Torts’
Lord ‘Droit Public: Public
[1995] (Spring) 57 , 60
Woolf, English Style’ Law
Volume
Starting Pin-
Element Author Title Year and Journal
Page Point
Issue
Rule 5.1 5.2 5.3 5.4 5.5 5.6 5.7
5.1 Author
Articles
Journal
Rule Names of authors should appear in accordance with rule 4.1.
1
Example RJ Ellicott, ‘The Autochthonous Expedient and the Federal Court’ (2008)
82(10) Australian Law Journal 700. [Not: RJ Ellicott QC …]
Note For unsigned journal articles, the type of article (such as ‘Comment’ or
‘Note’) should appear in place of the author’s name.
5.2 Title
Rule Article titles should appear in accordance with rule 4.2. They should
appear within single quotation marks and should not be italicised (other
than in accordance with rule 4.2).
2
Example Jani McCutcheon, ‘Curing the Authorless Void: Protecting Computer-
Generated Works following IceTV and Phone Directories’ (2013) 37(1)
Melbourne University Law Review 46.
92 Part III — Secondary Sources
5.3 Year
Rule Both the volume and issue number should be included. The issue
number should follow the volume number in parentheses (eg ‘40(1)’).
For journals organised by year, the issue number (enclosed in
parentheses) should appear after the year, preceded by a space
(eg ‘[2000] (1)’).
Where an issue identifier other than a number is used (eg a season or a
month), this should appear — preceded by a space and enclosed in
parentheses — after the volume number or year (eg ‘31 (Winter)’ and
‘[1982] (Summer)’).
If one bound edition of a journal is designated as containing multiple
issues (and under this rule the issue numbers must be included), the
issues should be separated by an en-dash and enclosed inside
parentheses after the volume number or year (as appropriate)
(eg ‘21(2–3)’ and ‘[1957] (5–6)’).
Australian Guide to Legal Citation 93
5
Examples Andrew Edgar, ‘Administrative Regulation-Making: Contrasting
Parliamentary and Deliberative Legitimacy’ (2017) 40(3) Melbourne
University Law Review 738, 747–9. [Not: … (2017) 40 Melbourne …]
6 AP Simester, ‘Accessory Liability and Common Unlawful Purposes’
(2017) 133 (January) Law Quarterly Review 73.
7 Dawn Oliver, ‘Is the Ultra Vires Rule the Basis of Judicial Review?’ [1987]
(Winter) Public Law 543.
8 James Boyle, ‘The Second Enclosure Movement and the Construction of
the Public Domain’ (2003) 66(1–2) Law and Contemporary Problems 33,
37. [Not: … (2003) 66(1)–(2) …]
Note Where issues are published very frequently or are commonly indexed
by full date, it may be more appropriate to use a newspaper-style
citation (see rule 7.11).
5.5 Journal
Articles
Journal
Rule The full title of the journal should appear in italics, following the year
and any volume or issue number.
The journal title should not be abbreviated and should appear as it
appears on the cover of the journal, subject to the following exceptions:
x ‘the’ should not be included at the start of the journal title; and
x subtitles of journals should be omitted where this does not cause
ambiguity.
9
Examples … Australian Law Journal …
[Not: … The Australian Law Journal … nor … ALJ … nor … Australian
L J …]
10 … Yale Journal of Law and the Humanities …
[Not: … Yale Journal of Law & the Humanities …]
11 … Copyright Reporter …
[Not: … Copyright Reporter: Journal of the Copyright Society of
Australia …]
94 Part III — Secondary Sources
Rule The number of the first page of an article should follow the title of the
journal. No punctuation should separate the starting page from the title.
12
Example Hailegabriel G Feyissa, ‘European Extraterritoriality in Semicolonial
Ethiopia’ (2016) 17(1) Melbourne Journal of International Law 107.
Rule If an article has been published in multiple parts, a full citation should
be given for each part cited.
‘(Pt Number )’ should be inserted between the title and the year
(regardless of whether the other parts are cited). Any reference to the
part within the title of the article should be omitted.
15
Examples RN Gooderson, ‘Claim of Right and Dispute of Title’ (Pt 1) [1966] (1)
Cambridge Law Journal 90.
Australian Guide to Legal Citation 95
5.9 Symposia
Articles
Journal
same manner as an article in a journal, except:
x ‘Symposium’ should appear instead of an author’s name;
x the title of the symposium should appear in inverted commas;
and
x the starting page should be that on which the first article in the
symposium (or any symposium title page or introductory
section) begins.
Individual articles within a symposium should be cited as regular
journal articles in accordance with the other rules in this chapter.
20
Examples Symposium, ‘Contemporary Human Rights in Australia’ (2002) 26(2)
Melbourne University Law Review 251.
21 Symposium, ‘Zelman Cowen Conference’ (2015) 38(3) Melbourne
University Law Review 859.
96 Part III — Secondary Sources
Rule Articles appearing in journals that are only available online should, to
the extent possible, be cited in the same manner as articles in printed
journals. However, it will often not be possible to include a volume
number, issue number or starting page.
Where an article has an article number or some other identifier, this
should be used instead of the starting page number.
Pinpoint references should adhere to rules 1.1.6–1.1.7 and should
appear after the article number/identifier, preceded by a comma and a
space. The most appropriate form of pinpointing should be used
depending on the form the article takes (paragraph, part, etc).
However, if the article appears as a Portable Document Format (‘PDF’)
or equivalent, the starting page and pinpoint should appear as follows
when pinpointing:
Article Number/Identifier : Page Range of Article , Pinpoint .
The article number/identifier should appear as it does on the source.
The page range spans the number of pages contained in the PDF
(or equivalent) version of the article (eg ‘1–15’).
The pinpoint refers to a position within the page range (and where
appropriate may include a paragraph pinpoint).
22
Examples Azzurra Annunziata et al, ‘Do Consumers Want More Nutritional and
Health Information on Wine Labels? Insights from the EU and USA’
(2016) 8(7) Nutrients 416:1–19, 8.
23 Azzurra Annunziata et al, ‘European Consumers’ Interest Toward
Nutritional Information on Wine Labeling: A Cross-Country Analysis’
(2015) 5 BIO Web of Conferences 04003:1–5, 4.
24 Kate Lewins, ‘What’s the Trade Practices Act Got to Do with It?
Section 74 and Towage Contracts in Australia’ (2006) 13(1) eLaw Journal:
Murdoch University Electronic Journal of Law 58, 59.
25 William van Caenegem, ‘Copyright Liability for the Playing of “Music on
Hold”: Telstra Corporation Ltd v Australasian Performing Right
Association Ltd’ (1996) 2 High Court Review 5:1–7, 4–6 [9]–[12].
Australian Guide to Legal Citation 97
Rule For forthcoming articles, the starting page should be replaced with
‘(forthcoming)’.
For articles that are available as an advance, the starting page should be
replaced with ‘(advance)’.
Where not all the information for a forthcoming or advance article is
available, as much information as is available should be included.
26
Examples Geneviève Helleringer and Anne-Lise Sibony, ‘European Consumer
Protection through the Behavioral Lens’ (2017) 23 Columbia Journal of
European Law (forthcoming).
27 Michael Crommelin, ‘Powers of the Head of State’ (2015) 38(3) Melbourne
University Law Review (advance).
Articles
Journal
98
6 Books
Malcolm N International (Cambridge University
578
Shaw, Law Press, 7th ed, 2014)
Examples
George Nineteen
(Penguin Books, 2011) pt 1 ch 2
Orwell, Eighty-Four
Element Author Title Publication Details Pinpoint
Rule 6.1 6.2 6.3 6.4
6.1 Author
1
Examples Ralph H Folsom, Principles of European Union Law (Thomson West,
2005). [Not: Ralph H. Folsom …]
2 St John Ambulance Australia, Australian First Aid, ed Shirley Dyson
(4th ed, 2006).
3 Paul Rishworth et al, The New Zealand Bill of Rights (Oxford University
Press, 2003).
6.2 Title
6.3.1 Publisher
Rule The publisher’s name should be included in parentheses after the title.
It should be followed by a comma.
The publisher’s name should appear as on the title page, subject to the
following exceptions:
x if no publisher appears on the title page, the publisher listed on
the publication information page should be used;
x ‘the’ at the start of a publisher’s name should be omitted;
x abbreviations related to the publisher’s corporate status (‘Pty’,
‘Ltd’, ‘Co’, etc) should be omitted;
x geographical designations (‘Australia’, ‘A/Asia’, etc) in
company names should generally be omitted, unless they are an
important part of the name and are necessary to avoid
ambiguity; and
x subdivisions within companies should be omitted.
A publisher’s name should only be included if it appears in the book.
A publisher’s name should not be included where the names of the
Books
publisher and author are the same.
If there are multiple publishers, only the first-listed publisher should be
included. If the book specifies an imprint, only the imprint should be
included.
For books published by a publisher on behalf of another organisation,
only the publisher should be included.
Where a publisher has a bilingual or multilingual name, only the
English-language name should be included. If no English-language
name is listed, the first-listed name should be included.
For older works that list a series of printers or booksellers (rather than
a publisher per se), no publisher name should be included.
7
Examples Isabelle Bartkowiak-Théron and Nicole Asquith (eds), Policing
Vulnerability (Federation Press, 2012). [Not: … The Federation Press …]
100 Part III — Secondary Sources
8 James O’Donovan and Vicky Priskich, Lender Liability (Lawbook, 2nd ed,
2016). [Not: … Lawbook Co … nor … Lawbook Company …]
9 Ronald Dworkin, Justice for Hedgehogs (Belknap Press, 2011) 10.
[Not: … Belknap Press of Harvard University Press …]
10 McGill Law Journal, Canadian Guide to Uniform Legal Citation (Carswell
Thomson, 4th ed, 1998). [Not: … Carswell Thomson Professional
Publishing …]
11 Martin Davies and Ian Malkin, Torts (LexisNexis Butterworths, 5th ed,
2008). [Not: … LexisNexis Butterworths Australia …]
12 Law Institute of Victoria, Legal Directory 2006 (2005). [Not: … Legal
Directory 2006 (Law Institute of Victoria, 2005).]
13 Philip Loots and Donald Charrett, Practical Guide to Engineering and
Construction Contracts (CCH Australia, 2009). [Not: … (CCH, 2009).]
Rule Where there are multiple editions of a book and an edition number
appears in the book being cited, the edition number should be included
after the publisher’s name. The ordinal indicator of the edition should
appear in superscript.
The edition number should appear as follows:
Ordinal Edition Number ed,
14
Examples RP Austin and IM Ramsay, Ford’s Principles of Corporations Law
(LexisNexis Butterworths, 15th ed, 2013).
15 David Bamford and Mark Rankin, Principles of Civil Litigation (Lawbook,
2nd ed, 2014).
Australian Guide to Legal Citation 101
Rule The year of publication should appear following the name of the
publisher and any edition number. The year of publication is of the
Books
edition being cited. The year of first publication should not be included.
A completed multi-volume work that was published over a range of
years should include the first and final years of publication (as a span).
If publication is still in progress, the first year and an en-dash should be
used.
18
Examples David Pannick, Judicial Review of the Death Penalty (Duckworth, 1982).
19 Jonathan I Charney, Lewis M Alexander and Robert W Smith (eds),
International Maritime Boundaries (Martinus Nijhoff, 1993–2002).
20 Jeremy Bentham, Rationale of Judicial Evidence (Garland Publishing,
1978) vol 1.
21 Pamela Andre (ed), Documents on Australian Foreign Policy 1937–49
(Department of Foreign Affairs and Trade, 1975–) vol 16, 159.
22 Thomas Hobbes, Leviathan (Clarendon Press, 1909). [Not: Thomas
Hobbes, Leviathan (Clarendon Press, first published 1651, 1909 ed).]
102 Part III — Secondary Sources
Rule If a book contains more than one volume, the number of the volume
cited should appear after the publication details, preceded by ‘vol’.
Alternatively, if the source refers to its individual volumes as ‘books’,
the number of the ‘book’ cited should appear after the publication
details, preceded by ‘bk’.
The volume number should be rendered in Arabic numerals, regardless
of how it appears in the source (eg ‘2’ not ‘II’).
26
Examples Joel Feinberg, The Moral Limits of the Criminal Law (Oxford University
Press, 1984–88) vol 4, 45.
27 Evan C Lewis and DI Cassidy, Tenancy Law of New South Wales
(Butterworths, 1966) bk 2.
Note Where the volumes of a book were published in different years, the
span of years over which all volumes were published should be
included in the publication information (see rule 6.3.4).
Australian Guide to Legal Citation 103
Books
28
Examples Jeremy Waldron, ‘Do Judges Reason Morally?’ in Grant Huscroft (ed),
Expounding the Constitution: Essays in Constitutional Theory (Cambridge
University Press, 2008) 38.
29 Meg Russell, ‘Reform of the House of Lords: Lessons for Bicameralism’
in Nicholas Aroney, Scott Prasser and JR Nethercote (eds), Restraining
Elective Dictatorship: The Upper House Solution? (University of Western
Australia Press, 2008) 119.
…
31 Janet Ransley, ‘Illusions of Reform: Queensland’s Legislative Assembly
since Fitzgerald’ in Nicholas Aroney, Scott Prasser and JR
Nethercote (eds), Restraining Elective Dictatorship: The Upper House
Solution? (University of Western Australia Press, 2008) 248, 252–3.
[Not: … in Aroney, Prasser and Nethercote (eds) (n 29) 248, 252–3.]
32 Russell (n 29) 122.
33 Ransley (n 31) 255. [Not: Ransley (n 29) 255.]
104 Part III — Secondary Sources
Rule Books with both an author (or multiple authors) and an editor (or
multiples editors) should be cited as follows:
Author , Title , ed Editor ( Publication Details ).
The abbreviation ‘ed’ should be used regardless of how many editors
there are (‘ed’ in this context stands for ‘edited by’).
34
Examples JS Mill, Utilitarianism, ed Roger Crisp (Oxford University Press, 1998) 14.
35 Ludwig Wittgenstein, On Certainty, ed GEM Anscombe and GH von
Wright, tr Denis Paul and GEM Anscombe (Harper Torchbooks, 1972).
36
Examples Sigmund Freud, Civilization and its Discontents, tr Joan Riviere (Hogarth
Press, 1930).
37 Friedrich Nietzsche, Thus Spoke Zarathustra: A Book for Everyone and No
One, tr RJ Hollingdale (Penguin Books, 1961) 210–13.
38 Franz Kafka, ‘The Metamorphosis’, tr Willa Muir and Edwin Muir in Franz
Kafka, The Complete Stories, ed Nahum N Glatzer (Schocken Books,
1971) 89.
39 Jean-Paul Sartre, Being and Nothingness: An Essay on Phenomenological
Ontology, tr Hazel E Barns (Methuen, 1969) 151 [trans of: L’Etre et le
Néant (1943)]
Australian Guide to Legal Citation 105
Rule For forthcoming books, the date of publication should be replaced with
‘forthcoming’. Where not all the information of the forthcoming book
is available, as much information as available should be included.
40
Example Quentin Bryce, Dear Quentin: Letters of a Governor-General (Miegunyah
Press, forthcoming).
6.9 Audiobooks
Books
with rules 1.11.3–1.11.4.
41
Examples George Orwell, 1984 (Audiobook, Blackstone Audio, 2007) 11:15:05.
42 William Ury, Roger Fisher and Bruce Patton, Getting to Yes: Negotiating
an Agreement Without Giving In (Audiobook, Random House, 2012)
0:05:00–1:01:00.
43 John Steinbeck, Of Mice and Men (Audiobook, Hachette Audio, 2010).
106
7 Other Sources
The following sub-rules illustrate how this general rule may be applied
to particular types of sources.
1
Examples Review of the Law of Negligence (Final Report, September 2002) 37–57.
[Not: Panel of Eminent Persons, Review of the Law of Negligence …]
2 Community Law Australia, Unaffordable and Out of Reach: The Problem
of Access to the Australian Legal System (Report, July 2012).
3 Qantas Airways, Qantas Annual Report 2017: Positioning for
Sustainability and Growth (Report, 2017) 12. [Not: … Qantas Annual
Report 2017: Positioning for Sustainability and Growth (Annual Report,
2017) 12.]
4 Investment and Enterprise Division, UNCTAD, Improving Investment
Dispute Settlement: UNCTAD Policy Tools (IIA Issues Note No 4, 23
November 2017).
When citing bills digests, alert digests and similar documents, the
document type should be changed accordingly and ‘of Year ’ should Sources
Other
also be included as part of the document number, unless it forms part
of the title. Where this is a span of years, it should be cited in
accordance with rule 1.11.4.
5
Examples Environment and Natural Resources Committee, Parliament of Victoria,
Inquiry into the Environment Effects Statement Process in Victoria
(Parliamentary Paper No 59, September 2011).
6 Law Reform Committee, Parliament of Victoria, Inquiry into Alternative
Dispute Resolution and Restorative Justice (Final Report, May 2009) 26.
108 Part III — Secondary Sources
Rule When citing ABS materials, the author should be ‘Australian Bureau of
Statistics’.
An ABS source should be cited by reference to its catalogue number.
The document type should therefore be ‘Catalogue’.
23
Examples Australian Bureau of Statistics, Corrective Services, Australia, September
Quarter 2017 (Catalogue No 4512.0, 30 November 2017).
24 Australian Bureau of Statistics, International Merchandise Trade:
Confidential Commodities List, Dec 2017 (Catalogue No 5372.0.55.001,
11 January 2018).
25 Australian Bureau of Statistics, Australian Bureau of Statistics: Annual Sources
Other
Report, 2016–17 (Catalogue No 1001.0, 19 October 2017) 16–17.
[Also: Australian Bureau of Statistics, Annual Report: 2016–17 (Report,
19 October 2017) 16–17.]
26 Australian Bureau of Statistics, Statistics of the Colony of Victoria, 1860
(Catalogue No 1309.2, 1 October 1861).
27 Australian Bureau of Statistics, Year Book Queensland, 1901 (Catalogue
No 1301.3, 23 December 1901).
110 Part III — Secondary Sources
33
Examples Amanda Biggs, ‘Medicare: A Quick Guide’ (Research Paper,
Parliamentary Library, Parliament of Australia, 12 July 2016).
34 Scott Bennett, ‘The Rise of the Australian Greens’ (Research Paper No 8,
Parliamentary Library, Parliament of Australia, 22 September 2008) 15.
35 Kate Raynor, Igor Dosen and Caley Otter, ‘Housing Affordability in
Victoria’ (Research Paper No 6, Parliamentary Library and Information
Service, Parliament of Victoria, December 2017).
36 Caley Otter, ‘Voluntary Assisted Dying Bill 2017’ (Research Note No 1,
Parliamentary Library and Information Service, Parliament of Victoria,
October 2017).
Rule Ordinal numbers (eg ‘1st’, ‘5th’ ) of conferences should not be included.
The geographical location of the conference should not be included,
unless it forms part of the name of the relevant forum.
37
Examples Ian Mutton, ‘Extra-Territoriality: A Case Study’ (Conference Paper,
International Trade Law Conference, 29 May 1997). [Not: … 23rd
International Trade Law Conference …]
38 Jacqueline Campbell, ‘When Family Law Meets Bankruptcy’ (Seminar
Paper, Law Institute of Victoria, 17 February 2015). [Not: … Law Institute
of Victoria, Melbourne …]
Rule The degree for which the thesis or dissertation was submitted should be
indicated as the document type.
Where applicable, the full name of the relevant university or
institution’s name should be used. The department or faculty to which
the thesis or dissertation was submitted should not be included.
For collegiate or federal universities, only the title of the university
itself should be included. The name of the constituent college should
not be included.
Australian Guide to Legal Citation 113
39
Examples Antonio Kurt Esposito, ‘The History of the Torrens System of Land
Registration with Special Reference to Its German Origins’ (LLM Thesis,
The University of Adelaide, 2000). [Not: … School of Law, The University
of Adelaide …]
40
Jonathan G Ercanbrack, ‘The Law of Islamic Finance in the United
Kingdom: Legal Pluralism and Financial Competition’ (PhD Thesis,
University of London, 2011). [Not: … School of Oriental and African
Studies, University of London …]
7.3 Speeches
57
Examples Official Record of the Debates of the Australasian Federal Convention,
Sydney, 2 September 1897, 19 (Edmund Barton).
