Legal Citation Guide

Murdoch University Library and Murdoch University School of Law

Download a pdf version of this Guide

Revison Note: July 2004.
To comply with current citation standard inverted commas " used around article and newpaper titles have been replaced in this citation guide with the single quotation marks ' . " should only used for direct in text quotations from text or speech .

Contents

• Introduction
• Electronic Sources
• Pinpointing Resources
• Use of Latin Terms
• Primary Sources
  • Legislation
  • Cases
  • Treaties and Conventions

• Secondary Sources
  • Books
  • Journal Articles
  • Newspapers
  • Conference and Seminar Papers
  • Encyclopaedias
  • Loose-leaf publications
  • Government reports/publications
  • Parliamentary debates (Hansard)
  • Australian Bureau of Statistics materials
  • Law Reform Commission materials
  • Other (Miscellaneous)
  • Internet Sources - FTP and Telnet
    • Email
    • Listservs (Discussion Lists) and Newsgroups

• Bibliography

Introduction

What is 'legal citation'? It is a standardardized set of guidelines that allows the writer of legal discourse to refer to legal authorities and sources with enough clarity to enable the reader to find or follow those references. This referencing of statements and sources of law must be done clearly, concisely and consistently to ensure efficient and accurate location of these sources.

The rules set down on how this should be done vary from jurisdiction to jurisdiction, being a mixture of legal conventions and rules established by various recognised legal bodies. The 'rules' set down in this document serve as a guide for Murdoch students; consistency is the key to their use. Individual academics may require use of specific rules that vary from those given herein, but it is to be assumed that if no direction is given otherwise, the guidelines given in this booklet will be sufficient for writing submitted to the Law School at Murdoch University.

The footnote citation system has been generally adopted by Australian writers in relation to secondary legal materials. To answer questions about the footnote citation system used by the Murdoch Law School you should consult, in order of priority:

1. This Legal Citation Guide
2. Stuhmke, Anita, Legal Referencing (Sydney : Butterworths, 2001)
   (R340.148 STU 2001)
3. Australian Guide to Legal Citation, 2nd ed (Melbourne : Melbourne University Law Review Association, 2002)
   (R340.0148 AUS 2002) or < http://mulr.law.unimelb.edu.au/PDFs/aglc_dl.pdf >

Learning the language of legal citation requires thoroughness in legal research. An essential part of the research process is ensuring you collect relevant information together with sufficient details about the source to ensure correct citation

Familiarity with common legal abbreviations is necessary. There are standard abbreviations, and lists of these are found in legal research texts and in pamphlets put out by the Law Librarians. Avoid idiosyncratic abbreviations unless the source is given in full and use of the abbreviation is acknowledged.

Punctuation marks are optional in modern legal citation. This guide eschews the use of superfluous punctuation.

Two general guidelines have been adopted in this guide in relation to document titles. Titles of the primary legal material, cases and statues, are cited in italics with all words and names capitalised. In relation to secondary materials the title of the main work or series title is italicised. The first letter of the title and then all words except articles, connectives and prepositions are capitalized. Students should consult the guide under the document type for more specific rules and citation examples.

Keep in mind that legal citation aims to do two things, in limited space:
1) to acknowledge and identify the document to which the author is referring;
2) to provide sufficient information about the acknowledged source to enable its efficient location.

Legal citation makes use of the 'footnote method of citation' which is also referred to as 'footnote-endnote citation'. Writers may also be required to include a bibliography of works used in research, but this requirement will be made in addition to footnotes.

If there is not going to be a bibliography included, then all relevant information must be included in the footnotes, including the publication details of books.

A bibliography may comprise three (3) lists:

(1) list of texts and journal articles used, given alphabetically by author surname;
(2) list of legislation referred to;
(3) list of cases given to support argument.

Quite often, a lecturer will only require the first to be included in a bibliography. Students should seek clarification from their lecturers if need be.

Electronic Sources

Principles covering the citation of most electronic documents will be covered under their document type. For example for journal articles obtained electronically, see the section on journal articles. For anything else, see the section on internet sources.

There are no set standards for citing electronic documents, and no agreement on whether both hardcopy and electronic versions of a document should be given. In general, this guide suggests you cite the material in the format you used. Hence, if you have used the printed version of a document, cite that version. If you have only used the electronic version, cite the electronic version. In some instances this may include the citation to the printed version, if the citation is included in the electronic version. An exception is made for primary materials, which should be cited in their hardcopy version, followed by details of the electronic version.

Citation Reference Point or Pinpointing Reference

Citing to a specific page or paragraph number within a document is called a pinpoint reference or a citation reference point. In recent times cases include paragraph numbers which are the same in print or electronic form; they are 'media neutral'.

Documents acquired electronically often do not have any internal markings such as page or paragraph numbers and this presents researchers with a major problem in relation to pinpoint referencing. Suggestions for pinpoint referencing include:

• giving the approximate location within a document (e.g. "at about 20% of the way through"),
• giving the paragraph location (e.g. "5th paragraph" or "second last paragraph")
• giving the name of a heading or section (e.g. point 1 of heading "Four ambiguities to be clarified")
• giving the specific search request used to locate a point within a document.

While none of these options is entirely satisfactory, they may in some instances be the only way to give some accuracy to a pinpoint citation, until some form of internal marking becomes standard within all electronic documents. Whichever option you choose, it is advisable to keep a printed copy of any document obtained electronically to enable you to easily refer back to it if required.

Use of Latin Terms

There are a number of Latin terms that have traditionally been used in legal citation. The current trend is to replace those terms with their English equivalents wherever possible. This leaves only two Latin terms that are still used:

1. ibid (ibidem) - meaning in the same work:
   'Ibid' is used whenever a citation is exactly the same as the immediately preceding one.
2. id (idem) - meaning the same:
   'Id' is used where there is some variation, generally page number, between the immediately previous and present footnote. The terms are not italicised, and are never used in reference to legislation.

Neither is used if there is more than one authority cited in the previous footnote. They are never used when there is an intervening citation.

