researching singapore, uk and australian case law content by: lee su-lin © c j koh law library...
TRANSCRIPT
Researching Singapore, UK and
Australian Case Law
Content by: Lee Su-Lin
© C J Koh Law Library 2005-2013
Important Note No part of this publication may be reproduced or
transmitted in any form or by any means, including photocopying and recording, without the written permission of the copyright holder, application for which should be addressed to the author. Such written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature.
No copyright is claimed in the text of statutes, regulations and court decisions quoted within this work.
© C J Koh Law Library 2005-2013
Introduction
This tutorial was originally designed for first year law students on the NUS Faculty of Law’s LAWR Programme (AY 2005-07).
It provides an overview of the major law reports of Singapore, UK and Australia as well as the research tools for locating cases in these jurisdictions.
© C J Koh Law Library 2005-2013
Contents
I. Singapore Case Law p.5
Major Law ReportsOther Current Sources of Case LawDiscontinued SeriesResearch Tools
II. UK Case Law p.24
Modern Law ReportsOlder SeriesResearch Tools
III. Australian Case Law p.44
Law ReportsResearch Tools
IV.References p.54
© C J Koh Law Library 2005-2013
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I. Singapore Case LawA. The Major Law Reports
The 2 principle sets of law reports in Singapore are:
Singapore Law Reports (SLR) Coverage of cases from 1965.
Malayan Law Journal (MLJ) Contains both Singapore and Malaysian cases. Coverage of Singapore cases from 1932 to 1991.
Not all cases are reported. A case is only selected for reporting if it raises a point of legal significance. Therefore, only a small proportion of cases are reported, and these are mainly from the Supreme Court (i.e. High Court, Court of Appeal and Constitutional Tribunal)
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I. Singapore Case LawA. The Major Law Reports
Online: LawNet (NUS Faculty of Law; Other NUS staff & students)
Print: K7599 MLJPrint: K7599 SLR
Singapore Law Reports Malayan Law Journal
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I. Singapore Case LawA. The Major Law Reports
Print: K7599 SLROnline: LawNet (For: NUS Faculty of Law; Other NUS staff & students)
The Academy of Law has re-issued the Singapore Law Reports from 1965 through 2009 with re-written headnotes for the reports from 1965–2002, and re-edited judgment texts that conform to the SAL house-style. This set of reports is called the Singapore Law Reports (Reissue).
Both the original SLR volumes from 1965 to 2002 and the Reissue are equally authoritative as each judgment reported in both remains in substance, though not in form, the same.
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I. Singapore Case LawA. The Major Law Reports
The Singapore Syariah Appeals Reports was launched on 21 May 2012.
This series contains the authoritative grounds of decisions delivered by the Syariah Appeal Board between 1980 and 2010. It also includes grounds of decisions for appeals heard by the Appeal Board from the decision of the Registrar of Muslim Marriages.
Print: K7599 SSC
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I. Singapore Case LawB. Other Current Sources of Law
Unreported Judgments
These are full text transcripts of written judgments as handed down in the Subordinate Courts, the High Court and Court of Appeal. They are available on LawNet (see page 10).
Earlier judgments are also available in print in the law library:Ref: K7599 CA (Court of Appeal, Civil Appeals) K7599 CRA (Court of Appeal, Criminal Appeals) K7599 DC (District Court) K7599 J (High Court) K7599 MC (Magistrates’ Court)
“Case Law & Decisions” of the Subordinate Courts and Supreme Court are also available for free for the last 3 months in LawNet under its links to Free Resources.
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I. Singapore Case LawB. Other Current Sources of Law
Decisions of Boards/TribunalsThe decisions of various tribunals and boards are available in full text in LawNet. Most of these decisions are not available in print elsewhere. They include decisions of the:
• Copyright Tribunal• Income Tax Board of Review• Military Court of Appeal• Strata Titles Boards• Syariah Appeal Board.
LawNet access: NUS Faculty of Law; Other NUS staff & students
Title Abbreviation Publication Date Ref
Colony of Singapore Law Reports
(previously calledSingapore Law Reports)
SLR 1954-1957(covers 1953-1956)
1950-1951(covers 1946-1949)
K7599 SLR
K7599 SLR
Straits Settlements Law Reports
SSLR 1927-1950 (new series)(covers 1926-1942)
1893-1931 (old series)(covers 1867-1922)
K7596 SSLR
K7596 SSLR
Federated Malay States Law Reports
FMSLR 1922-1941(covers 1906-1940)
K7600 FMSLR
Straits Law Journal SLJ 1888-1892 K7596 SLJ
Kyshe’s Reports Ky 1885-1890(covers 1808-1884)
K7596 Ky
Straits Law Reports SLR Leic 1877(covers 1827-1875)
K7596 SLR
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I. Singapore Case LawC. Discontinued Series
There are several discontinued series of law reports that contain older cases from the courts of Singapore, Malaya and Borneo.
