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AGLC3 frequently asked questions

How do I cite a source appearing within another source?

Where possible, the original source should be referred to and cited, but if it is important to acknowledge both sources together, then according to AGLC3 rule 1.3, use a clause - quoting, quoted in, citing, cited in - to link both references.

Example:

  • Byrnes v Kendle (2011) 243 CLR 253, 254, citing Orr v Ford (1989) 167 CLR 316, 337-341.
  • Orr v Ford (1989) 167 CLR 316, 337, quoted in Byrnes v Kendle (2011) 243 CLR 253, 254.

Can I footnote multiple sources in the same footnote?

Yes, according to AGLC3 Rule 1.1.3, but you need to use a semicolon between each source. Do not use 'and' between the second-last and last source.

Example: Byrnes v Kendle (2011) 243 CLR 253; Orr v Ford (1989) 167 CLR 316.

How should I cite a judicial officer? Should I include their title?

This can be tricky because it depends if the judge is writing curially or extra-curially - that is, writing in judgement or not. Consult the general rule (AGLC3 1.14.4) in conjunction with the rule appropriate to the jurisdiction (see below).

The general rule says, if citing a decision of the court, it is appropriate to refer to the judge's surname and title in-text and in-citation where their identity is not otherwise apparent. The title is usually abbreviated and appears after the surname (see the full list of judicial abbreviations at AGLC3 Rule 2.9.1). For example, Mason CJ

If the judicial officer is writing extra-curially, the unabbreviated judicial title may be used. For instance, Chief Justice Mason.

Rules:

  • 1.14.4 General Rule
  • 2.9.1 Identifying Judicial Officers (Domestic Cases)
  • 9.2.8 Identifying Judges (International Court of Justice)
  • 23.1.6 Identifying Judicial Officers (United Kingdom)
  • 24.1.8 Identifying Judges (United States)

Can I cite the popular or abbreviated name of a case?

While it is important to ensure that you have included the full citation of the case the first time you reference it, according to AGLC3 Rule 2.1.14, you can use an abbreviated or popular case name when you are referring to the case more than once. This first time you reference a case, include the full details including party names and citation followed the popular or short title in single inverted commas and parenthesis. As in:

First reference: Commonwealth v Tasmania (1983) 158 CLR 1 ('Tasmanian Dam Case').

In subsequent references replace the party names with the short title: Tasmanian Dam Case (1983) 158 CLR 1.

Should I count my footnotes in the assignment word count?

As a general rule, headings and quotations are included in your assignment word count, but you should check your assignment task description to see if footnotes should be counted.

In the news: Gummow and Spigelman join Hong Kong Court of Final Appeal

The South China Morning Post has reported that the Honourable William Gummow, former Justice of the High Court of Australia, and the Honourable James Spigelman, former Chief Justice of the Supreme Court of New South Wales, have been appointed to the Court of Final Appeal (Hong Kong).

See Top court gets new permanent judge (9 April 2013).

In the news: Tenant Advice and Advocacy Services under threat

According to a Brisbane Times article, the Queensland Government will cease funding the Tenant Advisory and Advocacy Services at the end of this financial year. The service is designed to help Queenslanders access free legal information and advocacy services for residential tenancy matters.

The Government has recently recommended a number of changes in how legal services are funded in Queensland. To access the full report and recommendations see, Review of the allocation of funds from the Legal Practitioner Interest on Trust Accounts Fund.

For futher information see Tenants group faces eviction (Brisbane Times, 12 April 2013)

Legal history: Interactive history of the UK Supreme Court

The UK's highest court of appeal has ruled on cases ranging from prenups to Star Wars helmets and the definition of a miscarriage of justice (guardian.co.uk, 31 January 2012)

mouse-copy1.png The UK supreme court: An interactive history

New database: LexisNexis Practical Guidance

The Library has recently subscribed to LexisNexis Practical Guidance, a research tool that offers modules in a range of practice areas. Use this resource to discover practice-related checklists, legislation, case law and commentary. As the name suggests, this resource also offers practioner guidance throughout.

To explore LexisNexis Practical Guidance, click on the relevant practice area appearing on the top of the screen, and then browse to the relevant topic or use the search bar appearing on the right-hand side of the screen. practical guidance screenshot.jpg

New database: Queensland Historical Acts 1867-1951

AustLII has published a new database containing over 1500 Queensland historical Acts from 1867 to 1951.

To locate the historical Acts, users can search the database, browse by year the Act was passed, or find the Act in an alphabetical list.

The OzCase Queensland Historical Legal Collection is another great resource for early legislation in Queensland.

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Law Library Opening Hours

The Walter Harrison Law Library will be closed from Friday the 29th March, and will reopen on Tuesday the 2nd of April.

The 24/7 study space will remain open and can be accessed via the Great Court near the Michie Building.

See Library opening hours

In the news: Queensland considers changes to juvenile justice system

The Queensland Government is proposing a raft of changes to the juvenile justice system, including:

  • review of the Youth Justice Act 1992
  • removing the principle that detention must be an option of last resort when sentencing juvenile offenders
  • changing naming laws so that repeat juvenile offenders can be publicly named
  • making breach of bail an offence.

For full details see Blueprint for the Future of Youth Justice

Media coverage:

Fair Work Amendment Bill 2013

The Fair Work Amendment Bill 2013 (Cth) was introduced to the House of Representatives on 21 March 2013.

It is further implementing some of the changes recommended by the Fair Work Act Review. The Fair Work Act Review Panel's Final Report is available in the Library.

Information about this bill is available from TimeBase: http://www.timebase.com.au/topics/2013/03/23/fair-work-amendment-bill-2013-introduced-federal-parliament and in newspaper articles on Factiva.

You can access the bill (including its explanatory memorandum) and track its progress through Parliament using TimeBase LawOne or the Parliament of Australia website.

The Library subscribes to the Employment Point in Time Service available via TimeBase which allows you to track changes to employment legislation easily over time.

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Podcasts for lawyers

What is a Podcast?

According to Apple, a podcast is:

an episodic program delivered via the Internet using an XML protocol called RSS. Podcast episodes can be audio files, video files, documents or any combination of the three.

Why listen to Podcasts?

Podcasts are a great way to stay up-to-date with the latest news and current affairs. Best of all, you can download podcasts to your smart device and listen to them while you are on the run. You can subscribe to podcasts in iTunes and most are completely free.

Some listening suggestions

The Law Report - This weekly program is broadcast on ABC Radio National and covers breaking legal stories.

Law in Action - Broadcast on BBC Radio 4, this show has been covering legal issues since 1984.

Pod Rights - Pod Rights is a fortnighly program delivered by the Australian Human Rights Commission.

Australian Law Reform Commission Podcasts - These podcasts focus on current and past reviews undetaken by the Australian Law Reform Commission.

LexisNexis Knowledge Network -LexisNexis produces podcasts on a range of legal issues.

Right Now - Right Now focuses on human rights issues and is broadcast fortnightly.

Done by Law: Taking a Radical Look at the Law Since 1980 - Presented by the Federation of Community Legal Centres, Done By Law focuses on social justice, community development and current legal news.

Oxford Institute for Ethics, Law and Armed Conflict

University Law School Podcasts

Many university law schools provide podcasts of special events, orations and guest lectures.