EXAMPLES: 42. Biles, D (ed), Current Australian Trends in Corrections (Sydney : Federation Press, 1988) 43. Ibid 44. Id, 78-79

The following Latin terms should, preferably, be no longer used:

Infra - this has been replaced with below
supra - this has been replaced with above
lex cit - in the place cited. This is an obsolete term.
op cit - in the work cited. This is an obsolete term.
cf - this has been replaced with compare

'Above' is used to indicate that a reference is to an article, book, or case which has been cited earlier in the text. The name of the article, book, or case does not need to be repeated again. 'n' in the example below means a footnote number within the text.

EXAMPLES: This point was further reinforced in Smith v Jones 42 42. Above, n 8, 117

If the name of the authority being cited a second time is not given in the text, then it is indicated by the party names or the author's surname in the footnote.

EXAMPLES: 42. Mackinnon, above n 10, 76 This point was further reinforced in another case.45 45. Smith v Jones, above n 8, 117

When there are no rules

There will always be documents or sources used in research which is not covered by a clear citation rule. If the following citation guides do not provide sufficient guidelines or rules for citing documents then the researcher must refer to other standard citation texts. If no citation rule can be found then the researcher must improvise. The keys to successful improvisation remain clarity and consistency, with the view to giving the reader concise information regarding the source document and its location.

If this document does not provide adequate guidance you should consult, in order of priority:

1. Stuhmke, Anita, Legal Referencing (Sydney : Butterworths, 2001) (R340.148 STU 2001)
2. Australian Guide to Legal Citation, 2nd ed (Melbourne : Melbourne University Law Review Association, 2002)
   (R340.0148 AUS 2002)
   Also available at < http://www.law.unimelb.edu.au/mulr/PDFs/aglc_dl.pdf >

If these do not provide adequate rules for your citation needs then consult more widely looking at

• Style Manual for Authors, Editors and Printers, 5th ed (Canberra : AGPS Press, 1994) (R 808.025 STY)
• The Bluebook : A Uniform System of Citation, 15th ed (Cambridge, Mass : Harvard Law Review Association, 1991) (R 340.0148 BLU)
• McGill Law Journal Canadian Guide to Uniform Legal Citation, 2nd ed (Toronto : Carswell, 1988) (R 340.0148 CAN)

Primary Sources

A. Legislation

Statutes (Acts)

The full citation of a statute must include the following elements, in this order:

(1) Short title
(2) Jurisdiction
(3) Section number (if applicable)

1. Short title - modern legislation is generally given a short title by which it is cited. This short title is indicated in the relevant section of the Act and is made up of the name of the Act and the year it received assent. Any reference to an Act should always cite this short title, in italics, exactly and in full.
   NOTE: It is the responsibility of the researcher to ensure that you have used the most current version of the legislation. See also "Legislation accessed from electronic sources" below.
   
   
2. Jurisdiction - the jurisdiction of the legislation must be indicated, unless it is absolutely clear from the short title of the Act. The jurisdiction is enclosed in round brackets, in roman type and follows immediately after the short title and year. The following are accepted abbreviations for Australian jurisdictions:
   • Commonwealth - Cth
   • Australian Capital Territory - ACT
   • New South Wales - NSW
   • Northern Territory - NT
   • South Australia - SA
   • Tasmania- Tas
   • Western Australia - WA
     
     
3. Section number - if the reference to an Act includes reference to a particular section(s) then these must be indicated in the citation. Section is abbreviated to 's', sections to 'ss'. No full stop is used after the 's' or 'ss'. Subsections, paragraphs and subparagraphs are indicated by use of divisions, and all divisions must be cited, e.g. s 19 (a)(11).

EXAMPLES: Crimes (Biological Weapons) Act 1976 (Cth) ss 4,5 Fair Trading Act 1987 (WA) s 31

Legislation accessed from electronic sources

While standards have not yet been uniformly accepted in relation to citing all documents, particularly those obtained from an electronic source there are some rules in relation to legislation which are generally accepted. The rules above can be viewed as media neutral citations for statutes and are based upon the understanding that the statutes referred to are from a reliable source and are current. However there are times where there is a requirement to be absolutely clear about the currency of the legislation being discussed. If the legislation referred to is from an online source from another jurisdiction and may be hard to find without access details included in the citation.

When citing legislation accessed from an electronic source where the source and currency information is required use the rules outlined above and then add the following;

(4) Web address of source , or name of subscription database in angled brackets
(5) Name of subscription database, if appropriate, or
(6) Currency of act to latest amendment, if available
(7) Date of access in parentheses

Bills

Bills are cited by their short title, substituting the word 'Bill' for 'Act'. No part of the citation is italicised, otherwise cite as for statutes. Parts of a Bill are clauses rather than sections.

EXAMPLE: Pitjantjatjara Land Rights Bill 1978 (SA) Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Bill 2002 [No. 2] cl 3

Subordinate legislation (Regulations, Statutory Rules, By-Laws, Orders)

The citation of subordinate legislation may include the following elements wherever applicable:

1. Short title (including year if given as part of the short title)
2. Jurisdiction
3. Number and calendar year, if the date is not part of the short title
4. Regulation or by-law number
   

EXAMPLES: Air Navigation Regulations 1947 (Cth) reg 3 Community Services (Aborigines) Regulations 1985 (Qld) reg 8(11) Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Regulations No. 402 of 1992 Migration Regulations 1994 < http://scaleplus.law.gov.au>current to SR 154 of 2003 (10 July 2003)

Rules of Court

1. Title of rules including year
2. Jurisdiction
3. Rule and/or order number

All elements of the citation are given in roman type.

EXAMPLES: Federal Court Rules 1979 (Cth) O 54A r 3 Rules of the Supreme Court 1971 (WA) O 35 r 2 Supreme Court Rules 1987 (SA) r 46.04(f)

Other jurisdictions

EXAMPLES: Criminal Procedure (Insanity) Act 1964 (UK) s 4(2) Criminal Justice Act (NZ) s 111(1)

• Legislation is not generally included in a bibliography. If it is required make a separate subheading 'Legislation' after the main bibliographic list.