58 Official Report of the National Australasian Convention Debates,
Adelaide, 29 March 1897, 206–7 (Sir John Downer).
7.6 Dictionaries
Note The intellectual property type terminology name may vary in each
jurisdiction even when referring to the same type of IP material. For
example, ‘Trademark’ may be used in one jurisdiction and ‘Trade Mark’
may be used in another. The term that is used in the IP registration
documentation of the IP material being cited should be adhered to.
Renewals of the IP material are not considered a change in the status of
the IP material; rather they maintain the registered status of the IP
material.
88
Examples Gopal Sri Ram, ‘The Role of Judges and Lawyers in Evolving a Human
Rights Jurisprudence’ (January 2003) Infoline: The Official Newsletter of
the Malaysian Bar 17.
89 Jill Lepore, ‘The History Test’ (27 March 2017) The New Yorker 66.
Australian Guide to Legal Citation 125
Rule For untitled articles, a description of the piece (eg ‘Letter to the Editor’)
should replace the title. The description should not be enclosed in
quotation marks.
For unsigned articles, the author should be omitted. However, for
editorials, ‘Editorial’ should replace the author’s name.
90
Examples ‘Fury at WA Council Plan’, The Australian Financial Review (Sydney,
1 May 2006) 5.
91 Editorial, ‘Medicare by Name, No Longer by Nature’, News, The Age
(Melbourne, 12 March 2004) 12.
92 Rose Healy, Letter to the Editor, The Herald Sun (Melbourne, 10 June
2002) 16.
93
Examples Email from Vanessa Li to Samantha Jones, 4 November 2015.
94 Letter from Sir Peter Cosgrove to Malcolm Turnbull, 3 July 2016
<https://www.gg.gov.au/sites/default/files/files/gg/2016/Election%20
Letters%20PM%20GG.pdf>, archived at <https://perma.cc/59PC-
V4YW>.
95 Letter from Deloitte Touche Tohmatsu, Melbourne, to Opes Prime Clients,
1 April 2008, 3 <http://www.deloitte.com.au/media/docs/OpesPrime_
groupcircular.pdf>.
Note Attachments sent via email may be cited in this manner, unless the
attachment is covered by another rule in this Guide.
Note Video and audio recordings uploaded to social media platforms (such
as YouTube) should be cited using rule 7.16 unless covered by this rule.
97
Examples Blade Runner: The Final Cut (Ladd Company, 2007). [Not: Blade Runner
(The Final Cut, Ladd Company, 2007).]
98 12 Angry Men (Metro Goldwyn Mayer, 1957).
99
Donnie Darko (Director’s Cut, Newmarket Films, 2004).
100 The Dark Knight (Warner Brothers Pictures, 2008) 0:54:58–0:55:11.
[Not: The Dark Knight (Theatrical Version, Warner Brothers …]
Rule Where an episode does not have a title and is numbered consecutively,
it should appear as follows:
‘Episode Number ’
Where an episode does not have a title, and is numbered by season, it
should appear as follows:
‘Season Number , Episode Number ’
The title should be the title of the television series.
Where there are multiple versions (eg ‘Extended Version’) and the
version being cited is not the standard version, the version details
should be included.
Where referring to a television series as a whole and not to a specific
season or episode, the season and episode number should be omitted.
The production details should be that of the first episode.
101
Examples ‘The Paradise Papers’, Four Corners (Australian Broadcasting
Corporation, 2017) 0:40:00–0:45:00 <http://www.abc.net.au/4corners/the-
paradise-papers/9124930>.
102 ‘Indefensible’, Making A Murderer (Netflix, 2015).
103 ‘Season 9, Episode 10’, Gruen (Australian Broadcasting Corporation,
2017).
104 ‘Pilot’, Suits (Extended Version, Open 4 Business Productions, 2011)
0:14:53.
105 The West Wing (John Wells Productions, 1999).
Australian Guide to Legal Citation 129
Rule In general, where the episode number or date is part of the episode title,
it should not be omitted or altered, and the original episode title should
appear as it does in the original source. Quotation marks in episode
titles should adhere to rule 1.5.1.
For radio segments, the studio, production company or producer of the
radio segment should be included in parentheses. This will usually be
the radio station on which the radio segment originally aired.
For podcasts, the title that should be used is the title that appears on the
podcast listening platform. The studio, production company or
producer of the podcast should be included in parentheses. Where the
studio, production company or producer and the series title are the
same, the studio, production company or producer should be omitted.
The full date should be included and should be based on the time zone
from which the podcast or radio segment originates. This may mean
that the date displayed for American podcasts in some third party
podcast providers, when used in Australia, is a different date to the date
that should be cited.
Where referring to a series as a whole and not to a specific episode, the
episode number should be omitted. The production details should be
that of the first episode.
106
Examples ‘S02 Episode 07: Hindsight, Part 1’, Serial (This American Life,
18 February 2016). [Not: … Life, 19 February 2016).]
107 ‘Inventions: Who Owns Them?’, The Law Report (ABC Radio National, Sources
Other
8 September 2009) <http://www.abc.net.au/rn/lawreport/stories/2009/
2678819.htm#transcript>.
108 ‘Dan Drezner on “The Ideas Industry”’, The Lawfare Podcast (Lawfare
Institute, 17 June 2017) <https://lawfareblog.com/lawfare-podcast-ideas-
industry>.
109 ‘What Could Tomorrow Look Like?’, The Lawyers Weekly Show (Lawyers
Weekly, 2 February 2018) 00:06:20.
110 ‘The Battle over Your Right to Vote’, Life of the Law (Nancy Mullane, 28
November 2017).
111 ‘Law Matters Program 120, 6th December 2017’, Law Matters (Aboriginal
Legal Service of Western Australia, 6 December 2017) <http://www.als.
org.au/law-matters-program-120-6th-december-2017/>.
130 Part III — Secondary Sources
Rule Social media posts, forum posts and online videos uploaded to sites
such as YouTube may be cited as follows:
Username , ‘ Title ’ ( Social Media Platform ,
Full Date , Time ) < URL >.
The username should appear as it does on the social media platform
(ie capitalisation should not be altered). For Twitter accounts, ‘@’
should be included in the username. Where it is important to include
the name of the author of the post and this is not clear from the
username, the name may be included in parentheses after the username,
preceded by a space.
Where the social media post does not have a title, the title should be
omitted.
The full date should be included. The time zone from which the post is
accessed (eg ‘AEDT’) should be included if the social media platform
adjusts the time based on the local time zone. Where there are multiple
posts within the same day, a time should be included to avoid
ambiguity.
When citing videos, any pinpoint references should be to a point
in time or to a time span in the recording and should adhere to
rules 1.11.3–1.11.4.
A URL should be included after the first reference to a source in Sources
accordance with rule 4.4. Where the post/video has been deleted or is Other
likely to be deleted, a permalink should be included in accordance with
rule 4.5.
114
Examples Brooking Creative Labs, ‘Is America Dreaming?: Understanding Social
Mobility’ (YouTube, 20 July 2015) 00:00:00–00:01:00 <https://www.
youtube.com/watch?v=vG6-UaBECN4>.
115 chapteriiibestbits (Instagram, 21 July 2016 AEST) <https://www.
instagram.com/p/BIICBevgk31>.
116 @s_m_stephenson (Scott Stephenson) (Twitter, 17 July 2017, 9:37pm
AEST) <https://twitter.com/s_m_stephenson/status/8871694255514419
21>, archived at <https://perma.cc/7A63-G2RT>.
132 Part III — Secondary Sources
8 Treaties
Treaty on the opened for (entered
729
Non-Proliferation signature into force
UNTS art 3
of Nuclear 1 July 5 March
161
Weapons, 1968, 1970)
Agreement
Examples regarding the
(entered
Transfer of the 8
Denmark– signed 12 into force
Administration of LNTS art 2
Germany, July 1921, 17 January
Justice in the 397
1922)
Territories of
Northern Slesvig,
Date
Opened Date of
Parties’ Treaty Pin-
Element Treaty Title for Entry into
Names Series point
Signature Force
or Signed
Rule 8.1 8.2 8.3 8.4 8.3 8.7
Rule A citation to a treaty should include the treaty title in italics as it appears
on the first page of the treaty. However:
x purely procedural components of the title (which are not part of
the substantive name, such as the date and place of signature)
should be omitted;
Treaties
x punctuation should adhere to rule 1.6 (ie full stops should not be
used in abbreviations); and
x capitalisation should adhere to rule 1.7.
134 Part IV — International Materials
1
Example International Covenant on Economic, Social and Cultural Rights, opened
for signature 16 December 1966, 993 UNTS 3 (entered into force 3 January
1976). [Not: International Covenant on Economic, Social and Cultural
Rights. Adopted by the General Assembly of the United Nations on 16
December 1966, opened for signature …]
Note If parties’ names are included in the treaty title, they should be
reproduced in citations exactly as they appear in that title, even if they
appear in an elaborate form.
An authoritative English language version of a treaty name should be
used wherever possible. Where an authoritative version of a treaty is
only available in a language other than English, provide the full title in
the original language with a translation appearing in square brackets
following the translated element in accordance with chapter 26.
Rule For multilateral treaties with more than three signatories, the names of
the parties should not be included after the treaty title.
If the names of the parties to a bilateral or trilateral treaty appear in the
treaty title, they should not be repeated after the title. If they do not
appear in the title, they should be included (unitalicised) after the treaty
title, preceded and followed by a comma and joined by en-dashes.
The conventional shortened forms of states parties’ names should be
used (if any exist), rather than their full elaborate forms
(eg ‘Venezuela’, not ‘Bolivarian Republic of Venezuela’). However, the
full form should be used if necessary to avoid ambiguity
(eg to differentiate the ‘Democratic Republic of the Congo’ from the
‘Republic of the Congo’).
2
Examples Convention Relating to the Non-Fortification and Neutralisation of the
Aaland Islands, opened for signature 20 October 1921, 9 LNTS 211
(entered into force 6 April 1922). [Not: … Aaland Islands, Germany–
Denmark–Estonia–Finland–France etc …]
Australian Guide to Legal Citation 135
Rule Multilateral treaties that are opened for signature to states generally
should be cited as follows:
Treaty Title , opened for signature Date of Conclusion ,
Treaty Series (entered into force Date of Entry into Force ).
6
Example Convention Relating to the Status of Refugees, opened for signature 28 July
1951, 189 UNTS 150 (entered into force 22 April 1954).
Note Where a treaty is adopted by the United Nations General Assembly, the
date of adoption is generally the date of conclusion.
Treaties
136 Part IV — International Materials
Rule Treaties that are signed by all parties and are not opened for signature
to others (often bilateral and trilateral treaties) should be cited as
follows:
Treaty Title , signed Date of Conclusion ,
Treaty Series (entered into force Date of Entry into Force ).
Where the date of conclusion and entry into force are the same, such
treaties should be cited as follows:
Treaty Title , Treaty Series (signed and entered into force
Date of Conclusion and Entry into Force ).
7
Examples Agreement between the Government of Australia and the Government of
the United Kingdom of Great Britain and Northern Ireland Providing for
the Reciprocal Recognition and Enforcement of Judgments in Civil and
Commercial Matters, signed 23 August 1990, [1994] ATS 27 (entered into
force 1 September 1994).
8 Agreement Relating to Co-operation on Antitrust Matters, Australia–
United States of America, 1369 UNTS 43 (signed and entered into force
29 June 1982).
Rule For treaties that are not yet in force, ‘(not yet in force)’ should replace
the date of entry into force.
Rule A citation to a treaty series should be included and the series name
should be abbreviated.
Where the treaty series is organised by volume, the citation should
appear as follows:
Volume Number Treaty Series Abbreviation Starting Page
(eg ‘23 UNTS 35’).
Where the treaty series is organised by year, the citation should appear
as follows:
[ Year of Volume ] Treaty Series Abbreviation
Starting Page or Treaty Number
(eg ‘[2010] ATS 5’).
Where the treaty series is organised by sequential order of deposit
independent of year (that is, the treaty is the nth treaty ever deposited in
the series), the citation should appear as follows:
Treaty Series Abbreviation No Sequential Number
(eg ‘CETS No 207’).
Parallel citations should not be used, in accordance with rule 2.2.7.
The following treaty series should be used in order of preference:
x the United Nations Treaty Series (‘UNTS’) or the League of
Nations Treaty Series (‘LNTS’);
x an official treaty series of a state party; or
x another international or regional treaty series.
Treaties
138 Part IV — International Materials
For treaties between members of the European Union that do not appear
in the UNTS or an official treaty series of a member (as well as in
accordance with rule 14.2.1, the Official Journal of the European Union
(‘OJ’) should be cited.
If a treaty is not published in a treaty series, other sources containing
the treaty, such as International Legal Materials (abbreviated ‘ILM’),
should be cited.
10
Examples Vienna Convention on the Law of Treaties, opened for signature 23 May
1969, 1155 UNTS 331 (entered into force 27 January 1980).
11 Agreement between the Government of Australia and the Government of
Samoa Relating to Air Services, signed 11 August 2000, [2001] ATS 18
(entered into force 29 October 2001).
12 Convention on Cybercrime, opened for signature 23 November 2001, ETS
No 185 (entered into force 1 July 2003) art 4(1).
13 Sustainable Fisheries Partnership Agreement between the European Union
and the Republic of Liberia, opened for signature 9 September 2015, [2015]
OJ L 328/3 (entered into force 9 December 2015).
Notes The very first page of a treaty (as it appears in a treaty series) should be
included as the starting page, even though this page does not usually
indicate a page number and contains only the title, party names and
other formal details.
Although International Legal Materials is not technically a treaty series
or report series, it may be abbreviated ‘ILM’ and treated for citation
purposes as if it were both. The issue number should not be included.
Australian Guide to Legal Citation 139
Examples 15
Memorandum of Understanding between the Government of the United
Treaties
Rule A pinpoint reference should follow the date of entry into force,
preceded by a space. A pinpoint reference should not be preceded by
any punctuation.
Pinpoint references should be to the articles, paragraphs, sections, etc,
of a treaty. They should not be to the pages of the treaty series. Pinpoint
references should adhere to rules 1.1.6–1.1.7. They should use the
abbreviations in rule 3.1.4 (eg ‘art’, ‘para’, ‘s’) as appropriate.
In accordance with rule 3.1.4, the highest ‘level’ of article, paragraph,
etc, in the pinpoint should be used (eg ‘art 31.1’, not ‘para 31.1’). The
designator ‘annex’ should always be written out in full.
17
Examples International Convention on the Elimination of All Forms of Racial
Discrimination, opened for signature 21 December 1965, 660 UNTS 195
(entered into force 4 January 1969) art 3.
18 Convention on the Privileges and Immunities of the United Nations, opened
for signature 13 February 1946, 1 UNTS 15 (entered into force
17 September 1946) art III s 9.
19 Agreement Establishing the Advisory Centre on WTO Law, opened for
signature 30 November 1999, 2299 UNTS 249 (entered into force 15 July
2001) annex II.
Treaties
142
1
Example Charter of the United Nations art 51.
Resolution or Decision
GA Res 3314, 9.2.3
Number
75th mtg,
Meeting Number 9.2.7
46th plen mtg,
UN Document
UN Doc A/RES/150 9.2.10
Number
Note For examples of commonly cited types of UN documents, see rule 9.6.
Documents of the World Health Organization (‘WHO’), International
Labour Organization (‘ILO’) and other similar bodies may be cited
Materials
using this rule, replacing the UN document number with the appropriate
UN
9.2.1 Author
Rule Where an individual or body (other than a principal organ of the UN)
is identified as the author of a document, the individual’s or body’s
name should be included.
The author’s official position may be included if it is not evident from
the document title. It should be included after their name, preceded by
a comma.
3
Examples Fatma Zohra Ksentini, Report of the Special Rapporteur on Human Rights
and the Environment, UN Doc E/CN.4/Sub.2/1994/9 (6 July 1994).
4 Giorgio Gaja, Special Rapporteur, Second Report on Responsibility of
International Organizations, UN Doc A/CN.4/541 (2 April 2004).
9.2.2 Title
5
Example Human Rights Committee, General Comment No 33: Obligations of States
Parties under the Optional Protocol to the International Covenant on Civil
and Political Rights, 94th sess, UN Doc CCPR/C/GC/33 (25 June 2009).
Note Not every UN document has a title (eg Security Council resolutions
generally do not have titles).
Rule When citing a resolution or decision, the organ and the resolution or
decision number should be included. They should appear using the
abbreviations below:
Organ and Type Abbreviation
Economic and Social Council Decision ESC Dec
Economic and Social Council Resolution ESC Res
General Assembly Decision GA Dec
General Assembly Resolution GA Res
Security Council Decision SC Dec
Security Council Resolution SC Res
Australian Guide to Legal Citation 145
6
Examples United Nations Declaration on the Rights of Indigenous Peoples, GA
Res 61/295, UN Doc A/RES/61/295 (2 October 2007, adopted 13
September 2007). [Not: … General Assembly Resolution 61/295 …]
7 SC Res 1441, UN Doc S/RES/1441 (8 November 2002).
8
Examples Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR,
UN Doc A/810 (10 December 1948).
9 SC Res 1734, UN SCOR, UN Doc S/RES/1734 (22 December 2006).
10 Sub-Commission on the Promotion and Protection of Human Rights,
Norms on the Responsibilities of Transnational Corporations and Other
Business Enterprises with Regard to Human Rights, UN ESCOR, UN Doc
E/CN.4/Sub.2/2003/12/Rev.2 (26 August 2003, adopted 13 August 2003).
11 Amendment of the Rules of Procedure of the Trusteeship Council, UN
TCOR, UN Doc T/RES/2200 (LXI) (25 May 1994) annex para 3.
1992) 11 [57].
146 Part IV — International Materials
Note The United Nations General Assembly has six main committees,
numbered from the First to the Sixth Committee.
9.2.9 Supplement
Note The following abbreviations, which indicate the body under whose
auspices the document was produced, often form the first component
of a UN document number:
Abbreviation Meaning
A General Assembly
CAT/C Committee against Torture
CCPR/C Human Rights Committee
CEDAW/C Committee on the Elimination of
Discrimination against Women
CERD/C Committee on the Elimination of Racial
Discrimination
CRC/C Committee on the Rights of the Child
DP UN Development Programme
E Economic and Social Council
S Security Council
ST Secretariat
TD UN Conference on Trade and Development
UNEP United Nations Environment Programme
Rule The full date of the document should be included in parentheses after
the UN document number.
Where there are multiple dates on a document, the date that appears
directly below the document number should be included.
Where the date of adoption differs from the document date and the date
of adoption is important, the date of adoption may be included after the
full date as follows:
( Full Date , adopted Full Date of Adoption )
(eg ‘(27 July 2001, adopted 14 June 2001)’).
Where there is not a full date on the document, as much of the full date
as appears should be included.
26
Examples Maurice Kamto, Special Rapporteur, Third Report on the Expulsion of
Aliens, UN Doc A/CN.4/581 (19 April 2007) 6 [11].
27 UN GAOR, 5th Comm, 51st sess, 68th mtg, UN Doc A/C.5/51/SR.68
(12 August 1997). [Not: … (4 June 1997).]
28 General and Complete Disarmament, GA Res 49/75, UN Doc
A/RES/49/75 (9 January 1995, adopted 15 December 1994) pt K.
29 Rules of Procedure of the General Assembly, UN Doc A/520/Rev.17
(2008).
9.2.12 Annex
37
Example Letter Dated 5 November 2001 from the Chargé d’affaires ai of the
Permanent Mission of the Syrian Arab Republic to the United Nations
Addressed to the Secretary-General, UN GAOR, 56th sess, Agenda
Items 42, 88 and 166; UN SCOR, 56th sess, UN Docs A/56/601 and
S/2001/1045 (5 November 2001).
