Lexi Webster
There are several ways to find Australian law cases. One way is to use a law report at a library or online. Cases can also be found using a case citator, such as LawCite (AustLII) or Westlaw AU. Additionally, full-text judgment databases can be used to find cases on a specific topic. Westlaw (Australia) Cases, Casebase (LexisNexis Butterworth - Australia), and Jade are other online case law research tools that can be used.
| Characteristics | Values |
|---|---|
| Databases | Westlaw AU, AustLII, Jade, SAI Global, ACL Reporter, Queensland Legal Indices Online, Casebase, Australian Taxation Law Library, Intellectual Property Law Library, Indigenous Law Library, etc. |
| Coverage | Australian reported cases from 1825 onwards, unreported cases from 1999 onwards, Queensland judgments from 1992 onwards, Tasmanian cases from 1824 onwards, etc. |
| Features | Full-text judgments, case citators, case references, litigation history, case summaries, keyword search, alerts, etc. |
| Access | Free, subscription-based, or restricted to library members. |
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What You'll Learn
Utilise online databases like Westlaw AU, Austlii, and Jade
Westlaw AU provides access to Australian reported cases from 1825 onwards and unreported cases from 1999. It contains authorised and specialist law reports, including the Commonwealth Law Reports and Federal Court Reports. Its case citator, FirstPoint, provides access to case references, citation, history and digest information.
Austlii is a free resource containing case law and unreported judgments for all Australian Commonwealth, States and Territories. It provides full-text searching of publicly available Australian primary legal materials such as Commonwealth and state consolidated acts and regulations, treaties, and decisions of federal and state courts and tribunals. It also includes secondary legal materials such as law reform and royal commission reports. Austlii's case citator, LawCite, allows users to search by party names, legislation title and provisions, and judge.
Jade is a database that collects recent decisions of selected Australian Courts and Tribunals. It allows users to quickly and efficiently search for cases by citation, party name, legislation section, subject, and jurisdiction.
To search for Australian law cases using these databases, follow these steps:
- Westlaw AU: Click on 'Cases'. Type your keywords into the search box using Boolean operators. Click on 'Search'. To refine your results, add additional keywords into the 'Search within results' box or choose from the filters.
- Austlii: Click on the link to 'Advanced Search' (under the drop-down arrow next to the search box). Enter your keywords or phrases into the search box. Select 'All Case Law Databases' from the list. Click on 'Search'.
- Jade: Click on the 'Jade Browser' tab. Select 'By Topic' under the 'Judgments' heading of the 'Browse collections' table to the left. You can either enter your topic in the search box or select a topic from the alphabetical list of topics displayed on the page.
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Refer to law reports at the State Library of New South Wales
The State Library of New South Wales is a heritage-listed special collections, reference, and research library that is open to the public. It is one of the oldest libraries in Australia, established in 1869, with its collections dating back to the Australian Subscription Library, established in the colony of New South Wales in 1826. The library holds over 6 million items, including more than 2 million books, 1.2 million microforms, 2 million photographs, as well as newspapers, maps, architectural plans, manuscripts, and other items.
The library holds a selection of law reports, and if a case has been published in a law report, it may be found at the library. The easiest way to find a case is by its citation, which is a unique identifier. Cases may have more than one citation if they have been reported in different law report series. When searching by party name, it is important to omit articles such as 'a' and 'the', as well as terms like 'Pty Ltd' in company names. Abbreviations should also be used with caution, as sometimes the full name is required.
The State Library of New South Wales also offers a range of other resources and services. These include a legal information service, a drug and alcohol information service, and a family history research service. The library provides directional and research assistance from an experienced team of librarians, public access terminals with free internet access, and self-service printing and photocopying facilities.
The library is located on the corner of Macquarie Street and Shakespeare Place, in the Sydney central business district, adjacent to the Domain and the Royal Botanic Gardens. The Macquarie Street Wing was opened in 1988, and the library is currently undergoing refurbishment, with the Bashir Reading Room closed until late 2025.
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Search full-text judgment databases
The easiest way to find an Australian law case is by its citation. This is a unique identifier for the case. Cases may have multiple citations if they have been reported in different law report series. You can use any of the given citations to find a copy of the case.
If you only have one or both party names, there are a few things to keep in mind when searching:
- Omit articles such as 'a' and 'the' in names, as well as terms like 'Pty Ltd' in a company name.
- Be aware of abbreviations. Sometimes, cases will be listed under an abbreviation, but other times, you will need to search for the full name.