Reported decisions

The correct citation of a reported case includes the following elements in order:

(1) Party names
(2) Year
(3) Volume number (if any)
(4) Abbreviated title of report series
(5) Commencing page number
(6) Citation reference point
(7) Popular or shortened name, if any (optional)

(1) Party names - traditionally the names of the parties to a case are in italics. The 'v' between party names is in roman type and lower case, but often an italicised 'v' is regarded as acceptable for the sake of key stroke convenience. Only the surnames of the parties should be used. If there is more than one party on either side, cite only the first name listed. The omission may be indicated by the use of '& Ors' meaning 'and others'.

If given names and initials form part of a company or business name, they should be included in the citation. Abbreviations for corporate names (e.g. Pty Ltd; Co.) are used, and the titles of some public officers are also abbreviated (e.g. DPP, A-G).

In criminal cases the Crown is abbreviated to 'R'.

(2) Year - this follows the party names. It is enclosed in either round or square brackets. Square brackets are used where the year is an integral part of the report title, i.e. where the report series does not have volume numbers, or where the volume numbering recommences at the start of each year. Where the year is not an essential element of the report citation, it is given in round brackets and is the year in which the decision was handed down, which is not always the same as the year the report series volume was published.

(3) Volume number - if there is a volume number as part of the report series title then it must be indicated immediately after the year.

(4) Abbreviated title of the report series - there are standard forms of abbreviation for most law report series. The series often specifies this standard at the beginning of each volume. Murdoch University Library produces a pamphlet listing of the abbreviations of all law reports series held in its law collection. Other guides to abbreviations held at Murdoch University Library are located at R 340.0148

(5) Page number - give the page number at which the case begins in the series of reports cited.

(6) Citation reference point (also called pin point reference): a reference to a specific page within a report which is put at the end of the citation, preceded by a comma.
If giving a citation reference point in a case that has been reported in both an authorised series and an unauthorised series, give the reference point for the series to which you refer, ensuring the citation for the authorised report is included if it is not the one used for the pinpoint reference.

(7) Popular or shortened name. Where a case has a particularly long name, or where there is a popular name in common usage, the first citation to the case must be in full, with second and subsequent citations using the shortened form which is indicated in the first citation by means of round brackets.

If citing a particular passage from a case, the name of the judge should be included in parentheses at the end of the citation. Apart from the party names, all other elements of a case citation are given in roman type.

EXAMPLES: Groom v Crocker [1938] 1 KB 194 Johnson v Miller (1937) 59 CLR 467 Commonwealth v Tasmania (1983) 158 CLR 1 (Dams case) R v Commonwealth Conciliation & Arbitration Commission; ex parte Amalgamated Engineering Union (Australian Section) (1967) 118 CLR 219 (Basic Wage case) Haber v Walker [1963] VR 339, 342 A-G (NSW) v Trustees of National Art Gallery of NSW (1944) 62 WN (NSW) 212 (Dobell's case) Calwell v Ipec Australia Limited (1975) 135 CLR 321, 333 (Mason J)

Where a case is reported in both an authorised and unauthorised report series, preference should be given to citing from the authorised series. If it is not possible to use the authorised series, the details should still be included in the case citation, with the authorised series cite appearing first. Subsequent series cites should each follow a semi colon.

EXAMPLE: Associated Dairies Ltd v Central Western Dairy Ltd (1993) 44 FCR 335; 117 ALR 433

Unreported Decisions - Media Neutral Citation

Media neutral citation is a method of citing unreported judgments which does not discriminate between judgments published in electronic media or print media formats. Each court has an identifier and within each year each judgment is given a running number. Each paragraph within the case is numbered, this increases precision in pinpoint citation within the judgment.

Media neutral citation formats are required by the Supreme Court of WA for the citation of unreported judgments published on or after 30 April 1999 in accordance with 'Practice Directions, No. 2 of 1999'. Other Australian Courts have also adopted media neutral citation formats for judgments. The citation should include the following elements:

(1) Parties names (in italics)
(2) Year of publication
(3) Court abbreviation, court identifier. (see Legal Aid 6 : Media Neutral Citation for a list of court abbreviations.)
(4) Sequential judgment number, assigned by the court
(5) Paragraph number, if required, in square brackets, following "at".

EXAMPLE Patrick Stevedores Operations No 2 Pty Ltd & Ors v Maritime Union of Australia & Ors [1998] HCA 30 Eastman v Director of Public Prosecutions (ACT) [2003] HCA 28 at [110]

Parallel citation (Western Australia only)

EXAMPLE Lee v Queen [1999] WASCA 14; (1999) 18 WAR 23

Unreported decisions (prior to the introduction of media neutral citation)

It should be noted that unreported decisions do not hold as much weight in legal argument as a decision that has been reported.

If a case has not been reported, its full citation should include the following elements, in the specified order:

(1) Party names
(2) Statement that the case is unreported
(3) Court
(4) File number, or for WA Supreme Court Library number
(5) Date

(1) Party names - the citation of the party names in unreported decisions follows the same rules for reported decisions. The party names are followed by a comma.

(2) The word unreported is given in lowercase, followed by a semicolon.

(3) Court - the name of the court in which the case was decided is given in full or abbreviated format in roman type, and followed by a semicolon.

(4) File number - all court actions are allocated a number by the court in which they are heard.
Library Number - some courts allocate a number to the judgments as they are received by the relevant court library. Citations of unreported judgments of the Supreme Court of W.A. should cite the library number prececed by SCL No: or Lib No: .
Citations of unreported judgments for other Australian jurisdictions should cite the court or file number, and library number if given, separated by a semicolon.The court number is followed by a semicolon.

(5) Date - the date on which the decision of the court was handed down or delivered.

EXAMPLES: Commonwealth of Australia v International Air Aid Pty Ltd & Ors, unreported; Federal Court of Australia; ACTG 66/1989; 274/1990; 22 June 1990 Fozard v Antonetti, unreported; FCt SCt of WA; Lib No. 8135; 2 March 1990 R v Semon Abianthony, unreported; Supreme Court of NSW; 61085/1988; 10 May 1989

Tribunal decisions

Significant decisions of the many tribunals, like court decisions, go on to be published in various law report series. In these cases, cite the decision in the same manner as reported court decisions. If not reported, use media neutral citation if available. If the decision is neither reported, nor has a media neutral citation, then use the following elements where given.