38
Examples Human Rights Committee, Views: Communication No 1011/2001,
81st sess, UN Doc CCPR/C/81/D/1011/2001 (26 August 2004) 21 [9.8]
(‘Madafferi v Australia’).
…
40 Madafferi v Australia, UN Doc CCPR/C/81/D/1011/2001 (n 38) 22 [10].
Australian Guide to Legal Citation 155
Where a volume is split into parts, the part number should be included,
UN
Examples The table below sets out example citations of common types of UN
documents. The citations apply the rules above.
Document Type Example
52
General Assembly Prevention of Armed Conflict, GA Res 57/337, UN
Resolution Doc A/RES/57/337 (18 July 2003, adopted 3 July
2003).
Security Council 53 SC Res 827, UN Doc S/RES/827 (25 May 1993).
Resolution
54
Meeting Record UN GAOR, 63rd sess, 55th plen mtg, UN
Doc A/63/PV.55 (19 November 2008).
55
Report of Principal Report of the Economic and Social Council for
Organ 2005, UN Doc A/60/3/Rev.1 (11 July 2007).
Report of Treaty 56 Human Rights Council, Report of the Working
Committee Group on the Universal Periodic Review: Central
African Republic, UN Doc A/HRC/12/2 (4 June
2009).
57
Economic and Basic Program of Work of the Economic and Social
Social Committee Council for 2001, ESC Dec 2001/203, UN ESCOR,
Decision 3rd plen mtg, Supp No 1, UN Doc E/2000/99
(4 February 2000).
58
Secretary- In Larger Freedom: Towards Development,
General’s Report Security and Human Rights for All — Report of the
Secretary-General, UN Doc A/59/2005 (21 March
2005).
59
Secretariat Secretary-General’s Bulletin — Organization of the
Document Office of Central Support Services, UN
Doc ST/SGB/1998/11 (1 June 1998).
Annex 60 Responsibility of States for Internationally
Wrongful Acts, GA Res 56/83, UN
Doc A/RES/56/83 (28 January 2002, adopted
12 December 2001) annex (‘Responsibility of States
for Internationally Wrongful Acts’) art 4(2).
Draft Resolution 61 Draft Resolution — International Cooperation in
the Peaceful Uses of Outer Space, UN
Doc A/C.4/62/L.2 (14 November 2007).
159
ICJ and
Permanent Court of International
PCJ
Justice
Rule The statutes of both the International Court of Justice (‘ICJ’) and the
Permanent Court of International Justice (‘PCIJ’) should be cited as
follows:
Statute of the Court Pinpoint .
The rules of both the ICJ and PCIJ should be cited as follows:
Court , Rules of Court (adopted Full Date ) Pinpoint .
1
Examples Statute of the Permanent Court of International Justice art 22.
2 International Court of Justice, Rules of Court (adopted 14 April 1978) pt 1.
Rule A citation of a decision of the ICJ or PCIJ should include the case name
in italics as it appears on the first page of the report. However:
x ‘The’, ‘Case concerning’ and ‘Case concerning the’ at the start
of a case name and ‘Case’ or ‘Cases’ at the end of a case name
should be omitted;
x ‘Question of the’ and ‘The Question of the’ at the start of an
advisory opinion should be omitted;
x punctuation should adhere to rule 1.6.1 (ie full stops should not
be used in abbreviations); and
x capitalisation should adhere to rule 1.7.
3
Examples Certain Phosphate Lands in Nauru (Nauru v Australia) (Preliminary
Objections) [1992] ICJ Rep 240. [Not: Case concerning Certain Phosphate
Lands …]
4 Fisheries Jurisdiction (Spain v Canada) (Jurisdiction) [1998] ICJ Rep 432.
[Not: Fisheries Jurisdiction Case …]
Rule The names of parties should be italicised and included after the case
name as they appear on the first page of the report (even if in elaborate
form). They should be enclosed within parentheses and separated
by ‘v’.
Where parties do not appear on the first page of the report, their names
should be included in the conventional shortened form (if any exists),
rather than the full elaborate form (eg ‘Zimbabwe’, not ‘Republic of
Zimbabwe’). However, the full form should be used where necessary
to avoid ambiguity.
Where multiple cases are joined together, only the names of the parties
to the first-listed case should be included.
For advisory opinions, ‘(Advisory Opinion)’ should appear instead of
party names.
Australian Guide to Legal Citation 161
5
Examples Application of the Convention on the Prevention and Punishment of the
ICJ and
Crime of Genocide (Bosnia and Herzegovina v Yugoslavia) (Preliminary
PCIJ
Objections) [1996] ICJ Rep 595.
6 North Sea Continental Shelf (Federal Republic of Germany v Denmark)
(Merits) [1969] ICJ Rep 3. [Not: … (Federal Republic of Germany v
Denmark; Federal Republic of Germany v Netherlands) …]
7 Legal Consequences of the Construction of a Wall in the Occupied
Palestinian Territory (Advisory Opinion) [2004] ICJ Rep 136.
10.2.3 Phase
Rule The phase should be italicised and appear in parentheses (after the
parties’ names). It should be included as it appears on the first or second
page of the report, in accordance with chapter 1. However:
x any date in the phase should be omitted;
x where the phase is an order with respect to ‘provisional
measures’, ‘interim measures of protection’ or similar measures,
the phase should appear as ‘(Provisional Measures)’;
x where the phase is an order or judgment with respect to
‘preliminary objections’ or similar matters, the phrase should
appear as ‘(Preliminary Objection)’ or ‘(Preliminary
Objections)’ as appropriate; and
x where the phase is expressed as ‘Jurisdiction of the Court’,
it should appear as ‘(Jurisdiction)’.
For procedural orders of the court on a particular matter, the phase
should be included in the following form:
(Order on Name of Matter )
The name of the matter should appear as it does on the first page of the
case. The name of the subject matter of the application, and not the date
of the order would be used (eg ‘(Order on Application by Malta for
Permission to Intervene)’). However, where the date is the only
description of the order on the first page of the case, the phase should
be included in the following form:
(Order on Full Date )
162 Part IV — International Materials
8
Examples United States Diplomatic and Consular Staff in Tehran (United States of
America v Iran) (Provisional Measures) [1979] ICJ Rep 7, 12 [10]–[11].
[Not: … (Request for the Indication of Provisional Measures) [1979] …]
9 South West Africa (Ethiopia v South Africa) (Preliminary Objections)
[1962] ICJ Rep 319, 378. [Not: … (Ethiopia v South Africa) (Judgment of
21 December 1962) …]
10 Right of Passage over Indian Territory (Portugal v India) (Merits) [1960]
ICJ Rep 6.
11 Asylum (Colombia v Peru) (Judgment) [1950] ICJ Rep 266.
12 Nuclear Tests (New Zealand v France) (Order on Application by Fiji for
Permission to Intervene) [1973] ICJ Rep 324. [Not: … (Order of 12 July
1973 — Application by Fiji for Permission to Intervene) …]
13 Nuclear Tests (New Zealand v France) (Order on 6 September 1973)
[1973] ICJ Rep 341.
Note Cases before the ICJ and PCIJ may involve a number of separate
decisions of the court. The ‘phase’ is the broad characterisation of the
stage of the decision cited in the course of a case. The most common
phases are:
x ‘(Provisional Measures)’;
x ‘(Preliminary Objections)’;
x ‘(Jurisdiction)’;
x ‘(Merits)’; and
x ‘(Judgment)’.
A phase should always be included in a contentious case. Where there
are not multiple phases in a particular contentious case, the phase
‘(Judgment)’ will usually be appropriate.
10.2.4 Year
Rule The year of the volume of the report series in which the case appears
should be included (after the phase) in square brackets.
14
Examples LaGrand (Germany v United States of America) (Judgment) [2001] ICJ
Rep 466.
15 Certain German Interests in Polish Upper Silesia (Germany v Poland)
(Judgment) [1925] PCIJ (ser A) No 6.
Australian Guide to Legal Citation 163
Note The official report series of both the ICJ and PCIJ are organised by year.
ICJ and
The year therefore appears in square brackets (in accordance with
PCIJ
rule 2.2.1).
Rule The report series abbreviation should appear (unitalicised) after the
year.
For decisions of the PCIJ, the letter(s) of the series (‘A’, ‘B’ or ‘A/B’)
should also be included in the form:
(ser Letter(s) of Series )
(eg ‘(ser B)’).
16
Examples Oil Platforms (Islamic Republic of Iran v United States of America)
(Preliminary Objection) [1996] ICJ Rep 803.
17
SS ‘Lotus’ (France v Turkey) (Judgment) [1927] PCIJ (ser A) No 10.
Rule For decisions of the ICJ, the starting page should be included after the
report series abbreviation.
For decisions of the PCIJ, the case number should be included (instead
of a starting page) after the series.
18
Examples Frontier Dispute (Benin v Niger) (Judgment) [2005] ICJ Rep 90.
19 Factory at Chorzów (Germany v Poland) (Merits) [1928] PCIJ (ser A)
No 17.
164 Part IV — International Materials
Note For decisions of the ICJ, the starting page is generally that on which the
judgment begins. The page numbers of the title page and the page
containing information about mode of citation should not be used as the
starting page. (However, the information on mode of citation indicates
the correct starting page in its suggested citation of the decision.)
Decisions of the PCIJ were assigned a sequential number by the Court
(eg ‘No 3’). This number should be used to cite PCIJ decisions because
the page numbering of each decision (even within a series) is
non-consecutive.
20
Examples Railway Traffic between Lithuania and Poland (Advisory Opinion) [1931]
PCIJ (ser A/B) No 42, 109.
21 Barcelona Traction, Light and Power Company Ltd (Belgium v Spain)
(Judgment) [1970] ICJ Rep 3, 5, 9, 10–11.
22 Certain Property (Liechtenstein v Germany) (Preliminary Objections)
[2005] ICJ Rep 6, 19 [26], 20 [31]–[32], 21–5 [34]–[45].
Australian Guide to Legal Citation 165
ICJ and
PCIJ
Rule Where a judgment of the court is referred to, neither a judge’s name nor
‘(The Court)’ should be included.
Where a separate or dissenting opinion or a declaration is referred to,
the name(s) of the relevant judge(s) (if not otherwise apparent) may be
included in parentheses after the pinpoint reference. Judges’ names
should appear in accordance with rule 2.4.1, except that ‘Judge(s)’,
‘President’ and ‘Vice-President’ should be written out in full before
judges’ surnames.
‘Separate Opinion’, ‘Dissenting Opinion’ and ‘Declaration’ (and any
other abbreviations of these terms) should not be included with judges’
names.
23
Examples Interhandel (Switzerland v United States of America) (Preliminary
Objections) [1959] ICJ Rep 6, 78 (President Klaestad).
24 Elettronica Sicula SpA (ELSI) (United States of America v Italy)
(Judgment) [1989] ICJ Rep 15, 98 (Judge Schwebel). [Not: … Dissenting
Opinion of Judge Schwebel). Nor … (Dis Op Judge Schwebel).
Nor … (DO Judge Schwebel).]
25 Avena and Other Mexican Nationals (Mexico v United States of America)
(Judgment) [2004] ICJ Rep 12, 79 (Judge Vereshchetin).
26 Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v
Belgium) (Judgment) [2002] ICJ Rep 3, 63–4 [2]–[3] (Judges Higgins,
Kooijmans and Buergenthal).
Rule Reported pleadings and other material of parties and of the court
originating in proceedings before the ICJ should be cited as follows:
‘ Document Title ’, Case Name ( Parties’ Names )
.[ Year ] ICJ Pleadings Starting Page , Pinpoint
( Speaker’s Name ).
Reported pleadings and other material of parties and of the court
originating in pleadings before the PCIJ should be cited as follows:
‘ Document Title ’, Case Name ( Parties’ Names )
.[ Year ] PCIJ (ser C) No Number , Starting Page , Pinpoint
( Speaker’s Name ).
The title of the document should appear as it does in the source, subject
to chapter 1 of this Guide. Case names and parties’ names should adhere
to rules 10.2.1–10.2.2. The year should be that of the volume cited. If
the title page of a volume does not include a year, the year should be
that of the decision (in that phase) to which the volume relates. Pinpoint
references should adhere to rule 10.2.7 and should be to page numbers.
A speaker’s name (if not otherwise apparent) may be included after a
pinpoint reference. Judges’ names should adhere to rule 10.2.8.
Names of counsel should adhere to rule 2.4.4.
For ICJ pleadings, where more than one volume is published for a case,
the volume number (in Roman numerals) should precede
‘ICJ Pleadings’.
For PCIJ (ser C), the number and the starting page of the document
should be included. Where there are multiple parts within a number, the
part (in Roman numerals) should follow the number, preceded by ‘pt’.
27
Examples ‘Written Statement of the Government of the Kingdom of Denmark’,
Certain Expenses of the United Nations (Advisory Opinion) [1962] ICJ
Pleadings 137.
28 ‘Speech by Dr Budding’, Rights of Minorities in Upper Silesia (Germany v
Poland) [1928] PCIJ (ser C) No 14 pt II, 20, 25–7.
Australian Guide to Legal Citation 167
ICJ and
Paramilitary Activities in and against Nicaragua (Nicaragua v United
PCIJ
States of America) [1986] V ICJ Pleadings 78, 78 (Judge Schwebel),
79 (Professor Glennon).
10.4.1 Decisions
Rule Decisions of the ICJ that are not reported should be cited as follows:
Case Name ( Parties’ Names ) ( Phase ) (International Court of
Justice, General List No Number , Full Date ) Pinpoint .
Case names and parties’ names should adhere to rules 10.2.1–10.2.2.
The general list number should be included as it appears on the page on
which the judgment commences. The full date is that of the judgment.
Pinpoint references should be to paragraphs (and should adhere to
rules 1.1.6–1.1.7). Judges’ names may be included after pinpoints in
accordance with rule 10.2.8.
30
Examples Certain Questions of Mutual Assistance in Criminal Matters (Djibouti v
France) (Judgment) (International Court of Justice, General List No 136,
4 June 2008).
168 Part IV — International Materials
Rule Pleadings and other material of parties and of the court originating in
proceedings before the ICJ that are not reported should be cited as
follows:
‘ Document Title ’, Case Name ( Parties’ Names )
(International Court of Justice, General List No Number ,
Full Date ) Pinpoint .
The title of the document should appear as it does in the source, subject
to chapter 1. Case names and parties’ names should adhere to
rules 10.2.1–10.2.2. The general list number should be included as it
appears on the page on which the judgment commences. The full date
is that of the document cited.
Pinpoint references should adhere to rules 1.1.6–1.1.7 and should be to
paragraph numbers where available (and where these are continuous
across an entire document). Where a document has only page numbers,
pinpoints should be to page numbers. Pinpoint references to verbatim
proceedings (and other transcripts) should be to page numbers.
A speaker’s name (if not otherwise apparent) may be included after a
pinpoint reference. Judges’ names should adhere to rule 10.2.8. Names
of counsel should adhere to rule 2.4.4.
33
Examples ‘Application Instituting Proceedings’, Aerial Herbicide Spraying
(Ecuador v Colombia) (International Court of Justice, General List
No 138, 31 March 2008) 28 [41].
Australian Guide to Legal Citation 169
ICJ and
(Romania v Ukraine) (International Court of Justice, General List No 132,
PCIJ
19 August 2005) [6.21]–[6.22].
35 ‘Verbatim Record’, Dispute regarding Navigational and Related Rights
(Costa Rica v Nicaragua) (International Court of Justice, General List
No 133, 2 March 2009) 12 (Edgar Ugalde-Alvarez).
Rule Short titles for decisions of the ICJ and PCIJ should adhere to
rule 2.1.14. All other materials in this chapter may be given a short title
in accordance with rule 1.4.4.
Subsequent references should be cited in accordance with rule 1.4.1.
‘Ibid’ should be used for all materials in this chapter in accordance with
rule 1.4.3.
36
Examples Reparation for Injuries Suffered in the Service of the United Nations
(Advisory Opinion) [1949] ICJ Rep 174, 178 (‘Reparations’).
37 Ibid 179.
38 ‘Memorial of Nicaragua’, Border and Transborder Armed Actions
(Nicaragua v Costa Rica) [1987] ICJ Pleadings 9, 55.
39 Ibid 56–7.
…
41 Reparations (n 36) 198 (Judge Hackworth).
42 ‘Memorial of Nicaragua’ (n 38) 17.
170
Expropriated
(France v (1920) 2 Hag Crt
Example Religious (Awards) 1 ,4
Portugal) Rep 2d (Scott)
Properties
1
Examples Cordillera of the Andes Boundary (Argentina v Chile) (Report of the
Tribunal Appointed by the Arbitrator) (1902) 9 RIAA 29.
2 Southern Bluefin Tuna (Australia v Japan) (Jurisdiction and Admissibility)
(2000) 23 RIAA 1. [Not: … (Australia and New Zealand v Japan) …]
3 Responsibility for the Deaths of Letelier and Moffitt (United States of
Int Arbitral
Decisions
America v Chile) (Decision) (1992) 25 RIAA 1, 12–13 (Prof Orrego
Vicuña).
(Japan (International 6
Hoshin- (Judg- Case
Example v Tribunal for the August [1]
maru ment) No 14,
Russia) Law of the Sea, 2007)
Name of
Case Parties’ Case Full Pin-
Element Phase Arbitral Body
Name Names Number Date Point
or Tribunal
Int Arbitral
Decisions
6
Examples SD Myers v Canada (Partial Award) (2000) 40 ILM 1408, 1457 (Dr Bryan
Schwartz).
7 Ethyl Corporation v Canada (Award on Jurisdiction) (1998) 38 ILM 708.
8
Chas T Main International Inc v Mahab Consulting Engineers Inc (Award)
(1983) 3 Iran–US CTR 270.
9 Southern Pacific Properties (Middle East) Ltd v Egypt (Decision on
Jurisdiction of 27 November 1985) (1985) 3 ICSID Rep 112, 129–30.
[Not: … 1985) (1983) 3 ICSID Rep 101, 112 …]
10 Southern Pacific Properties (Middle East) Ltd v Egypt (Decision on
Jurisdiction of 14 April 1988) (1988) 3 ICSID Rep 131. [Not: … 1985)
(1983) 3 ICSID Rep 101, 131 …]
11 Azurix Corporation v Argentina (Jurisdiction) (2003) 43 ILM 262, 282.
Enron (ICSID 14
(Juris- Case No
Example Corporation Arbitral January [39]
diction) ARB/01/3,
v Argentina Tribunal, 2004)
Name of
Parties’ Case Full Pin-
Element Phase Arbitral Body
Names Number Date Point
or Tribunal
Rule Short titles should adhere to rule 2.1.14. In accordance with rule 2.1.14,
it may be necessary to give an international arbitral or tribunal decision
Int Arbitral
Decisions
a short title incorporating its phase to distinguish it from other decisions
with the same parties.
Subsequent references should be cited in accordance with rule 1.4.1.
‘Ibid’ should be used for all materials in this chapter in accordance with
rule 1.4.3.
16
Examples Boundary Disputes between India and Pakistan Relating to the
Interpretation of the Report of the Bengal Boundary Commission, 12 and
13 August 1947 (India v Pakistan) (Decisions) (1948) 21 RIAA 3, 13
(‘Boundary Disputes (Decisions)’).
17
Ibid 16.
…
19 Boundary Disputes (Decisions) (n 16) 15.
176
12.1.2 Rules
Rule The rules of international criminal tribunals and courts should be cited
as follows:
Tribunals
Int Crim
Name of Tribunal or Court , Title of Rules ,
Doc No Document Number (adopted Full Date ) Pinpoint .
A document number should be included only where it appears on the
rules. It should be preceded by ‘Doc No’ and adhere to rule 9.2.10.
Where rules have been revised, the full date should be the date of
adoption of the revision.
Pinpoint references should adhere to rule 8.7 and should generally be
to rules and sub-rules.
6
Examples International Criminal Court, Rules of Procedure and Evidence, Doc
No ICC-ASP/1/3 (adopted 9 September 2002) r 74.
7 Mechanism for International Criminal Tribunals, Rules of Procedure and
Evidence, Doc No MICT/1/Rev.1 (adopted 8 June 2012) r 9.