- Generally, omit the 'v' when searching for a full case name. Check the database's help section to confirm how to enter names.
- Party names are not unique, so verify that the case is the correct one by checking other details like the date, judge, court, and topic.
You can use case citators to help you find a case. Citators are particularly useful if you are searching for a case by subject rather than a specific case. LawCite (AustLII) and Westlaw AU are two examples of citators. Westlaw AU provides access to Australian reported cases from 1825 and unreported cases from 1999. It also contains authorised and specialist law reports, including Commonwealth Law Reports and Federal Court Reports. Westlaw's case citator, FirstPoint, provides access to case references, citation history, and digest information.
Another free resource is AustLII, which contains case law and unreported judgments for all Australian Commonwealth, States, and Territories. AustLII also provides access to the High Court of Australia, Federal Circuit and Family Court of Australia, and Federal Court cases that have commenced since 1 January 1984.
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Use secondary sources like textbooks and journals
Textbooks are a great starting point when looking for Australian law cases. They contextualise legal topics, provide background on, and examine specific areas of law. Textbooks also provide authoritative, scholarly, and comprehensive information on a topic, including references to relevant cases, legislation, and additional secondary sources.
Legal encyclopaedias are another useful secondary source. They are arranged by subject and provide succinct summaries of the current state of the law, including supporting legislation and case law.
Legal dictionaries are also considered secondary sources and provide authoritative and detailed definitions of terms, as well as placing them in their legal context.
Journals and journal articles are another current and valuable secondary source. They contain scholarly opinions and analysis on a wide range of topics. They also include references to relevant case law.
Databases that specialise in legal secondary sources, such as Westlaw AU, WorldLII, and CCH iKnowConnect, offer advanced search options that incorporate references to legislation and case law. These databases provide access to full-text Australian legal journal articles, key Australian case law, and legislation on specialised legal topics.
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Browse a caselaw database by topic
Browsing a caselaw database by topic is a great way to find relevant cases and stay up to date with new case law. Here are some tips and resources to help you get started:
Caselaw Databases:
- Westlaw AU: This database provides access to Australian reported cases from 1825 and unreported cases from 1999. It includes authorised and specialist law reports, such as the Commonwealth Law Reports and Federal Court Reports. Westlaw's case citator, FirstPoint, offers access to case references, citations, history, and digest information.
- AustLII (Australasian Legal Information Institute): AustLII is a free resource containing case law and unreported judgments for all Australian Commonwealth, States, and Territories. While it is a valuable tool, note that the cases in AustLII are not the official authorised versions.
- LexisNexis AU: This database allows you to browse cases by topic using the Table of Contents. You can expand the Table of Contents to find cases relevant to your area of interest.
- CaseBase: CaseBase offers free text and field search options. The Catchwords/Summary field is specifically designed to help you find cases on a specific topic.
Tips for Effective Searching:
- Case Citators: Case citators, such as LawCite and FirstPoint, are valuable tools for finding cases by subject. They provide access to case references, citations, and other relevant information.
- Keyword Searches: Generate a list of keywords related to the legal issues you are researching. Consider using alternative keywords and refer to thesauri, background reading, and subject fields in your search results for additional keyword ideas.
- Field Searches: Utilise the fields available in the search template to narrow down your results. For example, performing a catchword field search will only return results where the phrase you are searching for is contained in the catchwords.
- Advanced Search Options: Some databases offer advanced search features, allowing you to search within specific fields or record types, such as the full text of PDF judgments.
- Verification: Use citation research services, such as KeyCite, to verify if a case is still considered good law and to find citing references.
- Jurisdiction and Court-Specific Databases: Depending on your research area, you may need to consult jurisdiction- or court-specific databases, such as those for Queensland or New South Wales.
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Frequently asked questions
You can find Australian law cases on AustLII, a free resource containing case law and unreported judgments for all Australian Commonwealth, States, and Territories.
The easiest way to find a case is by its citation, a unique identifier. If you don't have the citation, you can search by party name, bearing in mind that party names are not unique, so you should verify by checking other details such as date, judge, court, and topic.
You can use full-text judgment databases, such as Westlaw, which can be used to research a particular area of law. You can also use secondary sources such as CCH Online, textbooks, journals, and encyclopedias to locate relevant case law.
You can subscribe to case law alerting services such as the Queensland Legal Updater, which will alert you to new judgments in your area of interest. You can also use a free current awareness service such as Jade, which adds decisions of a wide range of Australian Courts and Tribunals to its database as soon as they are released.
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