(1) Party names
(2) Name of tribunal
(3) Place of hearing
(4) Date of decision
(5) Tribunal reference number

(1) Party names - use names as given on judgment in italics. Some tribunals, e.g. Refugee Review Tribunal, do not give party names. Begin these citations with the name of the tribunal.

(2) Name of tribunal - in roman type and in full.

(3) Place of hearing - in roman type if given.

(4) Date of decision - this is not the date of the hearing but the date the decision was handed down.

(5) Tribunal reference number - cite as for court number in unreported decisions (prior to media neutral citation).

EXAMPLES: McMurchie and Repatriation Commission [2003] AATA 418 Philomena O'Grady v Challenge Bank Ltd Equal Opportunity Commission, Melbourne, 25 January 1994, H93/003 Re Leicester Immigration Review Tribunal, 18 September 1990, IRT Decision W90/00029 Refugee Review Tribunal, Melbourne, 17 April 2003, RRT Reference V03/15157

Decisions of the National Native Title Tribunal (NNTT)

Some decisions will be published in law report series. In these cases, cite the decision in the same manner as reported court decisions. If not reported, use media neutral citation if available. If the decision is neither reported, nor has a media neutral citation, follow the Tribunal's guidelines for citing determinations and rulings which are set out below.

(1) The citation should be begin with "Re".

(2) In general, the citation should contain a primary reference to a party (see below), followed by a reference to the type of application before the Tribunal.

(3) The primary reference in the case of native title and compensation applications, and objections to expedited procedure, should be to the Aboriginal group or language group name of the claimants,

(4) The primary reference in the case of non-claimant applications should be to the applicant.

(5) The primary reference in the case of a future act application should be to the applicant. Where the applicant is a native title party, the reference should be to the Aboriginal or language group name.

(6) Types of applications before the Tribunal are:

(a) Native Title Application eg Re Wiradjuri People's Native Title Application
(b) Non-claimant Application eg. Re Yass Shire Council's Non-claimant Application
(c) Revised Native Title Application
(d) Compensation Application
(e) Future Act Application eg Re Peak Hill Gold Project's Future Act Application
(f) Objection to Expedited Procedure

(7) Follow this information with:

• Place
• Date of determination
• Tribunal application number

EXAMPLES: Wongatha People/Gutnick Resources NL/Western Australia [2003] NNTTA 30 Re Waanyi People's Native Title Application National Native Title Tribunal, Perth 14 February 1995, QN 94/9 Re Associated Gold Fields NL and Alkani Exploration NL's Future Act Application National Native Title Tribunal, Sydney 6 February 1994, NNFA 49/1

(1) Name of the agreement
(2) Date of signing
(3) Signatories (if bi-lateral agreement)
(4) Subdivision referred to (if applicable)
(5) Source in which the treaty can be found
(6) Popular name
(7) Specific information (if required)

The title of the agreement is given in italics, all other information is given in roman type.

(1) Name of the agreement in full - if the treaty's name is very long or it is known by a popular name, subsequent citations to the treaty may use the shorter or popular name indicated by round brackets. (See point 6)

(2) Date of the signing - for relevant country, i.e. Australia, or the date of original agreement.

(3) Signatories - signatories to a multilateral treaty may be included in parenthesis at the end of the citation. When citing a bi-lateral agreement, indicate both parties immediately after the date if they are not mentioned in the title. Join the party names by a hyphen.

(4) Subdivision referred to (if applicable) - use abbreviations art for article, para for paragraph.

(5) Source in which the treaty can be found - include the reference for the specific country series first, followed by the general series if possible.

(6) Shortened or common name - where an international agreement has a common or popular name, or it is cited frequently, the shortened name may be included in round brackets after the Treaty Series citation.

(7) Specific information - date of entry into force for Australia and names of parties which may be signatories, may be included in brackets at the end of the citation.

EXAMPLES: Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, Jan 27 1967, 1967 ATS No 24; 610 UNTS 205 (1967 Space Treaty) Convention on the Elimination of all Forms of Discrimination against Women, Dec 18 1979, 1983 ATS No 9; 19 ILM 33 (CEDAW) (signed for Australia July 17 1980. Entry into force for Australia Aug 27 1983) Agreement concerning Cooperation in Defense Logistic Support, Nov 4 1989, USA-Aust, art VI, 1989 ATS No 28 (due to expire Nov 5 1999)

A. Books

The full citation of a book includes the following elements in the specified order:

(1) Author, joint author, editor, translator
(2) Title
(3) Volume number where necessary
(4) Edition
(5) Publication Information
(6) Citation reference point

(1) Single author - the author's full name, as it appears on the title page, must always be given in the first citation of a work. The order should be last name, followed by given name or initials, followed by a comma. Include any designation or suffix such as Jr or III, including punctuation, exactly as it is given on the title page. The name given on the library catalogue immediately after the title (rather than in the author field) is always taken from the title page.

Joint authors - where a work is written by two authors, their names should appear in the order in which they are given on the title page of the publication, authors names are separated by an ampersand (&).

A work by more than two authors is cited using the first author's name followed by "et al" prior to the comma.

Editor - the editor(s) of a collection of essays is cited in the same way as an author and joint authors above, with the addition of the abbreviation "(ed)" or "(eds)" prior to the comma.

The same methodology is used for compiler (comp), translator (trans) and reviser (rev) where their role is paramount to the work.

(2) Title - the title used should be that given on the title page of the publication not that used on the spine or cover. If the title is long or complicated, subsequent citations may use an abbreviated form. The title must always be in italics or underlined. Titles and sub-titles are separated by " : ", that is a colon with a space on either side. Capitalise the first letter of the title, the sub-title (if relevant) and then all words except articles, connectives and prepositions.

(3) Volume number - the volume number (if applicable) follows the title and precedes the publication information. "Volume" in abbreviated to "vol", "volumes" to "vols", the volume number is cited in Arabic numerals and the title and the volume number are separated by a comma.

(4) Edition - any edition other than the first edition should be indicated, with this information following the title of the work after the volume information. A revised edition should also be indicated. "Edition" is abbreviated to "ed", "revised' to "rev'd".