8 Extraordinary Chambers in the Courts of Cambodia, Internal Rules
(adopted 16 January 2015) r 6.
178 Part IV — International Materials
12.2 Cases
(Special
Trial Case No 8
Prosecutor (Sentencing Court for
Examples Chamber SCSL- April [12]
v Sesay Judgement) Sierra
I, 04-15-T, 2009)
Leone,
12.2.2 Phase
Tribunals
12
Examples 3URVHFXWRUY%ODãNLþ'HFLVLRQRQWKH3URVHFXWLRQDQG'HIHQFH0RWLRQV
Int Crim
Dated 25 January 1999 and 25 March 1999 Respectively) (International
Criminal Tribunal for the Former Yugoslavia, Trial Chamber I, Case
No IT-95-14-T, 22 April 1999) 4.
13 3URVHFXWRUY$O%DVKLU:DUUDQWRI$UUHVW(International Criminal Court,
Pre-Trial Chamber I, Case No ICC-02/05-01/09, 4 March 2009).
[Not: … :DUUDQWRI$UUHVWIRU2PDU+DVVDQ$KPDG$O%DVKLU…]
12.2.3 Court
Rule The name of the court should be included in its commonly used
shortened form (if any exists), not its full elaborate form.
12.2.4 Chamber
15
Examples 3URVHFXWRU Y 7DGLü -XGJHPHQW (International Criminal Tribunal for the
Former Yugoslavia, Appeals Chamber, Case No IT-94-1-A, 15 July 1999).
16 Prosecutor v Ntaganda (Warrant of Arrest) (International Criminal Court,
Pre-Trial Chamber I, Case No ICC-01/04-02/06, 22 August 2006).
Note The International Criminal Court has three types of chambers: Pre-Trial
Chambers, Trial Chambers and Appeals Chambers. Other international
criminal tribunals and courts often have one or several Trial Chambers
and an Appeals Chamber. Such chambers are typically numbered using
Roman numerals (eg ‘Trial Chamber II’).
Rule The case number should be preceded by the words ‘Case No’.
Otherwise, it should adhere to rule 9.2.10. In particular:
x the case number should appear as it does on the judgment cited
(including any component specific to that document, where
available);
x full stops should not be used in abbreviations, though should be
reproduced if they are used within a case number; and
x where there are multiple case numbers, all should be included
(preceded by ‘Case Nos’).
17
Examples Prosecutor v Renzaho (Decision on Motion for Extension of Time for the
)LOLQJ RI 1RWLFH RI $SSHDO DQG %ULHI LQ 5HSO\ (International Criminal
Tribunal for Rwanda, Appeals Chamber, Case No ICTR-97-31-A,
22 September 2009) [6].
18 Prosecutor v Kunarac (Judgement) (International Criminal Tribunal for
the Former Yugoslavia, Trial Chamber II, Case Nos IT-96-23-T and
IT-96-23/1-T, 22 February 2001).
Australian Guide to Legal Citation 181
Note The case number should be that assigned by the relevant international
criminal tribunal or court.
Rule As much of the full date of the judgment as appears in the judgment
should be included.
19
Example Prosecutor v Kambanda (Decision Ordering the Continued Detention)
(International Criminal Tribunal for Rwanda, Trial Chamber I, Case
Tribunals
Int Crim
No ICTR-97-23-T, 1 May 1998).
21
Examples 3URVHFXWRUY-HOLVLü (Judgement) (International Criminal Tribunal for the
Former Yugoslavia, Trial Chamber I, Case No IT-95-10-T, 14 December
1999) [105]. [Not: … [105] (The Court). Nor … [105] (Judges Jorda, Riad
and Rodrigues).]
182 Part IV — International Materials
Tribunals
Int Crim
‘Ibid’ should be used for all materials in this chapter in accordance with
rule 1.4.3.
26
Examples International Criminal Tribunal for the Former Yugoslavia, Rules of
Procedure and Evidence, Doc No IT/32/Rev.44 (adopted 10 December
2009) (‘ICTY Rules’).
…
28 ICTY Rules (n 26) r 3(F).
29 Serushago v Prosecutor (Reasons for Judgment) (International Criminal
Tribunal for Rwanda, Appeals Chamber, Case No ICTR-98-39-A,
6 April 2000) (‘Serushago Appeal’).
30 Ibid [21]–[22].
…
32 Serushago Appeal (n 29) [27].
184
1
Examples Marrakesh Agreement Establishing the World Trade Organization, opened
for signature 15 April 1994, 1867 UNTS 3 (entered into force 1 January
1995).
2 Marrakesh Agreement Establishing the World Trade Organization, opened
for signature 15 April 1994, 1867 UNTS 3 (entered into force 1 January
1995) annex 1A (‘General Agreement on Tariffs and Trade 1994’) art I(1)
(‘GATT 1994’).
Australian Guide to Legal Citation 185
Note Annexes 1A and 4 to the Marrakesh Agreement both contain more than
one agreement or understanding. It is thus necessary to include the
name of the relevant agreement or understanding at the end of the
citation when referring to WTO agreements or understandings other
than the Marrakesh Agreement itself (to avoid ambiguity).
Implementation of
Materials
Paragraph 6 of the (2 (Decision of
Int Econ
WTO Doc para
Example Doha Declaration on September 30 August
WT/L/540 2(a)
the TRIPS Agreement 2003) 2003)
and Public Health,
Where there is not a full date in the document, as much of the full date
as appears should be included. The date of adoption (if any) may be
included in addition to the full date in the form:
( Full Date of Document , adopted Full Date of Adoption )
A document description should be omitted if it does not appear in the
WTO document.
Pinpoint references to resolutions, decisions, declarations, waivers and
other documents in the nature of a treaty should adhere to rule 3.1.4
(and the pinpoint abbreviations in that rule should be used).
Pinpoint references to documents in the nature of secondary sources
should adhere to rules 1.1.6–1.1.7 and pinpoint references should be to
paragraphs (in square brackets).
Annexes and schedules may be cited in accordance with rule 9.2.12.
4
Examples China — Tariff Rate Quotas for Certain Agricultural Products, WTO
Docs WT/DS517/1 and G/L/1171 (21 December 2016) (Request for
Consultations by the United States).
5 Doha Work Programme, WTO Doc WT/MIN(05)/DEC (22 December
2005, adopted 18 December 2005) (Ministerial Declaration)
para 50(1).
6 Notification, WTO Doc G/TBT/N/BHR/188 (24 February 2010) [7].
7 Cuba — Article XV:6, WTO Doc WT/L/1003 (12 December 2016)
(Decision on Extension of Waiver) paras 1–2, 4.
8 Accession of the People’s Republic of China, WTO Doc WT/L/432
(23 November 2001) (Decision of 10 November 2001) annex 7
(‘Reservations by WTO Members’).
Materials
Rule A WTO panel report, Appellate Body report or decision of the arbitrator
Int Econ
should be cited as shown above.
The document description should be ‘Panel Report’, ‘Appellate Body
Report’ or ‘Decision by the Arbitrator’ as appropriate.
The case name should appear in italics and be included as it appears in
the report, subject to chapter 1. In particular:
x punctuation should adhere to rule 1.6 (ie full stops should not be
used in abbreviations); and
x capitalisation should adhere to rule 1.7.
Case names of subsequent stages in proceedings between the same
parties should include the second subtitle in the report, preceded by an
em-dash (eg ‘— Recourse to Article 21.5 by …’ or ‘— Recourse to
Arbitration by … under …’).
A date of adoption may be included in accordance with rule 13.1.2.
Where a report has not been adopted, ‘unadopted’ may be included after
the full date, preceded by a comma (eg ‘(12 May 2007, unadopted)’).
A citation of the Dispute Settlement Reports (‘DSR’) may be included
after the full date. It should appear in the form:
DSR Year : Volume , Starting Page
(eg ‘DSR 1999:III, 1377’).
188 Part IV — International Materials
(Opening
Meeting of 19–20 GATT Doc (24 October
Example Remarks by [4]
October 1983, CG.18/W/77 1983)
Chairman)
The title and full date (including any date of adoption) should adhere to
rule 13.1.2.
The document number should adhere to rule 13.1.2, but should be
included only if it appears in the document. If there is no document
number, a comma should not follow the document title.
The document description should adhere to rule 13.1.2 (ie should be
included only if it appears in the document). However, if the document
description includes the full date, that date should be omitted from the
description.
Where a document is reproduced in Basic Instruments and Selected
Documents (abbreviated ‘GATT BISD’), a citation of GATT BISD
should be included after the full date. Citations of documents in the
original volumes of GATT BISD should appear as follows (with the
Materials
Int Econ
volume number in Roman numerals):
GATT BISD Volume No / Starting Page
(eg ‘GATT BISD I/120’).
Citations of GATT BISD supplements should appear as follows:
GATT BISD Supplement No S/ Starting Page
(eg ‘GATT BISD 31S/114’).
Pinpoint references should adhere to rule 13.1.2. However, where a
document does not have paragraph numbers, pinpoint references should
be to page numbers. There should be no punctuation between the full
date and the pinpoint. However, where a citation of GATT BISD is
included, a comma should precede the pinpoint reference.
14
Examples Communication from the Republic of the Philippines — Revised
Conditional Offer by the Philippines on Initial Commitments on Trade in
Services, GATT Doc MTN.GNS/W/131/Rev.1/Corr.1 (16 October 1992)
(Corrigendum).
15 Agreement on Trade in Civil Aircraft — Status of Acceptances on 1 July
1980, GATT Doc AIR/12 (2 July 1980) (Note by the Secretariat) 2–3.
16
Waiver in Respect of the Trust Territory of the Pacific Islands (8 September
1948) (Decision) GATT BISD II/9 para 2.
17 Report on the 1993 Consultation with the Republic of South Africa,
GATT Doc BOP/R/211 (30 July 1993) [5].
190 Part IV — International Materials
Note Some early GATT documents do not have a GATT document number.
Where possible, such documents should be cited in GATT BISD.
GATT BISD was first published in volumes I to IV. A revised volume
of GATT BISD I (denoted ‘IR’) was also published. In 1952, the first
Supplement (GATT BISD 1S) was published, and publication of GATT
documents continued in the Supplements.
Rule GATT Panel reports should be cited in the same manner as WTO panel
reports (in accordance with rule 13.1.3). However, GATT BISD
references should appear instead of DSR references where available
(and should adhere to rule 13.2.1).
In accordance with rule 13.1.3, even where a GATT BISD reference is
included, pinpoint references should be to paragraph numbers, which
should appear in square brackets.
19
Examples GATT Panel Report, United States — Taxes on Petroleum and Certain
Imported Substances, GATT Doc L/6175 (5 June 1987, adopted 17 June
1987) GATT BISD 34S/136, [4.1.1]–[4.1.4].
20 GATT Panel Report, EEC — German Exchange Rate Scheme for Deutsche
Airbus, GATT Doc SCM/142 (4 March 1992, unadopted) [5.9].
Rule Investment and trade treaties (such as bilateral investment treaties and
free trade agreements) should be cited in accordance with chapter 8.
Investor–state arbitrations should be cited in accordance with
chapter 11.
Australian Guide to Legal Citation 191
21
Examples North American Free Trade Agreement, Canada–Mexico–United States of
America, signed 17 December 1992, [1994] CTS 2 (entered into force 1
January 1994) art 2005.
22 United Parcel Service of America Inc v Canada (Merits) (North American
Free Trade Agreement Chapter 11 Arbitral Tribunal, 24 May 2007) [119].
Materials
Int Econ
WTO and GATT documents may be given a short title in accordance
with rule 1.4.4. Subsequent references should then take the form:
Short Title , WTO/GATT Doc Document Number
(n Footnote Number ) Pinpoint .
WTO panel reports, Appellate Body reports or decisions by the
arbitrator or GATT panel reports may be given a short title in
accordance with rule 1.4.4. Subsequent references should include the
document description (the name of the reporting body) before the short
title and should be cited as follows:
Name of the Reporting Body , Short Title , WTO/GATT Doc
Document Number (n Footnote Number ) Pinpoint .
‘Ibid’ should be used for all materials in this chapter in accordance with
rule 1.4.3.
…
27 Ministerial Declaration on Trade in Information Technology Products,
WTO Doc WT/MIN(96)/16 (13 December 1996) (‘Information
Technology Agreement’).
…
29 Information Technology Agreement, WTO Doc WT/MIN(96)/16 (n 27)
para 2.
30
Appellate Body Report, United States — Measures Relating to Zeroing and
Sunset Reviews — Recourse to Article 21.5 of the DSU by Japan, WTO
Doc WT/DS322/AB/RW (18 August 2009, adopted 31 August 2009)
(‘US — Zeroing (Article 21.5 — Japan)’).
31 Ibid [160].
…
33 Appellate Body Report, US — Zeroing (Article 21.5 — Japan), WTO
Doc WT/DS322/AB/RW (n 30) [162].
193
14 Supranational Materials
Materials
Supranat
May 1963, 479 UNTS 39 (entered into force 13 September 1963).
4 Constitutive Act of the African Union, opened for signature 11 July 2000
(entered into force 26 May 2001).
5 Statute of the Inter-American Court of Human Rights (entered into force
1 January 1980).
Council
Directive
93/13/EEC of 5
, art
Example April 1993 on [1993] OJ L 95 /29
3(1)
Unfair Terms in
Consumer
Contracts
Materials
Supranat
Notified by France Pursuant to Article 95(5) of the EC Treaty [2003]
OJ L 1/72, 79.
7 Notice for the Attention of Ghuma Abd’rabbah concerning His Inclusion in
the List Referred to in Articles 2, 3 and 7 of Council Regulation (EC)
No 881/2002 Imposing Certain Specific Restrictive Measures Directed
against Certain Persons and Entities Associated with Usama bin Laden,
the Al-Qaida Network and the Taliban [2009] OJ C 230/29,
paras 3(a), 4, 6.
8 Parliament and Council Directive EU/2015/1535 of 9 September 2015
Laying Down a Procedure for the Provision of Information in the Field of
Technical Regulations and of Rules on Information Society Services
(Codification) [2015] OJ L 241/1, art 3(2).
9 European Parliament — 2008–2009 Session — Sittings of 20 to 23
October 2008 — Strasbourg — Minutes — Proceedings of the Sitting
[2009] OJ C 3 E/1.
10 Regulation (EEC) No 2005/70 of the Commission of 6 October 1970 on the
Classification of Vine Varieties [1970] OJ L 224/1; [1970] OJ Spec Ed 623,
art 2(1), annex.
11 Contract Notice — Switzerland-Chur: Engineering Services [2016]
OJ S 240.
196 Part IV — International Materials
Note The Official Journal of the European Communities became the Official
Journal of the European Union on 1 February 2003. Both, as well as
previous equivalent publications, are abbreviated ‘OJ’.
Within the EU, legislative acts include regulations, directives and
decisions of the various organs (other than EU courts).
The OJ Spec Ed is a non-binding official translation of some documents
published in the OJ into the languages of non-member states or states
to whom the document does not apply. From 1 January 1974, the
official OJ was published in English, obviating the need to refer to the
OJ Spec Ed from this date.
Materials
Supranat
Treaty Establishing the European EA EAEC Treaty
Atomic Energy Community
See the ‘notes’ section for an explanation on the use of these short titles.
Where the fact of amendment is important, or when referring to a
foundational EU treaty after amendment by a specific intermediate
amending treaty, amendment information may be included
(in accordance with rule 3.8) in the form:
Citation of Foundational EU Treaty , as amended by
Citation of Amending Treaty .
The dates of opening for signature and entry into force for all
foundational EU treaties should adhere to rule 8.3 (so should be those
of the treaty as made), regardless of whether the treaty is referred to as
in force or historically.
198 Part IV — International Materials
12
Examples Treaty on European Union, opened for signature 7 February 1992, [2009]
OJ C 115/13 (entered into force 1 November 1993) (‘EU’). [cited as
amended]
13 Treaty on the Functioning of the European Union, opened for signature
7 February 1992, [2009] OJ C 115/199 (entered into force 1 November
1993) (‘FEU’). [cited as amended]
14 Treaty Establishing the European Atomic Energy Community, opened for
signature 25 March 1957, 298 UNTS 167 (entered into force 1 January
1958) (‘EA’). [cited as amended]
15 Treaty on European Union, opened for signature 7 February 1992, [1992]
OJ C 191/1 (entered into force 1 November 1993) (‘Treaty on European
Union’). [cited historically]
16 Treaty Establishing the European Community, opened for signature 7
February 1992, [1992] OJ C 224/6 (entered into force 1 November 1993)
(‘EC Treaty’). [cited historically]
17 Treaty Establishing the European Economic Community, opened for
signature 25 March 1957, 298 UNTS 11 (entered into force 1 January 1958)
(‘EEC Treaty’).
18 Treaty Instituting the European Coal and Steel Community, signed 18 April
1951, 261 UNTS 140 (entered into force 23 July 1952) (‘ECSC Treaty’).
[cited historically]
19 Treaty on European Union, opened for signature 7 February 1992, [1992]
OJ C 191/1 (entered into force 1 November 1993), as amended by Treaty
of Amsterdam Amending the Treaty on European Union, the Treaties
Establishing the European Communities and Certain Related Acts, opened
for signature 2 October 1997, [1997] OJ C 340/1 (entered into force 1 May
1999).
20 Treaty Establishing the European Community, opened for signature
7 February 1992, [1992] OJ C 224/6 (entered into force 1 November 1993),
as amended by Treaty of Nice Amending the Treaty on European Union,
the Treaties Establishing the European Communities and Certain Related
Acts, opened for signature 26 February 2001, [2001] OJ C 80/1 (entered
into force 1 February 2003).
21 Treaty on European Union, opened for signature 7 February 1992, [1992]
OJ C 191/1 (entered into force 1 November 1993) art 2, as amended by
Treaty of Lisbon Amending the Treaty on European Union and the Treaty
Establishing the European Community, opened for signature 13 December
2007, [2007] OJ C 306/1 (entered into force 1 December 2009) art 1(4).
Australian Guide to Legal Citation 199
Note The system of short titles used in this rule is adapted from that used by
the European Court of Justice, due to the amendment and renumbering
of the provisions in the various constitutive EU treaties. The Treaty of
Amsterdam (with effect from 1 May 1999) renumbered several
provisions of the Treaty on European Union and the EC Treaty. The
Treaty of Nice (with effect from 1 February 2003) inserted several new
provisions into both treaties. The Treaty of Lisbon (with effect from 1
December 2009) recast the EC Treaty as the Treaty on the Functioning
of the European Union and substantially amended and renumbered the
Treaty on European Union.
The ECSC Treaty is commonly known as the ‘Treaty of Paris’. The
EEC Treaty is commonly known as the ‘Treaty of Rome’. The Treaty on
European Union is commonly known as the ‘Treaty of Maastricht’.
Materials
Supranat
Examples
Vainker v European , II-
(T-48/01) [2004] ECR-SC II-197
Parliament 207
The case number (including the prefixes ‘C-’ for cases decided by the
ECJ, ‘T-’ for cases decided by the General Court, and ‘F-’ for cases
decided by the European Union Civil Service Tribunal) should be
included after the parties’ names in parentheses.
Decisions not reported in the ECR/ECR-SC should be cited as follows:
Parties Names’ ( Name of Court/Tribunal , Case Number ,
Full Date ) Pinpoint .
The name of the court should be included as it appears on the decision.
The ECLI (if available), including the letters ‘ECLI’, should be
included after the case number, preceded and followed by a comma.
Pinpoint references should be to paragraphs.
22
Examples Grad v Finanzamt Traunstein (C-9/70) [1970] 2 ECR 825, 833.
23 Huawei Technologies Co Ltd v ZTE Corporation (Court of Justice of the
European Union, C-170/13, ECLI:EU:C:2015:477, 16 July 2015) [9].
24 O’Casey v Commission of the European Communities (T-184/94) [1998]
1 ECR-SC II-565, II-577–8 [52]–[54].
Note Until December 2009, the CJEU was known as the ‘European Court of
Justice’ (‘ECJ’) and the General Court was the ‘Court of First Instance
of the European Communities’ (‘CFI’).