A complete listing of these reports can be found on p.vii-viii of Mallal’s Digest: Consolidated Table of Cases 2009 Reissue under the section entitled “Reports and Publications and Their Abbreviations”. (Print: K7599.3 Md)
Here is a reverse chronological list of a selection of old law reports:
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I. Singapore Case LawD. Research Tools
There are 6 categories of tools to help find andresearch case law:
i. Indexes to legal abbreviations
ii. Indexes to law reports
iii. Indexes with abstracts of cases
iv. Citators
v. Commentaries
vi. Full text databases
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I. Singapore Case LawD. Research Tools
(i) Indexes to Legal Abbreviations
These indexes help to identify legal abbreviations. Where the case citation is known, the first step to locating a case is identifying the law report that the abbreviation stands for.
For example, the index answers the question, “What does the abbreviation SLR Leic in the citation [1858] SLR Leic 56 mean?”
For local law reports, it is recommended that you useSingapore - Legal Abbreviationshttp://libportal.nus.edu.sg/frontend/ms/c-j-koh-law-library/research/legal-resources-on-the-web/law-in-singapore/glossaries-and-indexes/singapore-legal-abbreviations
If you prefer a print index, then refer to the Appendix at the back of the Canadian Guide to Uniform Legal Citation.Print: KB280.2 Can 2010
Example:Using Singapore - Legal Abbreviations to find out what “SLR Leic” stands for:
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I. Singapore Case LawD. Research Tools
(ii) Indexes to Law Reports
These are indexes published by the individual law report series.They contain 2 important categories of indexes:
Alphabetical list by name of cases Useful for finding full citations of cases when the names of the parties are known.
Subject index of cases Useful for locating cases on a particular subject.
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I. Singapore Case LawD. Research Tools
(ii) Indexes to Law Reports (contd.)
Alphabetical index:a. Singapore Law Reports (Reissue): Comparative Table of Citations & Table of Cases Reported 1965 to 2009The “Table of Cases Reported” is an index to cases reported in the Singapore Law Reports from 1965 to 2009. For cases reported after 2009, refer to the Table in the individual volumes of the Singapore Law Reports.Print: K7599 SLR
b. The Malayan Law Journal Consolidated Tables 1932-1998: General Index and Table of Cases Reported(Also Consolidated Tables 1998-2002, 2003-2005, 2006-2007, etc.)
The “Table of Cases Reported” in these volumes index cases reported in The Malayan Law Journal and the Malayan Law Journal (Supplementary Series)Print: K7599 MLJ
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I. Singapore Case LawD. Research Tools
(ii) Indexes to Law Reports (contd.)
Subject index:a. Singapore Law Reports (Reissue): Subject Index 1965 to 2009For cases reported after 2009, refer to the “Subject Index” in the individual volumes of the Singapore Law Reports.Print: K7599 SLR
b. The Malayan Law Journal Consolidated Tables 1932-1998: Subject Index(Also Consolidated Tables 1998-2002, 2003-2005, 2006-2007, etc.)These contain a “Subject Index” to cases reported in The Malayan Law Journal and the Malayan Law Journal (Supplementary Series)Print: K7599 MLJ
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I. Singapore Case LawD. Research Tools
(iii) Indexes with Abstracts of Cases
The main index in this category is the Mallal’s Digest.
The Digest contains summaries of all reported cases decided by the Malaysian and Singapore superior courts since 1808, as well as all selected unreported decisions delivered in recent years.
Both alphabetical and subject indexes for cases digested in the 4th edition of Mallal's Digest (Reissue) volumes are available in this series.
Mallal’s Digest (4th Ed.)Print: K7599.3 Md
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I. Singapore Case LawD. Research Tools
(iii) Indexes with Abstracts of Cases (contd.)