(5) Publication Information - publication information is enclosed in brackets and includes in the following order:

(5.1) Place of publication followed by a colon. Do not use full stops after initials. Use the abbreviations for Australian jurisdictions indicated in the legislation section of this guide.
(5.2) Publisher (using short forms where possible) followed by a comma. Do not use full stops after initials.
(5.3) Year of publication.

(6) Citation reference point, or pinpoint reference- the final element of the citation is the specific page or chapter reference preceded by a comma.

EXAMPLES: Cook, Catriona et al, Laying Down the Law (Sydney : Butterworths, 2001) Carter, Gerard B, Law in Australia : The Question and Answer Book (Sydney : Blackstone Press, 1992), 64-65 Hanks, Peter & Keon-Cohen, Bryan (eds), Aborigines and the Law : Essays in Memory of Elizabeth Eggleston (Sydney : Allen & Unwin, 1984), 208 Bennett, Randy E (ed), The Rights Retained by the People, vol 2 (Virginia : George Mason U P, 1993) Crock, Mary & Saul, Ben, Future Seekers : Refugees and the Law in Australia (Annandale, NSW : Federation Press, 2002) Eskridge, William N Jr, Dynamic Statutory Interpretation (Cambridge, Massachusetts : Harvard University Press, 1994) Graw, Stephen, An Introduction to the Law of Contract, 4th ed (North Ryde, NSW : Lawbook Co, 2002)

If you are citing a contribution to a collected work, give the author and title of the chapter or section, as well as the author and title of the whole book. The title of the chapter is placed in inverted commas.

EXAMPLE: Downie, R S, 'Professional Ethics and Business Ethics' in McLean, Sheila A M (ed), Contemporary Issues in Law, Medicine and Ethics (Aldershot : Dartmouth, 1996), 5

If a bibliography containing full publication details is included, it is common and acceptable for footnotes to be less expansive as to publication details, stating only year of publication, or year and edition.

EXAMPLES: 30. Finn, P D (ed), Essays on Restitution (1990) 31. Fleming, John G, The Law of Torts (8th ed, 1992), 10

(1) Author(s)
(2) Title of the article
(3) Year of publication
(4) Volume number, if any
(5) Abbreviated name of the periodical
(6) First page of the article
(7) Citation reference point

(1) Author - the author's surname is given first, followed by initials. Where an article has more than one author, list up to two authors, including initials, using an ampersand between authors. If there are more than two authors, use the first author's name followed by "et al" prior to the comma. Include any designation or suffix such as Jr or III. A comma is used after the author element. Do not add full stops after the initials or after et al.

(2) Title - the title of the article is given in quotation marks. Titles and sub-titles are separated by " : ", that is a colon with a space on either side. Capitalise the first letter of the title, the sub-title (if relevant) and then all words except articles, connectives and prepositions.

(3) Year of publication - the publication year is enclosed in brackets. If the journal does not have volume numbers, include the year of publication in square brackets. If the journal is identified by volume numbers, then the year is enclosed in round brackets.

(4) Volume number - the volume number follows the year of publication. Only where issues within a volume have individual pagination, the issue number is placed immediately following the volume number, separated by a colon.

(5) Name of the periodical - the abbreviated title of the journal is used in italics. There are accepted standard abbreviations for many journal titles; these are sometimes found at the front of each issue. If the periodical may be unfamiliar, use its name in full.

(6) First page of the article - the first page number of the article is indicated after the name of the journal.

(7) Citation reference point, or pinpoint reference - where there is a specific reference point within the article, the page number of that point is placed after the first page number of the article, the two being separated by a comma.

EXAMPLES: Akhurst, B & Bodger, A, 'Product Liability Reform : The Australian Law Reform Commission's Report' (1989) 63 Law Institute Journal 1054, 1056 Cooper, J et al, 'Litigation Rises Over Employee Bonus Schemes' (2001) 39:8 Law Society Journal 38 Burmester, H, 'Zone of Cooperation Treaty' [1990] Maritime Studies 16, 17 Campbell, D, 'Fingerprints' [1985] Crim L R 175 Tyree, A L, 'Cheque Washing : Part 2' (2002) 13 Journal of Banking and Finance Law and Practice 195 Watts, C Jr, 'Corporate Legal Theory under the First Amendment : Bellotti and Austin' (1991) 46 U Miami L Rev 317

Journal articles accessed from electronic sources

When citing journal articles from an electronic source, for example a database such as Proquest or LexisNexis, or from Internet sources, use the rules outlined above and then add the following:

(8) Publication media (Electronic)
(9) Name of the supplier or database in italics, where relevant
(10) If the source is not a database give the web address
(11) Date of access in parentheses

EXAMPLES: Jackson, M, 'Pregnancy and Employment : Three Approaches to Equal Opportunity' (1988) 68 BUL Rev 1019, 1022 Electronic LexisNexis (6 May 1998) Kersten, J, 'Culture Masculinities and Violence Against Women (Masculinities, Social Relations and Crime)' (1996) 36:3 British Journal of Criminology 381, 3 Electronic Expanded Academic ASAP (6 May 1998) Di Marco, L, 'A Critique and Analysis of the Fiduciary Concept in Mabo v Queensland ' (1994) 19:4 Melbourne University Law Review < http://uniserve.edu.au/law/pub/journals/mulr/Vol19No4LisaDiMarco.html#Vol.19 No. 4 - Lisa Di Marco >part IIA Electronic (7 January 1999) Whitney, K, 'The Seriousness of the Offence: Proportionality in Sentencing Sexual Offenders in Western Australia' (1996) 3:1 E Law < http://www.murdoch.edu.au/elaw/issues/v3n1/whitney.html >para 10 Electronic (10 February 1999)

(1) Author
(2) Title
(3) Newspaper
(4) Date
(5) Page reference

(1) Author - signed articles should include the full initials of the author; the citation of an unsigned article begins with the title of the piece.

(2) Title - the title of the article is enclosed in quotation marks. Capitalise the first letter of the title and then all words except articles, connectives and prepositions. For untitled articles (i.e. Letters to the Editor) include a description of the piece cited after the author details. Do not enclose the description in quotation marks.