Decisions of the Court of Justice are published in Reports of Cases
before the Court and, since 1990, Reports of Cases before the Court of
Justice and the Court of First Instance (both abbreviated ‘ECR’).
Decisions of the General Court are published (from 1990) in Reports of
Cases before the Court of Justice and the Court of First Instance.
Since 2012, the case reports are only published digitally and are the
authorised version.
Since 1995, cases between staff and EU institutions heard by the CFI
and (since its creation in 2005) the European Union Civil Service
Tribunal are reported in European Court Reports — Reports of
European Community Staff Cases (abbreviated ‘ECR-SC’). Judgments
are printed in Section II of the ECR-SC. (Section I summarises
decisions and orders. It is preferable to cite Section II, unless the case
in Section II is not in an accessible language.) Since 2010, the case
reports are only published digitally and are the authorised version.
Australian Guide to Legal Citation 201
Rule The Statute of the Council of Europe should be cited (in accordance
with chapter 8) as follows:
Statute of the Council of Europe, opened for signature 5 May 1949,
87 UNTS 103 (entered into force 3 August 1949).
The Convention for the Protection of Human Rights and Fundamental
Freedoms (commonly known as the ‘European Convention on Human
Rights’ or ‘ECHR’) should be cited as follows:
Convention for the Protection of Human Rights and Fundamental
Freedoms, opened for signature 4 November 1950, 213 UNTS 221
(entered into force 3 September 1953), as amended by
Relevant Amending Protocol .
Citations of substantive protocols should include details of
Materials
Supranat
amendments in the same manner. Citations of amending protocols
should adhere to chapter 8 (and the ETS should be the treaty series
cited, where available).
26
Examples Convention for the Protection of Human Rights and Fundamental
Freedoms, opened for signature 4 November 1950, 213 UNTS 222 (entered
into force 3 September 1953), as amended by Protocol No 14 to the
Convention for the Protection of Human Rights and Fundamental
Freedoms, Amending the Control System of the Convention, opened for
signature 13 May 2004, CETS No 194 (entered into force 1 June 2010).
27 Protocol to the Convention for the Protection of Human Rights and
Fundamental Freedoms, opened for signature 20 March 1952, ETS No 9
(entered into force 18 May 1954), as amended by Protocol No 11 to the
Convention for the Protection of Human Rights and Fundamental
Freedoms, opened for signature 11 May 1994, ETS No 155 (entered into
force 1 November 1998).
Wemhoff v Federal
Eur Court
Republic of (1968) 7 23
HR (ser A)
Examples Germany
28
Examples Boujlifa v France [1997] VI Eur Court HR 2250, 2264.
Materials
Supranat
29 The Observer v United Kingdom (1991) 216 Eur Court HR (ser A) 10–11.
[Not: The Observer and The Guardian v United Kingdom …]
30 Loizidou v Turkey (Preliminary Objections) (1995) 310 Eur Court HR
(ser A).
31 MSS v Belgium [2011] I Eur Court HR 255.
32 Nasri v France (1995) 320-B Eur Court HR (ser A) 28 (Judge Pettiti).
33 S v United Kingdom (European Court of Human Rights, Grand Chamber,
Application Nos 30562/04 and 30566/04, 4 December 2008) [125].
34 ‘The Case of Gerard Richard Lawless — Memorial Submitted by the
European Commission of Human Rights’, Lawless v Ireland [1960–61]
Eur Court HR (ser B) 193, 201.
Note Until the end of 1995, judgments of the European Court of Human
Rights were published in Series A: Judgments and Decisions
(abbreviated ‘Eur Court HR (ser A)’), which is organised by volume.
The pagination begins again for each case (that is, in each volume or in
each part of a volume denoted by a letter).
204 Part IV — International Materials
14.4.1 Decisions
Gonzales (Inter-American 1
Series C
Example Lluy v (Judgment) Court of September [32]
No 298,
Ecuador Human Rights, 2015)
Materials
Supranat
x ‘(Jurisdiction)’/‘(Admissibility)’;
x ‘(Merits)’;
x ‘(Reparations)’;
x ‘(Costs)’; and
x ‘(Judgment)’
As much of the full date of the judgment as appears in the judgment
should be included.
A case number should be cited where available. The case number may
be cited as ‘Case No’, ‘App No’ or ‘Series No’ where appropriate to
reflect the case numbers adopted by the relevant supranational court or
tribunal.
Pinpoint references should adhere to rules 1.1.6–1.1.7 and should be to
paragraph numbers where available (and where these are continuous
across an entire document). Where a document has only page numbers,
pinpoints should be to page numbers.
36
Examples Omary v Tanzania (Merits) (African Court on Human and Peoples’ Rights,
App No 001/2012, 3 June 2016).
206 Part IV — International Materials
Rights and
Guarantees of
Children in the
(Inter-American 19
Context of (Advisory Series A
Example Court of August [190]
Migration Opinion) No 21,
Human Rights, 2014)
and/or in Need
of International
Protection
Rule The title of the advisory opinion should appear in italics. Where the
supranational court or tribunal’s name is mentioned in the title of the
advisory opinion, the court or tribunal’s name should be omitted where
it would normally appear before the case number.
As much of the full date of the judgment as appears in the judgment
should be included.
The document number may be cited as ‘Series No’, ‘Doc No’,
‘Request No’ or by other iterations where so named by the institution
or where appropriate.
Pinpoint references should adhere to rules 1.1.6–1.1.7 and should be to
paragraph numbers where available (and where these are continuous
across an entire document). Where a document has only page numbers,
pinpoints should be to page numbers.
Australian Guide to Legal Citation 207
39
Examples Control of Due Process in the Exercise of the Powers of the Inter-American
Commission on Human Rights (Articles 41 and 44 to 51 of the American
Convention on Human Rights) (Advisory Opinion) (Inter-American Court
of Human Rights, Series A No 19, 28 November 2005) [14].
40
Request for Advisory Opinion by the African Committee of Experts on the
Rights and Welfare of the Child before the African Court on Human and
People’s Rights (Advisory Opinion) (Request No 002/2013, 5 December
2014) [6].
Rule Rules of supranational courts and tribunals (other than those of the
European Union) should be cited as follows:
Court , Rules of Court/Procedure (adopted Full Date ) Pinpoint .
Pinpoint references should adhere to rule 8.7 and should generally be
to rules or sub-rules.
41
Examples African Court on Human and Peoples’ Rights, Rules of Court (adopted
Materials
Supranat
2 June 2010) r 3(1).
42 Inter-American Court of Human Rights, Rules of Procedure (adopted
24 November 2000) art 48(2).
Rule Pleadings and other material of parties and of the court originating in
proceedings before supranational courts and tribunals (other than in the
European Union) should be cited as follows:
‘ Document Title ’, Parties’ Names or Title ( Court , Case Number ,
Full Date ) Pinpoint .
The title of the document should appear as it does in the source, subject
to chapter 1. The parties’ names or title of the proceeding and the case
number should adhere to rules 14.4.1–14.4.2. The full date is that of the
document cited.
208 Part IV — International Materials
Parliament, Council,
3rd parl, 1st ord sess,
Session, Meeting, etc
Pinpoint Reference 1
The document title should appear in italics. If the document does not
have a title, the title may be omitted.
If parliament or other session numbers exist, as much of the information
as possible should be included in the citation.
As much of the full date as appears in the document itself should be
included.
44
Examples Assembly of the African Union, Decision on the Scale of Assessment
and Alternative Sources of Financing the African Union, Doc
No Assembly/AU/Dec.578(XXV), 25th ord sess, 14–15 June 2015.
[Not: African Union, Assembly of the African Union…]
45
African Union, African Commission on Human and Peoples’ Rights,
Principles and Guidelines on the Right to a Fair Trial and Legal Assistance
in Africa, Doc No DOC/OS(XXX)247, 2003.
46 African Union Commission of Inquiry on South Sudan, Final Report of the
African Union Commission of Inquiry on South Sudan, 15 October 2014,
14.
47 Chairman of the ASEAN Standing Committee on the Situation in the
Materials
Supranat
Korean Peninsula, Statement by the Chairman of the ASEAN Standing
Committee on the Situation in the Korean Peninsula at the ASEAN Foreign
Ministers’ Informal Meeting, Karambunai, Sabah, Malaysia, 19 March
2003. [Not: Association of Southeast Asian Nations, Chairman of the
ASEAN Standing Committee on the Situation in the Korean Peninsula…]
48 Association of Southeast Asian Nations, Secretary-General, Dr Surin
Pitsuwan’s Remarks at the Ceremony for the Deposit of Myanmar’s
Instrument of Ratification of the ASEAN Charter, 21 July 2008.
49 Organization of American States, Inter-American Commission on Human
Rights, Report on Admissibility: Raul Rolando Romero Feris, Doc
No OEA/Ser.L/V/II.Doc.5, 152nd extraord period sess, 29 January 2015.
50 Organization of American States, General Assembly, Declaration on the
Question of the Malvinas Islands, Doc No AG/DEC 72 (XLIII-O/13),
43rd regular session, 4–6 June 2013, 3.
210 Part IV — International Materials
Rule Short titles for treaties and subsequent references to treaties should
adhere to rule 8.8.
Short titles for judicial decisions should adhere to rule 2.14. Subsequent
references for judicial decisions should adhere to rule 1.4.1.
EU documents and documents of other supranational bodies may be
given a short title in accordance with rule 1.4.4. Subsequent references
should then take the form:
Short Title (n Footnote Number ) Pinpoint .
‘Ibid’ should be used for all materials in this chapter in accordance with
rule 1.4.3.
51
Examples Convention for the Protection of Human Rights and Fundamental
Freedoms, opened for signature 4 November 1950, 213 UNTS 221 (entered
into force 3 September 1953), as amended by Protocol No 11 to the
Convention for the Protection of Human Rights and Fundamental
Freedoms, opened for signature 11 May 1994, ETS No 155 (entered into
force 1 November 1998) (‘ECHR’).
52 African Union, African Commission on Human and Peoples’ Rights,
Principles and Guidelines on the Right to a Fair Trial and Legal Assistance
in Africa, Doc No DOC/OS(XXX)247, 2003 (‘Guidelines to a Fair Trial’).
…
54 ECHR (n 51) art 6.
55 Guidelines to a Fair Trial (n 52) 4.
56
El Boujaïdi v France [1997] VI Eur Court HR 1980, 1994 (Judge Foighel)
(‘El Boujaïdi’).
…
58 El Boujaïdi (n 56) 1992–3.
59 Directive 2003/71/EC of the European Parliament and of the Council of 4
November 2003 on the Prospectus to Be Published When Securities Are
Offered to the Public or Admitted to Trading and Amending Directive
2001/34/EC [2003] OJ L 345/64 (‘European Prospectus Directive’).
…
61 European Prospectus Directive (n 59) art 3(2).
211
15 Canada
15.1 Cases
1
Example R v Sharpe [2001] 1 SCR 45.
Note When citing cases from foreign jurisdictions, it may be useful to include
the name of the court in a citation (in accordance with rule 2.2.6) where
the court is not otherwise apparent. However, this is unnecessary for
references to the Supreme Court Reports (abbreviated ‘SCR’) and other
report series specific to a particular court.
Canada
a semi-official provincial report series or an unofficial report series,
such as the Dominion Law Reports (abbreviated ‘DLR’), should be
cited.
2
Examples Eli Lilly Canada Inc v Apotex Inc [2008] 2 FCR 636.
3 Aktiebolaget Hassle v Apotex Inc [1988] 1 FC 360.
4 The Coca-Cola Co of Canada Ltd v The Pepsi-Cola Co of Canada Ltd
[1938] Ex CR 263.
5 Bangoura v Washington Post (2005) 258 DLR (4th) 341 (Ontario Court of
Appeal).
212 Part V — Foreign Domestic Materials
Notes Only federal Canadian reports are authorised. Those series are:
Court Abbreviation Years
Supreme Court of Canada SCR 1876–
Canadian Federal Courts FC 1971–2003
FCR 2004–
Exchequer Court of Canada Ex CR 1875–1970
15.2 Legislation
Statute Volume
Element Title Year Chapter Pinpoint
and Jurisdiction
15.2.1 Title
Rule Canadian statute titles should adhere to rule 3.1.1, but should be
followed by a (non-italic) comma. ‘The’ should be omitted from the
beginning of a statute title.
6
Example Agri-Food Amendment Act, SS 1997, c 27. [Not: The Agri-Food …]
Canada
Ontario O
Prince Edward Island PEI
Province of Canada Prov C
Quebec Q
Saskatchewan S
Upper Canada UC
Yukon Territory Y
7
Examples Criminal Code, RSC 1985, c C-46, s 515.
8 Controlled Drugs and Substances Act, SC 1996, c 19, s 4.
9 Escheats Act, RSO 1980, c 142. [Not: … RS O 1980, …]
214 Part V — Foreign Domestic Materials
15.2.3 Year
Rule The year (or span of years) of the statute volume should be followed by
a comma.
A session number (eg ‘3rd Sess’) should be included after the year if
more than one parliamentary session occurred in that year and the
statute volume is divided by session (with non-consecutive chapter
numbering). A supplement number (eg ‘2nd Supp’) should be included
after the year where a statute appears only in a supplement to the RS.
Session and supplement numbers should be ordinal and should adhere
to rule 1.10.1 (ie letters in ordinal numbers should be superscript).
Session or supplement numbers should appear in parentheses. If a
session or supplement number is included, the year should not be
followed by a comma and the session or supplement number should be
followed by a comma.
10
Examples Clean Air Act, SNB 1997, c C-5.2.
11 Criminal Law Amendment Act, RSC 1985 (1st Supp), c 27.
12 An Act to Amend the Essential Services Emergency Act 1966, SS 1970
(2nd Sess), c 1.
15.2.4 Chapter
Rule The chapter number of the statute (including any letters) should be
included. Letters and numbers forming the chapter number should be
separated by a hyphen.
‘Chapter’ should be abbreviated ‘c’.
13
Examples Arthur Wishart Act (Franchise Disclosure), SO 2000, c 3.
14 Interpretation Act, RSC 1985, c I-21.
Australian Guide to Legal Citation 215
15.3 Constitutions
15.3.1 Federal
Canada
Canada Act 1982 (UK) c 11, sch B pt I (‘Canadian Charter of
Rights and Freedoms’).
Rule Unrevised federal regulations are published in the Statutory Orders and
Regulations (abbreviated ‘SOR’). They should be cited as follows:
Title , SOR/ Year - Regulation Number , Pinpoint .
Until 1999, only the last two digits of the year should be included.
From 2000, the full year should be included.
Pinpoint references should adhere to rules 3.1.4–3.1.7 and 3.4.
19
Examples Regulations Amending the Food and Drug Regulations, SOR/98-580.
20 Sex Offender Information Registration Regulations (Canadian Forces),
SOR/2008-247, s 2.
Australian Guide to Legal Citation 217
British BC Reg
Columbia Regulation No / Year
(‘BC Reg 278/2008’)
New NB Reg
Canada
Brunswick Year* - Regulation No
(‘NB Reg 2006-23’)
Yukon YOIC
Territory Year / Regulation No
(‘YOIC 1995/87’)
* Only the last two digits of the year should be used for regulations prior to
2000.
† Only the last two digits of the year should be used.
15.5 Other
Rule For further information on the citation of other Canadian materials, see
the latest edition of the Canadian Guide to Uniform Legal Citation.
Canada
220
16 China
Note The rules in this chapter should be used when citing Chinese language
materials. Published translations of Chinese primary materials should
be cited in accordance with rule 26.1.2 and rule 16.1 in this chapter.
Examples In the document, the word ‘interior’ (‘␔⦿’) is used instead of ‘China’
to reflect the fact that Hong Kong and Macau are part of the
People’s Republic of China. [Not: … the word ‘interior’ (‘neidi’) …]
[Original: ␔⦿]
__________
1
«₼◝ⅉ㺠␀✛⦌㈹䘾兞㿝≒扪㽤» [Circular Economy Promotion Law
of the People’s Republic of China] (People’s Republic of China) National
People’s Congress Standing Committee, Order No 4, 29 August 2008,
art 2.
2
«₼◝ⅉ㺠␀✛⦌㔳䏶㽤» [Passport Law of the People’s Republic of
China] (People’s Republic of China) National People’s Congress Standing
Committee, Order No 50, 29 April 2006.
Australian Guide to Legal Citation 221
16.2 Cases
The title of the report series should be translated into English where
possible. Otherwise, it should be transliterated into pinyin.
Examples 3 «␃₩枅嫛ㄎね⒕嫛䂀⧂ゑ㧉⧉匰㦘棟⏻⚇⊮㷍⚗⚛儯兆㫗»
[Guangzhou Branch of Industrial Bank Co Ltd v Shenzhen Airport Co
Ltd — Loan Contract Dispute Case] [2009] 11 ₼◝ⅉ㺠␀✛⦌㦏浧ⅉ㺠
㽤棱⏻㔴 [Gazette of the Supreme People’s Court of the People’s Republic
China
of China] 30, 36.
4 «㡌㉯嗲♦忎㫗» [Shi Zhengrong — Case of Taking Bribes] [2009] 4
₼◝ⅉ㺠␀✛⦌㦏浧ⅉ㺠㭏棱⏻㔴 [Gazette of the Supreme People’s
Procuratorate of the People’s Republic of China] 28, 29.
Note When citing cases from foreign jurisdictions, it may be useful to include
the name of the court at the end of a citation in parentheses where it is
not otherwise apparent (in accordance with rule 2.2.6).
222 Part V — Foreign Domestic Materials
Examples 8
«₼◝ⅉ㺠␀✛⦌⚗⚛㽤» [Contract Law of the People’s Republic of
China] (People’s Republic of China) National People’s Congress, Order
No 15, 15 March 1999.
9 «₼◝ⅉ㺠␀✛⦌䓸㧒㽤» [Property Law of the People’s Republic of
China] (People’s Republic of China) National People’s Congress, Order
No 62, 16 March 2007.
10 «╂┷捷␂ℝ←₩勛ぴ㿐┷啴桽欧䤓抩䩴» [Notice of Ministry of
Labour on Several Issues Concerning the Movement of Employees of
Enterprises] (People’s Republic of China) Ministry of Labour, 31 October
1996.
11 «囦⇫㶙㽤» [Copyright Act] (Republic of China) Legislative Yuan,
10 February 2010, art 10.
12 «䶻225/2002壮嫛㟎栆⸧㔈䯉» [Order No 225/2002 of the Chief
Executive’s Office] (Macau) 9 October 2002, 䉂栏䔈⒴嫛㟎●⏻⫀—
䶻俓[Macau Special Administrative Region Gazette — Part 2], Order
No 223/2002, 15 October 2002, 1088.
Note Legislative materials can take the form of codes, national laws,
regulations, notices, guidelines or other governmental determinations.
Older legislative acts often do not have an order, decree or opinion
number.
Materials from Hong Kong should be cited in English in accordance
with chapter 19.
16.3.2 Constitutions
Where a source includes a Chinese title and an English title, both should
be included in a citation. The English title should be italicised where
appropriate.
226 Part V — Foreign Domestic Materials
Rule Author names should be included as they appear on the source (in
simplified or traditional Chinese characters or pinyin). The
capitalisation and order of surnames and given names should not be
changed from that in the source.
If a name appears in Chinese characters, a transliteration into pinyin
should be included in square brackets after the characters.
Subsequent references should adhere to rule 1.4.1. However, the full
name of the author should always be included. If the name appears in
Chinese characters, both the characters and the pinyin transliteration
should be included in subsequent references.
‘Ibid’ should be used for all materials in this chapter in accordance with
rule 1.4.3.
China
228
17 France
Note The rules in this chapter should be used when citing French language
primary materials. Published translations of French primary materials
should be cited in accordance with rule 26.1.2.
17.1 Cases
The title of the law generally includes a number (preceded by ‘no’) and
a date (preceded by ‘du’). Laws are gazetted in the Journal officiel
(abbreviated ‘JO’).
