23 Citing a Case
Anatomy of a case
Understanding the different parts of a case is helpful for case law research. At the very top of the decision, you will find information about the case, including the:
- party names
- court
- judge/s
- hearing date/s.
Headnote
A headnote is included in reported decisions. This contains catchwords and a summary of the case. Catchwords are keywords and phrases separated by dashes, summarising the legal principles and legislation discussed in the case. Catchwords are also included in unreported decisions. The summary provides a short description of the matter and outlines the key rulings of the case.
Do not be tempted to read and quote only from the headnote rather than the full decision. It is important to note that the headnote is written by a law reporter and not by a judge. Therefore, it is not considered part of the judgment.
The figure below shows the key parts of a reported case.
Judgment
The start of the judgment proper is usually indicated by the Judge’s surname (e.g. Stanley J: …). Each judgment will generally include:
- the procedural history of the case
- statement of facts
- relevant legal issues and legal principles
- conclusion
- order.
Learning how to undertake a case analysis and distinguish the ratio decidendi (UQ login required) is a core skill in legal studies. Read the judgment in full to determine the ratio.
Case citations
Case citations or references abbreviate the key information relating to a case and its publication details. Understanding the parts of a case citation will help to find the case online or in a printed library collection.
Reported citations
Below are the parts of a citation for the reported judgment, Jaensch v Coffey (1984) 155 CLR 549.
| Party names | Year published | Volume number | Law report series | Starting page number |
|---|---|---|---|---|
| Jaensch v Coffey | (1984) | 155 | CLR | 549 |
Unreported citations
Unreported judgments use a medium neutral citation. Below is the medium neutral citation of the same judgment.
| Party names | Year heard | Court Abbreviation | Judgment number |
|---|---|---|---|
| Jaensch v Coffey | [1984] | HCA | 52 |
Case abbreviations
Both citation styles abbreviate either the law report series or the court name. Abbreviations are used for law reports, law courts, law journals and commonly used legal terms. There are specialist resources for looking up abbreviations:
- Cardiff Index to Legal Abbreviations (UK, Aus, and Intl)
- CaseBase (Aus).
How to talk about a case
When citing cases verbally, some elements of a case citation need to be pronounced differently than they appear in written form. For instance, in Australia the v between the party names is not pronounced. Against is used for criminal matters or And is used for civil cases. For example:
- The Queen Against Stubbs
- Haug And Jupiters
Make sure to provide the full citation
In advocacy or moot situations, use the full citation the first time the authority is referred to. With subsequent citations, simply indicate the party names and pinpoint reference as needed.
For example, when verbally citing R v Stubbs (2009) 228 FLR 221:
- First instance: “The Queen against Stubbs, reported in 2009 at volume two hundred and twenty-eight of the Federal Law Reports at page 221.”
- Second instance: “The Queen against Stubbs…”