(3) Newspaper - the name of the newspaper is italicised. Following the name of the newspaper include in round brackets the place of publication if it is not evident from the name.

(4) Date - include in this element the day(s), month and year of issue.

(5) Page reference - give the page number on which the article appears. If the article is only on one page, do not repeat that page number as the citation reference point. If the newspaper uses other forms of page and column designation, use those formats.

EXAMPLES: McHugh, B, 'Letter to the Editor' The West Australian 19 November 1982, 6 McConville, M, 'Wanted : More Direction, Less Interrogation' The Times (London) 2 March 1913, 31 Morris, L, 'Green Slips to Cost More' Sydney Morning Herald 31 January 1994, 1 'The Longwait' Australian Magazine 12-13 December 1992, 38, 41-2 Wilkinson, S, 'The Case Against Anita Hill' New York Times 23 May 1993, A20

Newspaper articles accessed from electronic sources

When citing newspaper articles accessed from an electronic source, for example a database such as Factiva or LexisNexis, use the rules outlined above and then add the following:

(6) Publication media (Electronic) unless the URL is required
(7) Name of the supplier or database in italics, where relevant
(8) If the site is not a database give the web addresss, the URL
(9) Date of access in parentheses

EXAMPLES 'Patrick Stevedores Seeks to Appeal Against Order to Reinstate Sacked Dockers' AFX News 24 April 1998 Electronic LexisNexis (7 May 1998) Clery, Daniel, 'Human Rights Plan Savaged' The West Australian 30 April 2003 Electronic Factiva (9 May 2003) 'Ruddock to Grant East Timorese Visas' The West Australian 3 June 2003 <http://www.thewest.com.au > (3 June 2003) 'A Needed Human Rights Law' New York Times 2 June 2003, 16 Electronic Proquest (2 June 2003)

If citing from an individual unpublished conference paper, the citation should include the following elements, in this order:

(1) Author's name
(2) Title of the paper in italics
(3) Description of the conference
(4) Date and place of the conference (if known)
(5) Citation reference point if paper is paginated

EXAMPLES: Faith, Herbert, Some Political Differences of Indonesian Intellectuals, paper presented to the Conference of the Australian Political Studies Association, Canberra 1964 Dickey, Anthony, 'A Question of Priorities : Wives or Unsecured Creditors' Proceedings of the Fifth National Family Law Conference (Melbourne : Business Law Education Centre, 1992) 303

Conference papers accessed from electronic sources
When citing conference or seminar papers accessed from an electronic source use the rules outlined above and then add the following

(6) Publication media (Electronic)
(7) Name of the supplier or database in italics, where relevant
(8) If the source is not a database give the web address
(9) Date of access in parentheses

EXAMPLES: Matthew, Anne, 'Ascertaining the Dimensions of a Reasonable Restraint of Trade in an Intellectual Property Context - An Analysis of the Australian High Court's Decision in Maggbury v Hafele' paper presented at the Australasian Law Teachers' Association Annual Conference, 2002, Murdoch University School of Law, Perth, Western Australia, Electronic (2002) 9:3 E Law < http://www.murdoch.edu.au/elaw/issues/v9n3/matthew93.html > (3 June 2003)

Legal encyclopaedias are generally not usually cited because of the overview nature of the material. However if a writer must cite an encyclopaedia we recommend the following approach from the Australian Guide to Legal Citation

Australian Guide to Legal Citation

1. Publisher
2. Title of Encyclopaedia, proceded by a comma.
3. Volume number if using the print volumes, proceded by a comma. Do not include a volume number if you are accessing the service online.
4. Date of retrieval or date consulted. The date you looked at the encyclopaedia in round brackets after the word at.
   If an encyclopaedia is not available online and is not updated by inserting pages give the year of publication.
   
5. Title number & Name of title.
6. Chapter number & name of chapter in single quotation marks, proceded by a comma.
7. Pinpoint reference: paragraph number or page number, proceded by a comma.

Cases, statutes and commentary on a specific subject will often be brought together in a loose-leaf service. The publication of statutes in this format is unofficial, and should not be cited.

Cases published in these services follow standard citation rules, with details provided at the beginning of the case or series.

When citing commentary from a loose-leaf service, the citation should include the following elements, in this order:

1. Publisher - use the abbreviated form of the publishers name, enclose in brackets immediately following the title of the service.
   
   
2. Title of service in italics, and proceded by a comma.
   
   
3. Volume number or designation - this may be a number, a year or a subtitle taken from the volume's spine. It may be any combination of these three. Give in roman type after the abbreviation vol.
   For online services there may not be an obvious volume number, so this element can be ignored.
   
   
4. Date/currency. Give the most recent service/update number for the pinpoint reference. If the update date cannot be determined give the date you accessed the publication in round brackets proceeded by the word at.
   
   
5. Pinpoint reference. This is the specific paragraph or section to which you are referring.

EXAMPLES: CCH, Contract Law Commentary (at 15 February 2007) [¶20-500] LexisNexis, Wills Probate and Administration Service WA (Service 22 - October 2006) [10,000] LexisNexis, Native Title (Service 53 - December 2006) [1680.5] Lawbook Co, Lawyers Practice Manual Western Australia (Update 0, March 2005) [13.1.101]

(1) Jurisdiction
(2) Issuing body
(3) Title
(4) Author, if given
(5) Publication details
(6) Citation reference point

(1) Jurisdiction - an abbreviated form of jurisdiction should be given if the jurisdiction is not made clear by any other element of the citation. Given in roman type followed with a full stop.

(2) Issuing body - in roman type, with the first letter of all words capitalised, except articles, connectives and prepositions. This is followed by a comma.

(3) Title - in italics, capitalise as above. After the title include in italics any specific designation e.g. Research report, Discussion paper. The specific designation should be separated from the title by a colon.

(4) Author, if given.

• An individual author having sub-ordinate responsibility for the publication should have their name in roman type following the title. The individual's name is preceded by "by".
• Where an individual author(s) has primary responsibility for the work, cite as for books, including in italic type after the title any specific designation of the work, e.g. Report for ..... ; Interim report.
• In the case of committees and commissions of inquiry, the name of the chairperson is given after the title information, in roman type and in brackets.