Translations of elements appearing in French should adhere to
rule 25.1.1 (ie should appear in square brackets after the element
translated).
5
Examples Loi no 91-662 du 13 juillet 1991 [Law No 91-662 of 13 July 1991] (France)
JO, 19 July 1991, 9521.
6 Décret no 95-221 du 27 février 1995 [Decree No 95-221 of 27 February
1995] (France) JO, 2 March 1995, 3350.
17.2.2 Codes
17.2.3 Constitution
9
Example La Constitution du 4 octobre 1958 [French Constitution of 4 October 1958]
art 2.
231
18 Germany
Note The rules in this chapter should be used when citing German language
primary materials. Published translations of German primary materials
should be cited in accordance with rule 26.1.2.
18.1 Cases
Note The preferred report series of German final courts of appeal are as
follows:
Court Name of Court in Report Series
English Abbreviation
Bundesverfassungsgericht Federal Constitutional BVerfGE
Court
Bundesgerichtshof — Federal Court of Justice BGHSt
Strafsachen — Criminal Matters
Bundesgerichtshof — Federal Court of Justice BGHZ
Zivilsachen — Civil Matters
Bundessozialgericht Federal Social Court BSGE
Bundesfinanzhof Federal Finance Court BFHE
Bundesarbeitsgericht Federal Labour Court BAGE
18.2.2 Codes
18.2.3 Constitution
9
Example Grundgesetz für die Bundesrepublik Deutschland [Basic Law for the
Federal Republic of Germany] art 8(1).
Germany
234
19 Hong Kong
19.1 Cases
Rule Hong Kong cases should be cited accordance with chapter 2. However,
names of individuals (both parties and judicial officers) should
generally appear in full.
1
Examples Ng Ka Ling v Director of Immigration [1999] 1 HKLRD 315.
2 Victor Chandler (International) Ltd v Zhou Chu Jian He (2007) 12 HKPLR
595, 601 [24] (Court of First Instance).
3 Penny’s Bay Investment Co Ltd v Director of Lands [2009] 1 HKC 391.
4 Hong Kong Special Administrative Region v Lau Wai Wo (2003) 6
HKCFAR 624.
5
Discovery Bay Services Management Ltd v David Buxhaum [1995]
HKDCLR 7, 9 (Downey J).
6 Faithway Enterprise Ltd v Lee Wan [2007] HKCA 175.
Note The Hong Kong Law Reports and Digest (abbreviated ‘HKLRD’), the
Hong Kong Court of Final Appeal Reports (abbreviated ‘HKCFAR’)
and the Hong Kong Law Reports (abbreviated ‘HKLR’) are authorised
report series, so should be cited where available. Commonly cited
unauthorised law report series is the Hong Kong Cases (abbreviated
‘HKC’), which should be cited where no authorised series is available.
When citing cases from Hong Kong, it may be useful to include the
name of the court in a citation (in accordance with rule 2.2.6).
Names of individuals should generally appear in full in Hong Kong
decisions to ensure that individuals are unambiguously identified. If
given names are not necessary to identify an individual, they may be
omitted.
Australian Guide to Legal Citation 235
Hong Kong
19.2.1 Principal and Delegated Legislation
19.2.2 Constitution
10
Example Basic Law of the Hong Kong Special Administrative Region of the People’s
Republic of China art 4.
236
20 Malaysia
20.1 Cases
Notes When citing cases from Malaysia, it may be useful to include the name
of the court in a citation (in accordance with rule 2.2.6).
Names of individuals should generally appear in full in Malaysian
decisions to ensure that individuals are unambiguously identified. If
given names are not necessary to identify an individual, they may be
omitted.
Rule In Malaysia, the most commonly used and authoritative law report
series is the Malayan Law Journal (abbreviated ‘MLJ’), which should
be cited where possible.
Where a case is not reported in the MLJ, the Current Law Journal
(abbreviated ‘CLJ’) should be cited where possible.
Australian Guide to Legal Citation 237
3
Examples Polygram Records Sdn Bhd v The Search [1994] 3 MLJ 127,
140 (Sinnadurai J) (High Court of Malaya).
4 TAM Abdul Aziz & Co v Shamsudeen Mohamed John [1951] 1 MLJ 141,
141 (Murray-Aynsley CJ) (Court of Appeal).
5 PP v Segaran S Mathavan [2010] 2 CLJ 121 (High Court of Malaya).
Malaysia
Note The Malayan Law Journal contains both journal articles and cases from
the Federal Court, Court of Appeal and High Court. Until 1965,
volumes of the Malayan Law Journal were organised by volume. From
1966, the volumes are organised by year.
Note Although some online databases do so, Malaysian courts do not allocate
medium neutral citations. Medium neutral citations should thus not be
used for unreported Malaysian cases, in accordance with rule 2.3.1.
20.2.2 Constitution
9
Example Federal Constitution (Malaysia) art 5.
239
21 New Zealand
21.1 Cases
1
Example Haylock v Patek [2009] 1 NZLR 351.
Zealand
New
Note When citing cases from New Zealand, it may be useful to include the
name of the court in a citation (in accordance with rule 2.2.6) where the
court is not otherwise apparent.
Rule The New Zealand Law Reports (abbreviated ‘NZLR’), which are
authorised, should be cited where possible in accordance with rule
2.2.2.
Where a case is not reported in the NZLR, an unofficial report series
should be cited (where available).
2
Examples Buchanan v Jennings [2000] NZAR 113 (Randerson and Neazor JJ) (High
Court of New Zealand).
3 Gloken Holdings Ltd v The CDE Co Ltd (1997) 6 NZBLC ¶99-418, 102272.
4
Edinburgh Realty Ltd v Scandrett (2016) 18 NZCPR 23.
5 G v P [2015] NZFLR 423.
6 Glaxo Group Ltd v Apotex NZ Ltd (1994) 30 IPR 665 (High Court of New
Zealand).
7 Housing New Zealand Corporation v Sharp Electrical Services Ltd (2015)
22 PRNZ 434.
8 Brown v New Zealand Basing Ltd [2018] 1 NZLR 245, 263 [40] (Young J
for Young and Glazebrook JJ) (Supreme Court of New Zealand).
240 Part V — Foreign Domestic Materials
Rule Where a case is unreported and has been assigned a medium neutral
citation by the court, it should be cited in accordance with rule 2.3.1.
The following medium neutral unique court identifiers for New
Zealand courts should be used from the years indicated:
Court Unique Court Identifier Years
Supreme Court NZSC 2005–
Court of Appeal NZCA 2007–
High Court NZHC 2012–
Employment Court NZEmpC 2010–
Environment Court NZEnvC 2010–
Family Court NZFC 2012–
Note Some New Zealand tribunals also assign medium neutral citations to
their decision. Such medium neutral citations should be used only
where the tribunal itself has assigned that citation.
Rule Decisions of the 0ƗRUL Land Court and the 0ƗRUL Appellate Court
should be cited as follows:
Parties’ Names — Block Name ( Year ) Case Number
Registry Minute Book Abbreviation Starting Page , Pinpoint .
Australian Guide to Legal Citation 241
:KHUHPLQXWHERRNUHIHUHQFHVDUHXQDYDLODEOH0ƗRUL/DQG&RXUWDQG
0ƗRUL $SSHOODWH &RXUW GHFLVLRQV VKRXOG EH FLWHG DV unreported
Zealand
New
decisions (in accordance with rule 2.3).
Pinpoint references should adhere to rule 2.2.5. Names of judicial
officers should adhere to rule 2.4.1.
13
Examples O’Rorke v Hohaia — Pukekohatu 7B Block (2006) 173 Aotea MB 114,
117 [12]–[13] (Judge Harvey).
14 Taipari v Hauraki Maori Trust Board (2008) 114 Hauraki MB 34.
Note The block name is usually preceded by the words ‘In the matter of’ in
0ƗRUL /DQG &RXUW DQG 0ƗRUL $SSHOODWH &RXUW GHFLVLRQV DQG WKRVH
words should be omitted in citations).
Minute books are divided according to registry.
15
Example Waitangi Tribunal, Maori Electoral Option Report (Wai 413, 1994)
37 [5.1].
Note The ‘Wai number’ is used to identify reports of the Waitangi Tribunal
and should be included where it is available.
242 Part V — Foreign Domestic Materials
21.2.1 Statutes
Rule New Zealand statutes should be cited in accordance with rule 3.1. The
jurisdiction should be abbreviated ‘NZ’.
16
Example Habeas Corpus Act 2001 (NZ).
21.3 Other
Rule For further information on the citation of New Zealand materials, see
the latest edition of the New Zealand Law Style Guide.
243
22 Singapore
22.1 Cases
Singapore
1
Examples Re Econ Corp Ltd [2004] 1 SLR(R) 273.
2 Lim Choo Suan Elizabeth v Goh Kok Hwa Richard [2009] 4 SLR(R) 193,
201–2 [15]–[16] (Woo Bih Li J) (High Court).
3 Virtual Map (Singapore) Pte Ltd v Singapore Land Authority [2009] 2
SLR(R) 558, 563 (Andrew Phang Boon Leong JA for the Court) (Court of
Appeal).
Note When citing cases from Singapore, it may be useful to include the name
of the court in a citation (in accordance with rule 2.2.6).
Names of individuals should generally appear in full in Singaporean
decisions to ensure that individuals are unambiguously identified. If
given names are not necessary to identify an individual, they may be
omitted.
Rule The authoritative report series for cases from 1965 is the Singapore Law
Reports (Reissue) (abbreviated ‘SLR(R)’) and from 2010 is the
Singapore Law Reports (abbreviated ‘SLR’). For cases prior to 1965,
the Malayan Law Journal (abbreviated ‘MLJ’) should be cited.
4
Examples ACB v Thomson Medical Pte Ltd [2017] 1 SLR 918.
5 Loo Seong Thye v Goh Teik Yah [1964] 1 MLJ 346.
244 Part V — Foreign Domestic Materials
Note Singapore Law Reports (‘SLR’) for the years between 1965 to 2009
were re-edited and published under volumes called Singapore Law
Reports (Reissue) (‘SLR(R)’). The Supreme Court of Singapore’s
Practice Direction No 4 of 2009: Citation of Judgments — Singapore
Law Reports (Reissue) states that the preferred report series between
1965 to 2009 is the SLR(R) report series. SLR(R) should be cited in
preference to SLR for these years. SLR should be cited for all other
years (ie from 2010 onwards).
Preferred Report Series Abbreviation Years
Singapore Law Reports (Reissue) SLR(R) 1965–2009
Singapore Law Reports SLR 2010–
Rule Where a decision is unreported and has been assigned a medium neutral
citation by the court, it should be cited in accordance with rule 2.3.1.
The following unique court identifiers should be used:
Court Unique Court Years
Identifier
Supreme Court of Singapore — SGCA 2003–
Court of Appeal
Supreme Court of Singapore — SGHC 2003–
High Court
Singapore District Court SGDC 2001–
Singapore Magistrates’ Court SGMC 2001–
Singapore Juvenile Court SGJC 2001–
Singapore Small Claims Tribunal SGSCT 2001–
Note The Supreme Court of Singapore consists of the High Court and the
Court of Appeal.
Australian Guide to Legal Citation 245
Singapore
Legislation and subsidiary legislation that has not been assigned a
chapter number or been revised (as well as historical statutes and
subsidiary legislation that preceded chapter numbering) should be cited
as follows:
Title Year (Singapore) Pinpoint .
The year is that in which the statute was passed or the subsidiary
legislation was promulgated originally (and should adhere to
rule 3.1.2).
9
Examples Adoption of Children Act (Singapore, cap 4, 1985 rev ed) s 5.
10 Land Titles Act (Singapore, cap 157, 1994 rev ed) pt III.
11 Rules of Court (Singapore, cap 322, 2006 rev ed) ord 10 r 1.
12 Road Traffic (Motor Vehicles, Driving Licences) (Amendment) Rules 2010
(Singapore).
13 Land Titles Ordinance 1956 (Singapore) ss 28(2)(b)–(e).
22.3 Other
23 South Africa
23.1 Cases
South Africa
1
Examples Christian Education South Africa v Minister of Education [1999] 2 SA 83
(Constitutional Court).
2
Mahlangu v De Jager [2000] 3 SA 145 (Land Claims Court).
3 Belvedere Sugar Co (Pty) Ltd v Sugar Industry Central Board [1962] 1 SA
221, 230 (Williamson JP).
4
S v Zinn [1969] 2 SA 537, 540 (Rumpff JA) (Appellate Division).
5
Soller No v G [2003] 5 SA 430, 437–8 [22]–[27] (Satchwell J) (Local
Division). [Not: … (Witwatersrand Local Division).]
Note ‘S’ is commonly used as an abbreviation for ‘State’ where the state is a
party to a criminal case.
The High Court of South Africa replaced the local and provincial
divisions of the Supreme Court of South Africa in 1997. The Supreme
Court of Appeal replaced the Appellate Division of the Supreme Court
in 1996.
248 Part V — Foreign Domestic Materials
The names of other courts (such as the Magistrates’ Court, Land Claims
Court, Labour Court, Labour Appeal Court and Competition Appeal
Court) may be included as appropriate. Specific geographical locations
should be omitted from such names.
Rule South Africa does not have authorised reports of judicial decisions. The
most commonly used report series is the South African Law Reports
(abbreviated ‘SA’), which should be cited where possible.
6
Example S v Manamela [2000] 3 SA 1 (Constitutional Court).
Note Decisions of the Supreme Court and High Court of Namibia and the
Supreme Court and High Court of Zimbabwe are reported in the SA
and should be cited in accordance with this rule.
Australian Guide to Legal Citation 249
South Africa
North West NW
Northern Cape NC
Western Cape WC
23.2.2 Constitutions
Rule The constitutions of South Africa and its provinces should be cited as
regular legislation (in accordance with rule 23.2.1).
10
Example Constitution of the Republic of South Africa Act 1996 (South Africa) ch 8.
250 Part V — Foreign Domestic Materials
24 United Kingdom
24.1 Cases
Kingdom
United
Rule The Law Reports, published by the Incorporated Council of Law
Reporting for England and Wales, should be cited where available.
The abbreviations for commonly used series in the Law Reports (and
predecessor series) are in the table on the following page. Where ‘LR’
appears in an abbreviation, the volume number should be included
between ‘LR’ and the rest of the abbreviation (eg ‘LR 7 QB’, not
‘7 LR QB’).
252 Part V — Foreign Domestic Materials
3
Examples Beevis v Dawson [1957] 1 QB 195.
4 Astley v Micklethwait (1880) 15 Ch D 59.
5 Skinner v Orde (1871) LR 4 PC 60.
6 The Winkfield [1902] P 42.
7 JA Pye (Oxford) Ltd v Graham [2003] 1 AC 419.
Australian Guide to Legal Citation 253
Note The nominate reports, published between 1537 and 1865, are reports
that were published under the name of the reporter. Many of the
nominate reports have been compiled and reprinted. The first reprint
was published as the RR. The subsequent (and preferred) reprint is
the ER.
Kingdom
United
Rule Scottish cases should be cited in accordance with rule 24.1. However,
in report series organised by year, square brackets should not enclose
the year.
11
Examples Logan v Harrower 2008 SLT 1049.
12 Fraser v Professional Golfers Association Ltd 1999 SCLR 1032.
13 Shepherd v Howman 1918 JC 78.
14 West v Secretary of State for Scotland 1992 SC 385.
15 Brown v Hamilton District Council 1983 SC (HL) 1.
254 Part V — Foreign Domestic Materials
Kingdom
22 Ashley v Scottish Football Association Ltd [2016] CSOH 78. [Not: Petition
United
by Michael Ashley for Judicial Review of Determinations of a Judicial
Panel and Appellate Tribunal of the Scottish Football Association Limited
[2016] CSOH 78.]
23 The Jag Pooja [2018] EWHC 389 (Admlty).
24 Nautical Challenge Ltd v Evergreen Marine (UK) Ltd [2017] EWHC 453
(Admlty).
256 Part V — Foreign Domestic Materials
Rule Judges’ names should be included in accordance with rule 2.4.1 (ie may
be included after a pinpoint reference where the judge’s name is not
otherwise apparent) and rules 2.4.2–2.4.3 and 4.1.5. The abbreviations
of judicial titles in the table below should be used in addition to or
instead of those in rule 2.4.1. However, those titles marked with an
asterisk should always appear before the judge’s name.
Judicial Title Abbreviation/Title
Baron of the Exchequer B
Baroness Baroness*
Chancellor C
Chief Baron CB
Circuit Judge Judge*
District Judge DJ
Deputy President of the Supreme Court of the DPSC
United Kingdom
Justice of the High Court J
Lord Chancellor LC
Lord Chief Justice, Chief Justice of the Common CJ
Pleas, Chief Justice of the King’s Bench, Chief
Justice of the Queen’s Bench
Lord Commissioner Lord Commissioner*
Lord of Appeal Lord*
Lord/Lady Justice of Appeal LJ
Master Master*
Master of the Rolls MR
President of the Family Division of the High Court P
President of the Supreme Court of the United PSC
Kingdom
Recorder Recorder*
Registrar Registrar*
Justice of the Supreme Court of the United JSC
Kingdom
Vice-Chancellor V-C
25 Ivey v Genting Casinos (UK) Ltd [2017] 3 WLR 1212, 1215–19 [2]–[27]
(Lord Hughes JSC, Baroness Hale PSC, Lord Kerr JSC and Lords
Neuberger and Thomas agreeing).
24.2 Legislation
Kingdom
United
‘The’ should be omitted from the beginning of a statute title.
For pre-19th century statutes that do not include a short title, the short
title given in Great Britain, Chronological Table of the Statutes
(Stationery Office, 2017) or equivalent online publications should be
included (instead of the long title appearing in the statute itself).
26
Examples Human Rights Act 1998 (UK) s 6(1).
27 Government of Wales Act 1998 (UK). [Not: Government of Wales Act
(UK) …]
28 Staple Act 1435, 14 Hen 6, c 2. [Not: The Staple Act 1435, …]
29 Private (See of Dublin) Act 1705, 4 & 5 Anne c 13. [Not: An Act for Making
Effectual a Grant of Their Late Majesties King William and Queen Mary
of the Town and Lands of Seatown to the Archbishoprick of Dublin and for
Restoring the Same to the Said See 1705, …]
258 Part V — Foreign Domestic Materials
24.2.2 Jurisdiction
Rule For statutes enacted before 1 January 1963, the regnal year and chapter
should be included. These should not be included for statutes enacted
from this date.
Australian Guide to Legal Citation 259
Kingdom
United
James Jac John John
Mary Mary Philip and Mary Ph & M
Richard Ric Victoria Vict
William Wm William and Mary Wm & M
Note Regnal years are listed in Mick Woodley (ed), Osborn’s Concise Law
Dictionary (Sweet & Maxwell, 12th ed, 2013) and Ray Finkelstein and
David Hamer (eds), LexisNexis Concise Australian Legal Dictionary
(LexisNexis Butterworths, 5th ed, 2015).
260 Part V — Foreign Domestic Materials
Undersized Bass
Example (UK) SI 2007/809 , ord 6
Order 2007
Element Title Jurisdiction Instrument Number Pinpoint
39
Examples Fertilisers (Amendment) Regulations 1998 (UK) SI 1998/2024. [Not: The
Fertilisers (Amendment) Regulations 1998 …]
40 Aden Colony Order 1936 (UK) SR & O 1936/1031.
41
Outer Space Act 1986 (Gibraltar) Order 1996 (UK) SI 1996/1916.
42 Work at Height Regulations (Northern Ireland) 2005 (NI) SR 2005/279.
43 Scottish Register of Tartans Fees Order 2009 (Scot) SI 2009/6.
44 Magistrates’ Courts (International Criminal Court) (Forms) Rules 2001
(UK) SI 2001/2600, r 4.
Kingdom
United Kingdom, Cobbett’s Parliamentary History of England,
United
Year , vol Volume Number col Column Number .
‘United Kingdom’ should be replaced with the appropriate polity
shown in the volume of parliamentary debates.
In all such citations, a speaker’s name may be included in accordance
with rule 7.5.1.
45
Examples United Kingdom, Parliamentary Debates, House of Commons,
16 February 1998, vol 306, col 778 (Jack Straw).
46 United Kingdom, Parliamentary Debates, House of Lords, 3 May 2007,
vol 691, col 1158 (Baroness Morgan).
47 England, Cobbett’s Parliamentary History of England, 1558, vol 1,
col 633.
262 Part V — Foreign Domestic Materials
48
Examples United Kingdom, Report of the Commissioners of Prisons for the Year 1949
(Cmd 8088, 1950) 16.
49 Department for Transport (UK), Low Carbon Transport: A Greener Future
— A Carbon Reduction Strategy for Transport (Cm 7682, 2009) 18.
24.5 Other
Rule For further information on the citation of other UK materials, see the
latest edition of the Oxford University Standard for the Citation of
Legal Authorities (‘OSCOLA’).
Kingdom
United
264
25.1 Cases
Bush v
Examples 885 So 2d 321 , 336 (Fla, 2004)
Schiavo,
Rule Parties’ names should adhere to rule 2.1. However, they should be
followed by a (non-italic) comma.
Commas within company names before ‘Inc’, ‘Corp’ and other words
indicating incorporation should be omitted.
1
Examples Roper v Simmons, 543 US 551, 567 (2005).
2 Zapatha v Dairy Mart Inc, 381 Mass 284, 289 (Mass, 1980). [Not: Zapatha
v Dairy Mart, Inc, …]
25.1.2 Volume
Rule The volume number of the report series should appear after the case
name.
3
Example Brearley School Ltd v Ward, 94 NE 1001, 1002 (NY, 1911).
Rule The name of the report series should adhere to rule 2.2.2 (ie should be
abbreviated using the list of abbreviations in appendix A). Any series
number (eg ‘2d’, ‘3d’, ‘4th’) should be included as it appears in
appendix A.
For federal decisions, an authorised (or ‘official’) report series should
be cited where available. For state decisions, a regional reporter should
be cited where available. Otherwise, the state authorised report series
or an unofficial report series should be cited.
For citations of US Supreme Court decisions prior to 1875 (that is,
pre-‘90 US’), a parallel citation to the early American report series in
which the decision appears should be included as follows:
Volume in US Series US ( Volume in Early American Reporter
Name of Early American Reporter ) Starting Page
(eg ‘17 US (4 Wheat) 316’).
4
Examples Bush v Gore, 531 US 98 (2000). [Not: Bush v Gore, 121 S Ct 525 (2000).]
5 Loveladies Harbor Inc v United States, 28 F 3d 1171 (Fed Cir, 1994).
6 Stevenson v Shalcross, 205 F 286 (3rd Cir, 1913).
7 Tracy v Beaufort County Board of Education, 335 F Supp 2d 675 (D SC,
2004).
8
Freightliner LLC v Whatley Contract Carriers LLC, 932 So 2d 883 (Ala,
2005).
9 City of Sedan v Church, 29 Kan 190 (1883).
10 Winchester v Hackley, 6 US (2 Cranch) 342 (1805). United
States
Note Authorised reports of the US Supreme Court are published in the ‘US’
series. Early American reports were reproduced in that series. The
pagination of the early American report series is the same as that of the
US series.
Authorised reports of the federal United States Courts of Appeals are
published in the ‘F’ series (‘F’, ‘F 2d’, ‘F 3d’, etc).
Authorised reports of the federal United States District Courts (federal
courts of first instance) are published in the ‘F Supp’ series (‘F Supp’,
‘F Supp 2d’, ‘F Supp 3d’, etc).
266 Part V — Foreign Domestic Materials
Regional reporters, which are published by West, are the various series
of the Atlantic Reporter (abbreviated ‘A’), the North Eastern Reporter
(abbreviated ‘NE’), the North Western Reporter (abbreviated ‘NW’),
the Pacific Reporter (abbreviated ‘P’), the South Eastern Reporter
(abbreviated ‘SE’), the Southern Reporter (abbreviated ‘So’) and the
South Western Reporter (abbreviated ‘SW’).
State authorised report series usually have as their abbreviation the
abbreviation of their state listed in rule 25.1.5.2.
Rule The first page of the case should be included after the report series
abbreviation in accordance with rule 2.2.4.
Pinpoint references should adhere to rule 2.2.5. In particular:
x a comma should precede any pinpoint reference;
x where the pinpoint reference is to the first page of the case, the
page number should be repeated; and
x for reported cases, pinpoint references should be to page
numbers and may include paragraph references in addition.
11
Examples Kansas v Hendricks, 521 US 346, 356–7 (1996).
12 State v Aponte, 738 A 2d 117, 134 (McDonald J) (Conn, 1999).
Rule A citation to a decision of the US Supreme Court should not include the
name of the court.
The Courts of Appeals should be referred to by their numbered circuit
(‘1st Cir’, ‘2nd Cir’, etc). The United States Court of Appeals for the
District of Columbia Circuit should be abbreviated ‘DC Cir’.
The United States Court of Appeals for the Federal Circuit should be
abbreviated ‘Fed Cir’.
For district court cases, an abbreviated form of the district
(abbreviated ‘D’), but not the division, should be included. Each US
state is either an entire federal district, abbreviated:
D State Abbreviation
(eg ‘D Del’).
or divided into multiple districts, abbreviated:
Abbreviation of District Type D State Abbreviation
(eg ‘CD Cal’).
Common abbreviations of district types are:
District Type Abbreviation District Type Abbreviation
Northern ND Western District WD
District
Southern SD Central District CD
District
Eastern District ED Middle District MD
United
States
18 Abbott v Moore Business Forms Inc, 439 F Supp 643 (D NH, 1977).
19 Huggins v Fulton, 505 F Supp 7 (MD Tenn, 1980).
20 Sheppard v Union Pacific Railroad Co, 357 F Supp 2d 1180 (ED Mo,
2005). [Not: (ED Mo ED, 2005) nor (ED Mo Eastern Division, 2005).]
Note The US Supreme Court sits at the apex of the federal court structure.
Circuit courts are intermediate appellate courts. Each ‘circuit’ contains
a number of ‘districts’. District courts are federal courts of first
instance. Districts are sometimes divided into ‘divisions’, the
abbreviation of which appears after the district abbreviation
(eg ‘CD Cal ED’ is ‘Central District of California Eastern Division’). It
is not necessary to include the division in a citation.
Rule An abbreviated form of the jurisdiction (that is, the name of the state)
followed by the conventional abbreviated name of the court (‘Sup Ct’,
‘Ct App’, etc) should be included. However:
x the jurisdiction should not be included if it is apparent from the
title of the report series; and
x the name of the court should not be included if it is the highest
court in the state.
(Neither the jurisdiction nor the name of the court should therefore be
included if the jurisdiction is apparent from the report series and the
court is the highest court in the state.)
The abbreviations for US states (that is, the jurisdiction) and the name
of the highest court in each state are:
State Highest Court Abbreviation
Alabama Supreme Court Ala
Alaska Supreme Court Alaska
Arizona Supreme Court Ariz
Arkansas Supreme Court Ark
California Supreme Court Cal
Colorado Supreme Court Colo
Connecticut Supreme Court Conn
Delaware Supreme Court Del
Australian Guide to Legal Citation 269
21
Examples Brogdon v State, 467 SE 2d 598 (Ga Ct App, 1996).
22 Poire v CL Peck/Jones Brothers Construction Corporation Inc, 46 Cal Rptr
2d 631 (Ct App, 1995).
23 Burr v Maclay Rancho Water Co, 98 P 260 (Cal, 1908).
25.1.6 Year
Rule The year of the decision should appear after the jurisdiction and court
name in the parentheses.
If neither the jurisdiction nor the court name is included, the year should
appear in parentheses after the starting page or any pinpoint reference.
24
Examples People v Eaves, 512 NW 2d 1 (Mich Ct App, 1994).
25 Felder v Casey, 487 US 131, 142 (Brennan J) (1988).
29
Examples Re Gault , 387 US 1, 13–14, 27–8 (Fortas J) (1967).
30 City of Birmingham v Citigroup Inc (ND Ala, No CV-09-BE-467-S, 19
August 2009) 3 (Bowdre J).
31 Werth v Taylor, 475 NW 2d 426, 430 (Neff PJ) (Mich Ct App, 1991).
272 Part V — Foreign Domestic Materials
Note Both federal and state laws in the US are compiled into codes
(collections of statute arranged according to subject matter). In
accordance with rule 25.3, codes should generally be cited in preference
to session laws (statutes as enacted).
Rule Generally, the title of a statute should not be included if the statute is
reported in a code. The title (as it appeared in the session laws) may be
included where:
x the statute is usually cited with its title;
x the title would assist in identifying the statute; or
x the title is otherwise important.
Where a statute title is included, it should be italicised and followed by
a (non-italic) comma. Where the title of the statute includes a year, this
should be retained in the title. ‘The’ should be omitted from the
beginning of a statute title.
If a statute title is included, an original pinpoint (that is, the title,
chapter, volume or section number cited in the session laws) may also
be included after the statute name. If an original pinpoint is included,
there should be no comma between the statute title and the original
pinpoint, and the original pinpoint should be followed by a comma.
Australian Guide to Legal Citation 273
32
Examples 35 USC § 102 (2012).
33 Federal Deposit Insurance Act, 12 USC §§ 1811–35a (2006).
34 Securities Exchange Act of 1934, 15 USC §§ 78a–78jj (1934).
35 National Environmental Policy Act of 1969 § 102, 42 USC § 4332 (2000).
Rule If the code is divided into titles, chapters, volumes, etc, that contain
non-consecutively numbered sections, paragraphs, articles, etc, the
number of the title, chapter, volume, etc, should be included. Where the
numbering of sections, articles, paragraphs, etc, across an entire code
is continuous, the title, chapter, volume, etc, number should be omitted.
For the federal USC and unofficial federal codes, the title number
should precede the abbreviated code name (eg ‘14 USC’).
For state codes, the title, chapter, volume, etc, number should appear as
it does in the code cited. Generally, it appears after the abbreviated code
name as part of a decimal pinpoint reference (eg ‘§ 63.155’ refers to
section 155 within chapter 63). However, it may also appear before the
abbreviated code name (eg ‘1 Pa Con Stat § 1991’ refers to section 1991
within title 1).
36
Examples 5 USC § 6 (1958).
37 Wis Stat § 944.21(2)(c) (2005). [Not: 944 Wis Stat § 21(2)(c) (2005).]
38 Mass Gen Laws ch 33 § 4 (2016).
39 735 Ill Comp Stat 5/2-201 (2009).
United
States
40
11 Del Code Ann § 464 (2010).
Note The federal United States Code (abbreviated ‘USC’) is divided into
titles. It is necessary to indicate the title number (before the abbreviated
code name) when citing the USC, because the section numbers are non-
consecutively numbered (that is, they begin again in each title). For
example, 42 USC and 36 USC each contain a (different) § 3.
274 Part V — Foreign Domestic Materials
When citing the federal Internal Revenue Code, ‘26 USC’ may be
replaced with ‘IRC’. For subject matter codes, the subject area should
be included as it appears (and using any abbreviation) in the code itself.
41
Examples 7 USC § 852 (2006).
42 40 USCA § 6134 (2010).
43 Haw Rev Stat § 281-32.
44 Ga Code Ann § 3-2-11 (West 2009).
45 IRC § 25A(a) (2006).
46 Cal Evid Code § 312 (Deering 2008).
When citing an entire statute within a code, the span of sections (or, for
state codes, the chapter, volume, etc) containing the statute should be
included.
Australian Guide to Legal Citation 277
47
Examples 19 USC § 58 (1970).
48 Alaska Stat §§ 4.06.010–4.06.110 (2009).
49 Or Rev Stat ch 153 (2007).
50 Occupational Safety and Health Act of 1970, 29 USC §§ 651–78 (2000).
Note In state codes, pinpoint references are commonly decimal, with full
stops (eg ‘§ 4.4.2’), hyphens (eg ‘§ 722-124’) or colons (eg ‘§ 18:203’)
between the component numbers making up the pinpoint.
Rule When citing an unofficial state code, the name of the publisher, editor
or compiler of the code should appear before the year (and any
supplement information) in parentheses. In addition, when citing the
codes listed in the table in rule 25.2.3, the publisher’s name should be
included if it appears in the table.
There should be no punctuation between the publisher’s name and the
year.
100
Examples W Va Code Ann § 19-11-8 (LexisNexis 2008).
101 NJ Stat Ann § 6:1-2 (West 2009).
Rule The year in which the version of the code cited was published (not
necessarily the year of enactment of the relevant provision) should
United
States
appear in parentheses.
When referring to electronic versions of codes, the year should be that
in which the provision cited was last updated (on that electronic
service).
When referring to printed versions of codes, the year should be (in order
of preference):
x the year appearing on the spine of the volume;
x the year appearing on the title page of the volume; or
x the copyright year in the publication details of the volume.
278 Part V — Foreign Domestic Materials
Note A new version of the USC is published every six years, and
supplements are published at the end of each intervening year.
Unofficial codes (such as the USCS and USCA) are updated more
frequently.
Australian Guide to Legal Citation 279
Freedom to
Display the
Pub L No
American § 4, 120 Stat 572, 573 (2006)
109-243,
Flag Act of
2005,
Examples An Act to
Amend the
Indiana Pub L No
§ 2, 2008 Ind Acts 889, 890
Code 5-2008,
concerning
Pensions,
Public
Abbrev- Session
Law,
iated Laws
Statute Private Original Volume
Element Session Starting Year
Title Law or Pinpoint or Year
Laws Page and
Chapter
Name Pinpoint
Number
Rule 25.3.1 25.3.2 25.3.3 25.3.4 25.3.5 25.3.6 25.3.7
Rule The title of the statute (or a title by which the statute is commonly
known) should be included. The statute title should adhere to
rule 25.2.1. In particular:
x the statute title should be italicised and followed by a (non italic)
comma; and
x a year that appears in the title of the statute should be included.
If no short title is included and no commonly used short title exists, the
statute should be identified by the date of enactment or, if that is
unavailable, by the date on which the statute came into force. The long
title of the statute should not be used. Where a statute is identified in
this manner, its title should not be italicised and should appear in the
form:
Act of Full Date
(eg ‘Act of 3 March 1925’).
56
Examples Detainee Treatment Act of 2005, Pub L No 109-148, 119 Stat 2739.
57 Act of 29 January 1937, Pub L No 75-3, 50 Stat 5. [Not: An Act to Provide
for Loans to Farmers for Crop Production and Harvesting during the Year
1937, and for Other Purposes …]
Rule The public law number (abbreviated ‘Pub L No’), private law number
(abbreviated ‘Priv L No’) or chapter number (abbreviated ‘ch’) of the
statute should be included after the statute title and should be followed
by a comma.
58
Examples 1997 Emergency Supplemental Appropriations Act for Recovery from
Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those
in Bosnia, Pub L No 105-18, 111 Stat 158.
59 Railroad Right-of-Way Conveyance Validation Act of 2004, Priv L
No 108-2, 118 Stat 4025.
60 Act of 7 June 1897, ch 4, arts 2–5, 30 Stat 96, 96–7. [Not: An Act to Adopt
Regulations for Preventing Collisions upon Certain Harbors, Rivers, and
Inland Waters of the United States, …]
Australian Guide to Legal Citation 281
Note From the 60th US Congress (that is, from ‘35 Stat’), statutes were given
public or private law numbers that continued across all sessions of that
Congress. These numbers comprise the number of the Congress
(without its ordinal letters) followed by the sequential number of the
particular law (eg ‘Pub L No 108-37’ indicates the 37th Public Law
passed by the 108th Congress). Even if the public or private law number
is not present on the statute in this form, it should be included in this
manner in a citation.
For statutes passed before the 60th Congress, the chapter number should
be included. The year and the chapter number are sufficient to identify
the law because the chapter number is the sequential number of a law
(or resolution) as passed, restarting each year.
Rule The volume number of the session laws should be included after the
public law number, private law number or chapter number or after any
pinpoint reference to the original statute.
United
States
For state session laws, where there is no volume number, the year of
the volume should be included instead.
63
Examples Unborn Victims of Violence Act of 2004, Pub L No 108-212, 118 Stat 568.
64 School Bus Enhanced Safety Inspection Act, ch 5, 1999 NJ Laws 1.
282 Part V — Foreign Domestic Materials
Rule The page of the session laws on which the statute begins should be
included after the abbreviated name of the session laws.
Where a pinpoint reference to the original statute is included in
accordance with rule 25.3.3, the page(s) on which the pinpoint appears
in the session laws volume should be included after the starting page
and should be preceded by a comma.
68
Examples Paperwork Reduction Act of 1980, Pub L No 96-511, 94 Stat 2812.
69 Animal Disease Risk Assessment, Prevention, and Control Act of 2001,
Pub L No 107-9, §§ 2–3, 115 Stat 11, 11–16. [Not: … 115 Stat 11.]
25.3.7 Year
Rule The year in which the statute was enacted (or, if that information is
unavailable, the year in which the statute came into force) should
appear in parentheses after the session laws starting page (or any
pinpoints). However, the year should not be included where:
x the same year is part of the title of the statute; or
x for state laws, the year of the session laws volume is included
(in accordance with rule 25.3.4).
70
Examples Smithsonian Facilities Authorization Act, Pub L No 108-72, §§ 4–5, 117
Stat 888, 889 (2003).
71 Child Citizenship Act of 2000, Pub L No 106-395, tit II, 114 Stat 1631,
1633–6. [Not: … 114 Stat 1631, 1633–6 (2000).]
72 Act of 21 March 2002, Pub L No 102-2002, 2002 Ind Acts 1597.
[Not: … 2002 Ind Acts 1597 (2002).]
73
Examples Sarbanes–Oxley Act of 2002, Pub L No 107-204, § 201, 116 Stat 745, 771
(2002), inserting 15 USC § 78j-1(g) (2006).
74 42 USC § 2473(c)(2)(A), as amended by NASA Flexibility Act of 2004,
Pub L 108-201, § 2(a), 118 Stat 461, 461.
25.4 Constitutions
25.5.1 Federal
78
Examples 8 CFR § 101.1 (1986).
286 Part V — Foreign Domestic Materials
25.5.2 State
25.6.1 Debates
25.7 Restatements
25.8 Other
United
States
Rule For further information on the citation of other United States materials,
see the latest edition of The Bluebook: A Uniform System of Citation.
290
Note This chapter contains general guidelines for the citation of foreign legal
materials (including non-English language materials) that are not
otherwise covered in this Guide.
Where specific rules for a jurisdiction are included in the preceding
chapters of this Part, those rules should be used. Where foreign legal
materials are similar to materials in jurisdictions for which specific
chapters are included, the rules for the similar jurisdiction should be
adapted as appropriate.
Rule Where the author of a document (or another person on behalf of the
author) translates non-English primary materials:
x translated elements in citations should appear in square brackets,
following the translated element (eg ‘Undang-Undang Dasar
Negara Republik Indonesia 1945 [Constitution of the Republic
of Indonesia 1945]’);
x translations of titles should not be italicised, even where the
titles themselves are; and
x non-Latin characters should not be italicised (unless it is the
convention to do so in that writing system) and the conventional
equivalent of italicisation (if any) should be used.
Where the author has made the translations, this should be indicated at
the end of the citation in the appropriate footnote by including
‘[tr author]’.
Where another person has translated materials on behalf of the author,
this should be indicated at the end of the citation in the appropriate
footnote as follows:
[tr Translator’s Name ]
Australian Guide to Legal Citation 291
Examples The legislation provides that a person ‘born in the Kingdom or who
arrived before the age of 12 and who has regularly and principally
resided there since’2 may not be deported.
__________
* All translations are by the author, except where otherwise indicated.
1 Urheberrechtsgesetz [Copyright Law] (Switzerland) 9 October 1992, SR
231.1, art 29(2)(a).
2 Loi du 15 Décembre 1980 sur l’accès au Territoire, le séjour,
l’établissement et l’éloignement des étrangers [Law of 15 December 1980
on the Access to the Territory, the Stay, the Establishment and the Removal
of Foreigners] (Belgium) art 21 [tr Nawaar Hassan].