(5) Publication details - in roman type and in brackets. Publication details are given in the same format as for books.

(6) Citation reference point - if citing from a specific page of the publication, indicate the page number only.

British Command papers have the command number included in the citation. The number follows the title.

EXAMPLES: Australia. Dept of Community Services and Health, The Quantification of Drug Caused Morbidity and Mortality in Australia 1988 (Canberra : AGPS, 1990), 10 Australia. Commission of Inquiry into Poverty, Poverty in Australia : First Main Report (Prof R.F. Henderson, Chairperson) (Canberra : AGPS, 1975) Great Britain. Law Commission, The Hearsay Rule in Civil Proceedings Cmnd 2321 (London : HMSO, 1993) Australia, Parliament. Senate Standing Committee on Legal and Constitutional Affairs, Evidence Bill 1993 : Interim Report (Barney Cooney, Chairperson) Parl. Paper 134/1994 (Canberra : The Senate, 1994) Milner, Gerald, Darwin "Drunks" : A Report for the Department of the Northern Territory (Canberra : Govt Printer, 1975)

A number of issues arise when citing government publications. The names of government departments and organisations change over time. In these cases, cite the title of the department or organisation as it appears on the document being cited.

Some departmental reports and parliamentary reports which are originally published as government publications are subsequently tabled before parliaments and then become known as parliamentary papers.

In this form the individual reports are allocated a parliamentary paper number and republished in the annual Parliamentary Papers series.

When citing from a report in the Parliamentary Paper format, the elements of the citation will be slightly different.

EXAMPLES: Australia. Dept of Primary Industries and Energy Annual Report 1991-1992 (Canberra : AGPS, 1992) Australia, Parliament. Department of Primary and Industries and Energy Annual Report 1991-1992, Parl. Paper 415/1992 (Canberra : AGPS, 1992)

The Parliamentary Paper number and year appear after the title designation and chairperson details where these are relevant.

Government reports/publications accessed from electronic sources

Use the rules outlined above and then add the following

(7) The URL or internet address of the document, in angled brackets

(8) Specific page or location if required, and if possible. See also Pinpointing Resources in this guide.

(9) Date of access in parentheses

EXAMPLES: Australia. Attorney General's Dept, Copyright Reform and the Digital Agenda : Discussion Paper July 1997< http://law.gov.au/publications/digital.htm> part 5.2 (10 February 1999) Australia, Parliament. House of Representatives Standing Committee on Education and Training, Boys : Getting it Right : Report on the Enquiry into the Education of Boys < http://www.aph.gov.au/house/committee/edt/eofb/report/fullrpt.pdf>(Kerry Bartlett, Chairperson) (Commonwealth of Australia, 2003) (21 May 2003)

(1) Jurisdiction
(2) Title of the document
(3) Issuing body (House of Parliament)
(4) Date
(5) Page
(6) Speaker

(1) The jurisdiction is given in full and in roman type.

(2) Title of document - given in italics. Capitalise the first letter of the title and then all words except articles, connectives and prepositions.

(3) Issuing body - the name of the house of parliament is given in full and in roman type. In some publications there is one series of Hansard which includes debate from both houses. In such cases use the designation "Parliament".

(4) Date - full date of debate

(5) Page

(6) Full name of speaker and position of speaker in the government or opposition ministry where applicable - in round brackets

EXAMPLES: Commonwealth of Australia, Parliamentary Debates, House of Representatives, 16th December 1992, 3833 (Paul Keating, Prime Minister) Western Australia, Parliamentary Debates, Legislative Assembly, 20th March 2003, 5691 (M. McGowan, Parliamentary Secretary)

(1) Australian Bureau of Statistics
(2) Publication title - in italics
(3) ABS catalogue number (Cat no.)- including the decimal specification
(4) Sub-title or table detail if relevant
(5) If accessed electronically include Electronic AusStats
(6) Publication details - in brackets. Include month as well as year if given.
(7) Citation reference point preceded by a comma.

EXAMPLES: Australian Bureau of Statistics Australia's Long-term Unemployed : A Statistical Profile Cat no. 6255.0 (Canberra : ABS, 1995), 35 Australian Bureau of Statistics Profiles of Australian Business 1992 Cat no. 1322.0 (Canberra : ABS, 1995) Australian Bureau of Statistics Industrial Disputes, Australia Cat no. 6321.0 "Table 3. Working Days Lost" Electronic AusStats (Canberra : ABS, March 2003)

1. Jurisdiction if this is not clear from the name of the issuing body and should be given in full in roman type.
2. Issuing body given in roman type.
3. Publication title - in italics. Capitalise the first letter of the title and then all words except articles, connectives and prepositions.
4. Category designation - if this is not indicated as part of the publication title and is given on the title page, include it immediately after the title, in roman type. If a category number is given e.g. Discussion paper 37, include that number here
5. Publication Information - publication information is enclosed in brackets and includes in the following order:
   (5.1) Place of publication followed by a colon. Do not use full stops after initials. Use the abbreviations for Australian jurisdictions indicated in the legislation section of this guide.
   (5.2) Publisher (using short forms where possible) followed by a comma. Do not use full stops after initials.
   (5.3) Year of publication.
   
6. Citation reference point - specify whether page (p) or paragraph (para).

EXAMPLES: Law Reform Commission of Canada Report on Recodifying Criminal Law (Ottawa : Law Reform Commission of Canada, 1988), 20-21 and App. A New South Wales Law Reform Commission Directed Verdicts of Acquittal Discussion Paper 37 (Sydney : The Commission, 1995) Great Britain Law Commission Criminal Law : Rape Within Marriage Report 205 (London : HMSO, 1992) Law Reform Commission of Western Australia Discussion Paper on Police Act Offences Project no. 85 (Perth, WA : The Commission, 1989) Australian Law Reform Commission Essentially Yours : The Protection of Human Genetic Information in Austalia Report 96 (Sydney : ALRC 2003), 46.1

Unpublished theses and papers should be acknowledged in a bibliography as well as in footnotes. Other sources should be footnoted only.