3 Code Civil [Civil Code] (France) art 147.
Or
__________
1 Urheberrechtsgesetz [Copyright Law] (Switzerland) 9 October 1992, SR
231.1, art 29(2)(a) [tr author].
2 Loi du 15 Décembre 1980 sur l’accès au Territoire, le séjour,
l’établissement et l’éloignement des étrangers [Law of 15 December 1980
on the Access to the Territory, the Stay, the Establishment and the Removal
of Foreigners] (Belgium) art 21 [tr Nawaar Hassan].
3 Code Civil [Civil Code] (France) art 147 [tr author].
Foreign
Other
292 Part V — Foreign Domestic Materials
8
Examples Asuquo v State [1967] 1 All NLR 123, 126–7 (Bairamian JSC) (Supreme
Court of Nigeria).
9 ALCC Brown Enterprises Ltd v Savaiinaea [2009] WSSC 2 (30 January
2009) [41]–[43] (Sapolu CJ) (Supreme Court of Samoa).
10 Idecheel v Uludong (Unreported, Supreme Court of Palau, Appellate
Division, Beattie, Miller and Hoffmann AsJJ, 1 August 1994) 2.
11 Verfassungsgerichtshof [Constitutional Court of Austria], G 48/06, 6
October 2006, 9.
12 Corte costituzionale [Italian Constitutional Court], No 239, 29 December
1982 reported in [1983] I Il Foro Italiano: Raccolta Generale di
Giurisprudenza 2, 4–5.
13 Hamburg Intermediate Appellate Court, 1 U 59/48, 7 December 1948 [tr
Hans Ballreich et al, Decisions of German Superior Courts Relating to
International Law: 1949–1949 (Carl Heymanns Verlag, 1956) 90].
Note When citing foreign codes, it is generally not necessary to include other
Foreign
Other
Bibliography
Australasian Legal Information Institute (Website) <http://www.austlii.edu.au>
The Bluebook: A Uniform System of Citation (Harvard Law Review Association, 20th ed,
2015)
British and Irish Legal Information Institute (Website) <http://www.bailii.org>
Butterfield, Jeremy (ed), Fowler’s Dictionary of Modern English Usage (Oxford
University Press, 4th ed, 2015)
graphy
Biblio-
Faculty of Law, University of Oxford, OSCOLA: The Oxford University Standard for
Citation of Legal Authorities, ed Donal Nolan and Sandra Meredith (Hart Publishing,
4th ed, 2012)
Macquarie Dictionary (7th ed, 2017)
Melbourne University Law Review Association and Melbourne Journal of International
Law, Australian Guide to Legal Citation (3rd ed, 2011)
McGill Law Journal, Canadian Guide to Uniform Legal Citation (Carswell, 6th ed,
2006)
Perma.cc (Website) <https://perma.cc>
Supreme Court of Singapore, Practice Direction No 4 of 2009: Citation of Judgments
— Singapore Law Reports (Reissue), 11 January 2010
World Intellectual Property Organization, Standard ST.3: Recommended Standard on
Two-Letter Codes for the Representation of States, Other Entities and Intergovernmental
Organizations (at November 2016)
Example text and citations are taken in some cases from:
x (1998) 9(1) Legal Education Review;
x (2009) 33 Melbourne University Law Review;
x (2016) 40 Melbourne University Law Review;
x (2017) 41 Melbourne University Law Review;
x (2009) 10 Melbourne Journal of International Law; and
x (2012) 13 Melbourne Journal of International Law.
334
Index
ABS materials (see Australian Bureau of
A Statistics Materials)
Abbreviations .................................................. 13 Acts of Parliament (see Legislative materials)
Attorneys-General..................................... 43 Admiralty cases ............................................... 45
Business corporations and firms Advisory opinions ......................................... 160
In case names (see Business Agreement (in cases) ....................................... 60
corporations and firms) Alert digests .................................................. 107
Codes Amendments
Germany........................................... 233 Australia ................................................... 78
United States .................................... 274 United States ........................................... 284
Counsel ..................................................... 61 Annex ............................................................ 151
Courts Arbitrations ............................................. 64, 170
France............................................... 228 Archived sources (see Permalink)
Germany........................................... 231 Arguendo ......................................................... 61
Singapore ......................................... 244 Articles
South Africa ..................................... 247 In legislation ............................................. 69
United States ................................ 267–8 In treaties ................................................ 140
Index
Crown, The ............................................... 41 ASIC Class Orders .......................................... 79
Directors of Public Prosecutions ............... 43 Australian Bureau of Statistics Materials ...... 109
Full stops in .............................................. 22 ASX Listing Rules .......................................... 80
Judges and judicial officers Audiobooks ................................................... 105
Australia ............................................. 58 Audio recordings ........................................... 127
United Kingdom ............................... 256 Podcasts .................................................. 129
United States .................................... 271 Radio segments ....................................... 129
Jurisdictions Social media posts .................................. 131
Australia ............................................. 68 Audiovisual recordings.................................. 127
Canada ............................................. 213 Films ....................................................... 127
New Zealand .................................... 240 Social media posts .................................. 131
South Africa ..................................... 249 Television series ..................................... 128
United Kingdom ............................... 258 Author (for secondary sources) ................... 83–7
United States ............................ 274, 282 Body ......................................................... 85
Law reports (see Report series) Books ........................................................ 98
Numbers ................................................... 29 Commonwealth ......................................... 85
Official record Editor, and .............................................. 104
United Nations ................................. 145 Journals ..................................................... 91
Pinpoint reference ................................... 331 Judicial officers......................................... 86
Delegated legislation .......................... 75 Multiple authors ........................................ 84
Legislation.......................................... 69 United Nations ........................................ 144
Treaties............................................. 140
Regnal year ............................................. 258
Report series (see Report series) B
Resolutions Bibliographies ................................................. 35
United Nations ................................. 144 Bills
United States .................................... 287 Australia ................................................... 74
Session laws............................................ 282 United States ........................................... 287
Treaty series............................................ 137 Bills digests ................................................... 107
Unique court identifier (see Unique court Blog posts ...................................................... 130
identifier) Books .............................................................. 98
Above and below Audiobooks............................................. 105
References within a text ............................ 10 Author (see Author)
336 Index
Index
International Court of Justice ........... 163 Germany ................................................. 233
United States of America ................. 284 United States ........................................... 272
Submissions in cases Command papers ........................................... 262
Australia ............................................. 66 Commas .......................................................... 22
European Court of Human Rights .... 202 Committee Hansard ....................................... 117
International Court of Justice ... 166, 168 Committee number (United Nations) ............ 145
Permanent Court of International Justice Committee reports ......................................... 107
......................................................... 166 Commonly used case names
UN Treaty Bodies ............................ 155 Australia ................................................... 46
Subsequent references France ..................................................... 228
Australia ............................................. 46 Germany ................................................. 231
China ................................................ 226 Commonwealth, The (as a party)..................... 41
International arbitral and tribunal Conference papers ......................................... 112
decisions ........................................... 175 Constitutional convention debates ................. 117
International economic decisions ..... 191 Constitutions
International Court of Justice ........... 169 Australia ................................................... 76
International criminal decisions ....... 183 Canada .................................................... 215
Permanent Court of International Justice China ...................................................... 224
......................................................... 169 France ..................................................... 230
States and territories (as parties) ............... 41 Germany ................................................. 233
Transcripts of proceedings ........................ 65 Hong Kong ............................................. 235
UN Treaty Body ..................................... 154 Malaysia ................................................. 238
United Kingdom ..................................... 251 Singapore ................................................ 246
United States of America ........................ 264 South Africa ............................................ 249
Unreported decisions (see Unreported United States ........................................... 285
decisions) Constitutive documents
v ................................................................ 45 Constitutions (see Constitutions)
Volume (in law report series).................... 49 Corporations and firms ........................... 122
Year (in law report series)......................... 49 Council of Europe ................................... 201
Centuries ......................................................... 33 European Union ...................................... 196
Cf ...................................................................... 7 International Court of Justice .................. 159
Chapter numbers (in legislative materials) International criminal tribunals and courts
Canada .................................................... 214 ................................................................ 176
338 Index
Index
Emphasis Other ....................................................... 290
Adding (in quotation)................................ 21 Judicial and administrative decisions .....
Altered (in quotation)................................ 21 ......................................................... 293
Italicisation for ......................................... 26 Legislative materials ........................ 294
Omitting (in quotation) ............................. 21 Non-English language materials....... 296
Encyclopedias (legal) .................................... 119 Singapore ................................................ 243
En-dashes ........................................................ 23 South Africa ............................................ 247
Entry into force date ...................................... 135 United Kingdom ..................................... 251
European Commission of Human Rights ...... 204 United States of America ........................ 264
European Court of Human Rights ................. 202 Foreign government (as a party) ...................... 41
European supranational materials Foreign text
Constitutive treaties ................................ 196 Italicisation ............................................... 24
Citations as amended.................... 196–9 Translation ...................................... 290, 292
Historical references..................... 196–9 Forthcoming
Council of Europe ................................... 201 Books ...................................................... 105
Court of Justice of the European Journal articles .......................................... 97
Communities ........................................... 199 Forum posts (online) ..................................... 130
Courts ..................................................... 199 France
European Commission of Human Rights ...... Cases ....................................................... 228
................................................................ 204 Legislation .............................................. 229
European Court of Human Rights ........... 202 Codes ............................................... 230
Official Journal of the European Constitution ...................................... 230
Communities ....................................... 194–6 Individual laws ................................. 229
Official Journal of the European Union ....... Full stops ......................................................... 22
............................................................ 194–6 At the end of footnotes................................ 3
Short title ................................................ 210 In abbreviations ........................................ 22
Subsequent references............................. 210 In document numbers................................ 22
Treaty series............................ 137–8, 194–6 In quotations ....................................... 15, 20
Ex parte ........................................................... 44
Ex rel ............................................................... 44
Explanatory material ....................................... 77
340 Index
Capitalisation ............................................ 24
G Hyphens .......................................................... 23
GATT (see General Agreement on Tariffs and
Trade)
Gazettes ........................................................... 79
General Agreement on Tariffs and Trade I
(‘GATT’) Ibid .................................................................. 11
Official documents.................................. 188 In re ................................................................. 43
Panel reports ........................................... 190 In the matter of ................................................ 43
Short title ................................................ 191 Inclusive language ........................................... 28
Subsequent references............................. 191 Individual–state arbitral and tribunal decisions
General Court of the European Union ........... 199 ...................................................................... 172
Germany International arbitral and tribunal decisions
Cases ....................................................... 231 Individual–state decisions
Legislation .............................................. 232 Reported ........................................... 172
Codes ............................................... 233 Unreported ....................................... 174
Constitution ...................................... 233 State–state decisions
Individual Laws................................ 232 Reported ........................................... 170
Government (as a party) Unreported ....................................... 171
Attorney-General ...................................... 43 Short title ................................................ 175
Commonwealth, The................................. 41 Subsequent references............................. 175
Crown, The ............................................... 41 Intellectual property materials ....................... 121
Departments .............................................. 42 International Court of Justice
Director of Public Prosecution .................. 43 Advisory opinions ................................... 160
Entities ...................................................... 41 Case names ............................................. 160
Foreign...................................................... 41 Constitutive and basic documents ........... 159
Ministers and officers ............................... 42 Identifying judges ................................... 165
States and territories.................................. 41 Parties’ names ......................................... 160
Government documents and publications Phase ....................................................... 161
Australian parliamentary materials ............... Pinpoint reference ................................... 164
................................................ 107, 111, 115 Pleadings and other court documents ............
United Kingdom ..................................... 261 ........................................................ 166, 168
United States of America ........................ 286 Report series ........................................... 163
Government inquiries, committees and agencies Rules of court.......................................... 159
Evidence to ............................................. 117 Short title ................................................ 169
Reports of ............................................... 107 Starting page ........................................... 163
Royal commission reports....................... 108 Subsequent references............................. 169
Submissions to ........................................ 115 Unreported materials............................... 167
Grammar Year ........................................................ 162
Official guide ............................................ 28 International criminal materials
Basic documents ..................................... 176
Case number ........................................... 180
H Cases ....................................................... 178
Hansard Chamber ................................................. 180
Australia ................................................. 115 Court ....................................................... 179
United Kingdom ..................................... 261 Date of decision ...................................... 181
United States of America ........................ 286 Identifying judges ................................... 181
Headings.......................................................... 34 Parties’ names ......................................... 178
Hong Kong Phase ....................................................... 179
Cases ....................................................... 234 Pinpoint reference ................................... 181
Constitution ............................................ 235 Reported decisions .................................. 182
Legislative materials ............................... 235 Rules of courts and tribunals................... 177
Hyphenated words ........................................... 28 Short title ................................................ 183
Australian Guide to Legal Citation 341
Index
Internet materials ........................................... 130 Australia ................................................... 68
Permalink .................................................. 90 Canada .................................................... 212
Uniform resource locator .......................... 90 China ...................................................... 223
Interviews ...................................................... 126 France ..................................................... 229
Introductory signals for citations ....................... 7 Germany ................................................. 232
Investor–state arbitral and tribunal decisions ...... Hong Kong ............................................. 235
...................................................................... 172 Malaysia ................................................. 237
Italicisation ...................................................... 26 New Zealand ........................................... 242
For emphasis ............................................. 26 Singapore ................................................ 245
In source titles ..................................... 26, 88 South Africa ............................................ 249
Of foreign words ....................................... 27 United Kingdom ..................................... 258
United States ................................... 274, 282
J
Joint judgments ............................................... 61 K
Journal articles King, The (as a party) ...................................... 41
Advance .................................................... 97
Author ....................................................... 91
Chinese language articles ........................ 225 L
Foreign language articles ........................ 296 Law reform commission publications............ 108
Forthcoming.............................................. 97 Law reports (see Report series)
Issue number ............................................. 92 Leaders ............................................................ 18
Journal title ............................................... 93 Lectures ......................................................... 113
Online journals ......................................... 96 Legal dictionary............................................. 118
Pinpoint references ................................... 94 Legal encyclopedias ...................................... 119
Published in parts...................................... 94 Legislative materials
Starting page ............................................. 94 Amendments ..................................... 78, 284
Symposia .................................................. 95 Australia ................................................... 67
Title .......................................................... 91 Bills .......................................................... 74
Volume ..................................................... 92 Canada .................................................... 212
Year .......................................................... 92 China ...................................................... 223
Judges and judicial officers Constitutions (see Constitutions)
Abbreviations Definitions in ............................................ 72
342 Index
Index
Hong Kong ....................................... 234
P International Court of Justice ........... 160
International criminal cases .............. 178
Paragraph numbers Malaysia ........................................... 236
Books ...................................................... 102 Permanent Court of International Justice
Cases ......................................................... 52 ......................................................... 160
General Agreement on Tariffs and Trade Singapore ......................................... 243
documents ............................................... 188 United Kingdom ............................... 251
International arbitral and tribunal decisions United States .................................... 264
............................................ 170–1, 172, 174 In treaties ................................................ 134
International Court of Justice .................. 164 Parts (in legislation)......................................... 73
International criminal decisions .............. 181 Periodicals ..................................................... 124
Internet materials .................................... 130 Permalink ........................................................ 90
Legal encyclopedias................................ 119 Permanent Court of International Justice
Legislation ................................................ 69 Advisory opinions ................................... 160
Looseleaf services ................................... 120 Case name ............................................... 160
Online journals ......................................... 96 Case number ........................................... 163
Permanent Court of International Justice ...... Constitutive and basic documents ........... 159
................................................................ 164 Decisions
Pinpoint references ..................................... 4 Reported ........................................... 159
Span of pinpoint references ........................ 6 Unreported ....................................... 167
Treaties ................................................... 140 Judges ..................................................... 165
United Nations documents ...................... 152 Parties’ names ......................................... 160
Unreported decisions ................................ 54 Phase ....................................................... 161
World Trade Organization documents .... 185 Pinpoint references ................................. 164
World Trade Organization panel, Appellate Pleadings and other documents ....... 166, 168
Body and arbitrations .............................. 187 Report series ........................................... 163
Parallel citations (of cases) Series letter ............................................. 163
Australia ................................................... 54 Short title ................................................ 169
United Kingdom ..................................... 253 Subsequent references............................. 169
United States ........................................... 265 Year ........................................................ 162
Parentheses ...................................................... 23 Pinpoint references .................................... 3, 331
Parliamentary briefs ...................................... 111 Books ...................................................... 102
344 Index
Index
Submissions to ........................................ 115 In quotations ....................................... 18, 24
Statements made during argument................... 61
States as parties
S Cases
Schedules ........................................................ 69 Australia ............................................. 41
Scottish cases ............................................ 253–4 European Commission on Human
Sections ........................................................... 69 Rights ............................................... 204
See ..................................................................... 7 European Court of Human Rights .... 202
Separate judgments.......................................... 61 European Court of Justice ................ 199
Session laws .................................................. 279 Foreign states ..................................... 41
Short title ......................................................... 12 General Agreement on Tariffs and
Cases ......................................................... 46 Trade ................................................ 188
European supranational materials ........... 210 International arbitral and tribunal
International arbitral and tribunal decisions materials ........................................... 170
................................................................ 175 International Court of Justice ........... 160
International Court of Justice .................. 169 Permanent Court of International Justice
International criminal materials ...... 176, 183 ......................................................... 160
International economic materials .... 184, 191 World Trade Organization................ 187
Legislative materials ................................. 75 Treaties ................................................... 134
Permanent Court of International Justice ...... Submissions
................................................................ 169 In cases
Secondary sources .................................... 89 Australia ............................................. 66
Supranational materials........................... 210 International Court of Justice ... 166, 168
Treaties ................................................... 141 Permanent Court of International Justice
United Nations materials......................... 157 ................................................. 166, 168
Sic ................................................................... 19 To government inquiries, committee and
Singapore agencies .............................................. 115–7
Cases ....................................................... 243 To UN treaty bodies................................ 155
Constitutional documents........................ 246 Subsequent references ....................................... 9
Legislative materials ............................... 245 Above and below ...................................... 10
Other ....................................................... 246 At .............................................................. 14
Report series ........................................... 243 Cases
Unreported cases..................................... 244 Australia ............................................. 46
346 Index
Index
Commonly cited documents ................... 158 Permanent Court of International Justice ......
Communications ..................................... 155 ................................................................ 167
Constitutive document ............................ 142 Singapore ................................................ 244
Date ........................................................ 151 United Kingdom ..................................... 254
Decisions ................................................ 144 United States ........................................... 270
Document number .................................. 148 URL (see Uniform resource locator)
Documents of multiple organs ................ 154
Meeting number ...................................... 146
Official Records ...................................... 145 V
Part number............................................. 146 v ....................................................................... 45
Pinpoint reference ................................... 152 Videos (see Audiovisual recordings)
Resolutions ............................................. 144
Session number ....................................... 146
Short title ................................................ 157 W
Subsequent references............................. 157 Waitangi Tribunal ......................................... 241
Supplements............................................ 147 Websites (see Internet materials)
Title ........................................................ 144 Working papers ............................................. 111
Treaty bodies (see Treaty bodies) World Trade Organization (‘WTO’)
United Nations Yearbooks ...................... 155 Appellate Body decisions ....................... 187
United States of America Arbitration decisions ............................... 187
Administrative codes .............................. 286 Constitutive and basic documents ........... 184
Cases ....................................................... 264 General Agreement on Tariffs and Trade
Courts (see General Agreement on Tariffs and
Federal ............................................. 267 Trade)
State ................................................. 268 Official documents.................................. 185
Delegated legislation............................... 285 Panel decisions ....................................... 187
Federal congressional materials Short title ................................................ 191
Bills and resolutions ......................... 287 Subsequent references............................. 191
Debates............................................. 286 World wide web (see Internet materials)
Identifying judges ................................... 271 Written correspondence ................................. 125
Jurisdiction ............................................. 266
Legislation
Codes ............................................... 272
Y
YouTube videos ............................................ 130