Unpublished theses

When citing a thesis, the university under whose auspices the research was undertaken must be acknowledged.

EXAMPLE: Hansord, Ruth Dianne, Abolishing the Monarchy in Western Australia : The Consequences (Honours thesis, University of Western Australia, 1994)

Unpublished paper

EXAMPLE: Carney, T & Akers, K, 'Reviewing Disability Planning' (Unpublished paper, 1989)

Statement

EXAMPLE: Detective N J Raymond, Statement in the Matter of the Murder of Leigh Leigh Newcastle Police Station NSW (12 March 1990)

Interview

EXAMPLE: Telephone Interview with Anita F Hill, Professor, University of Oklahoma College of Law (22 September 1993)

Media Release

EXAMPLE: Australia. A-G Michael Lavarch 'Justice Statement - Balancing the Scales' Media Release 32/95 (18 May 1995)

Speech or Address

EXAMPLE: Australia. Prime Minister Paul Keating Mabo - An Address to the Nation Prime Ministerial Address (Canberra, 15 November 1993)

Footnote in another work

EXAMPLE: Mathew, P 'International Law and the Protection of Human Rights in Australia : Recent Trends' (1995) 17 Sydney LR 177, 181 n 25

Source cited in another source

EXAMPLE: MacKinnon, C, Feminism Unmodified : Discourses on Life and Law, 1987, 38 quoted in Graycar, R & Morgan, J, The Hidden Agenda of Law (Sydney : Federation Press, 1990) 51

Internet Sources - FTP and Telnet

General rules relating to internet sites include

(1) Author or editor if available
(2) Document title in quotation marks
(3) Home page title or complete work title if relevant
(4) Publication or last revision date, if available.
If the publication date is not available, give the date the material was last updated, or modified. A relevant publication date maybe shown clearly on the page or be seen only in the source document view. There is no standard requirement that a publication date be included on an internet document. In that case the access date is the only date which can be given. Most internet browsers allow viewing of document source through the View pull down menu. The relevant menu option will be source, page information, or document information.
(5) Internet address URL including the destination link. Some sites do not allow direct linking so your address must include the relevant commands and full address or linking sequence.
(6) Access date this is mandatory and should be in parentheses at the end of the citation.

EXAMPLES 'History of the High Court' < http://www.hcourt.gov.au/about_02.html > High Court of Australia (21 May 2003) Whitney, K, 'The Seriousness of the Offence : Proportionality in Sentencing Sexual Offenders in Western Australia' (1996) 3:1 E Law <ftp://cleo.murdoch.edu.au/pub/elaw/issues/v3n1/whitney.txt> para 10 (3 July 2003) Australian Commonwealth Government Entry Point (15 January 1999) < http://www.fed.gov.au/ >(10 February 1999)

Email

(1) The author's name,
(2) The author's e-mail address, in angle brackets
(3) The subject line from the posting, in quotation marks
(4) Date of posting
(5) The kind of communication (eg personal e-mail, distribution list, office communication)
(6) The specific page or location, if required and if possible
(7) Date of access

EXAMPLE <kotai@portia.murdoch.edu.au> Kotai, J, 'IHS Australian Standards File - Internet (www) Beta Test Phase 2' 14 May 1998 Personal e-mail (14 May 1998)

Listservs (Discussion Lists) and Newsgroups

(1) The author's name, if known
(2) The author's e-mail address, in angle brackets
(3) The subject line from the posting, in quotation marks
(4) Date of posting
(5) The address of the listserv or newsgroup, in angle brackets
(6) The specific page or location, if required and if possible
(7) Date of access

EXAMPLES <Stefan.Petrow@utas.edu.au> Petrow, Stefan, 'Tasmanian Legislation Online' 9 Apr 1998 <anz-law-librarians-one@uow.edu.au> (9 Apr 1998) <wsimon@unog.ch> Simon, W, 'INT-LAW Western Australian Regulations 1982' 12 May 1998 <http://www.ljextra.com/mailinglists/intlaw-l/6709.html> (15 May 1998)

Australian Guide to Legal Citation, 2nd ed (Melbourne : Melbourne University Law Review Association, 2002)
< http://www.law.unimelb.edu.au/mulr/PDFs/aglc_dl.pdf > (3 July 2003)
(340.0148 AUS 2002)

The Bluebook : A Uniform System of Citation, 15th ed (Cambridge, Mass : Harvard Law Review Association, 1991)
(R 340.0148 BLU)

Enright, Christopher, 'Legal Research and Interpretation Techniques' papers presented for the Continuing Legal Education Department of the College of Law (St Leonards, NSW : The Dept, 1994)
(340.0715 COL)

Campbell, E et al, Legal Research : Materials and Methods, 4th ed (Sydney : LBC Information Services, 1996)
(340.072 CAM 1996)

Li, Xi and Crane, N, Electronic Style : A Handbook for Citing Electronic Information (Medford, N.J. : Information Today, 1996)
(808.027 LIX 1996)

McGill Law Journal Canadian Guide to Uniform Legal Citation, 2nd ed (Toronto : Carswell, 1988)
(R 340.0148 CAN)

Olsson, L T, Guide to Uniform Production of Judgments, 2nd ed (Carlton South, Vic : AIJA, 1999)
(347.94077 OLS 1999)

Style Manual for Authors, Editors and Printers, 5th ed (Canberra : AGPS Press, 1994)
(R 808.025 STY)

Style Manual for Authors, Editors and Printers, 6th ed (Canberra : John Wiley & Sons Australia, Ltd, 2002)
(R 808.025 STY 2002)

Stuhmke, Anita Legal Referencing (Sydney : Butterworths, 2001)
(R 340.148 STU 2001)

University of Chicago Law Review & University of Chicago legal forum (eds) The University of Chicago Manual of Legal Citation ([Rochester, N.Y.?] ; Lawyers Co-operative Pub. Co., Bancroft-Whitney Co. and Mead Data Central, 1989)
(R 340.1048 UNI)

Watt, Robert, Concise Legal Research, 4th ed (Sydney : Federation Press, 2001)
(340.072 WAT 2001)