a. Mallal's Digest: Consolidated Table of Cases 2009 ReissueAlphabetical table of cases from as early as 1808 digested in the 4th edition of Mallal's Digest (Reissue) volumes. Refer to the “Preface” for dates of coverage.Print: K7599.3 Md
To update, use:b. Mallal’s Digest [Yearbooks]Refer to the “Table of Cases” in each volume.Print: K7599.3 MDY
c. Mallal’s Current LawRefer to the “Table of Cases Digested” in each issue. Use this to search for the current or previous year’s cases.Print: K7599.3 MCL
Alphabetical index
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I. Singapore Case LawD. Research Tools
(iii) Indexes with Abstracts of Cases (contd.) Subject Indexa. Mallal’s Digest: Consolidated Subject Index 1808 to 2012This subject index is contained in 3 volumes. However, the paragraph references may not be in sync with later reissue volumes of Mallal’s.Print: K7599.3 Md
To update, use:b. Mallal’s Digest [Yearbooks]Search the “Subject Index” within later volumes.Print: K7599.3 MDY
c. Mallal’s Current LawSearch the “Subject Index” at the back of each issue. Use this to search for the current or previous year’s cases.Print: K7599.3 MCL
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I. Singapore Case LawD. Research Tools
(iv) Case Citators
Having located a case, you will need to confirm if the case is still good law. You can do this by checking the subsequent judicial history of the case using case citators. This is referred to as “noting up”.
The case citators provide citations to subsequent cases in which the original case is followed, distinguished, overruled, referred to, etc.
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I. Singapore Case LawD. Research Tools
(iv) Case Citators (contd.)
To note up a Singapore case, refer to:a. Singapore Law Reports (Reissue): Table of Cases Referred to: 1965 to 2009Contains a list of annotated cases referred to in annotating cases reported in the Singapore Law Reports (Reissue). Includes significant English, Australian and Indian cases.Print: K7599 SLR
To note up more recent cases, refer to the “Table of Cases Referred to” in the latest issues or volumes of the Singapore Law Reports.Print: K7599 SLR
b. Mallal’s Digest: Case Citator 1932 to 2010Contains a list of annotated cases referred to in annotating cases reported in the Singapore Law Reports and Malayan Law Journal. Includes references to cases which go as far back as the 1800s.Print: K7599.3 Md 2010
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I. Singapore Case LawD. Research Tools
(v) CommentariesThese publications contain comments and analyses of cases. They serve as good starting points for legal research:
Halsbury’s Laws of SingaporePrint: KE5011 Hal
Singapore Academy of LawAnnual Review of Singapore CasesPrint: KE5003 SALAR
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I. Singapore Case LawD. Research Tools
(vi) Full Text DatabasesSearch for cases in these databases by case name, subject or keyword:
LawNet is the only database that contains a comprehensive collection of Singapore cases.Access: NUS Faculty of Law; Other NUS staff & students
Lexis.com contains Singapore cases reported in the Malayan Law Journal from 1954 to 1991.Access: NUS Libraries Resources
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II. UK Case LawA. Modern Reports
1. The Law Reports (1865-)
The official set of law reports published by the Incorporated Council of Law Reporting for England and Wales
Text of each report is reviewed by judges before publication
So, it takes between 10 and 14 months to report cases
The only set of reports that has a summary of thearguments of counsel
The High Court and the Court of Appeal require that where a case has been reported in the Law Reports, it must be cited from that source. Other series may only be used when a case is not reported in the Law Reports. See Practice Direction (Judgments: Form Citation) (Supreme Court) [2001] 1 WLR 194.
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II. UK Case LawA. Modern Reports
1. The Law Reports (1865-) (contd.) The 4 current series of the law reports are:
Title Reports Decisions of Print
Appeal Cases
(AC)
House of Lords, Privy Council &
Court of Justice of the European
Communities
K2022 4C
Queen’s Bench
(QB)
Queen’s Bench & Court of Appeal & ECJ on appeal from QB
K2022 2E
Family(Fam)
Family Division & Court of Appeal on appeal from Fam D
K2022 1C
Chancery
(Ch)
Chancery Division & Court of Appeal on appeal from Ch D
K2022 3B
Online: Justis via NUS Libraries Resources
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II. UK Case LawA. Modern Reports
2. The Weekly Law Reports (WLR) (1953-) Timely, full text reports. Print: K2020 WNR Online: Justis via NUS Libraries Resources
3. All England Law Reports (All ER) (1936-) Timely, full text reports; contains editorial notes. Print: K2020 AELR Online: Lexis Library via NUS Libraries Resources
4. Specialist series Contain a selection of cases in a discrete practice area. e.g. Lloyds Law Reports (maritime and commercial law) Print: K2020 LLLR Online: i-law via NUS Libraries Resources (registration required)
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II. UK Case LawA. Modern Reports
5. Newspapers Brief, edited reports. e.g. The Times Law Reports
Print: K2020 TR/ K2020 TLROnline: Justis via NUS Libraries Resources
6. Unreported judgmentsThese are not available in print in the Law Library, but a selection are available online.Online: LexisNexis via NUS Libraries Resources BAILLI (free access)
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II. UK Case LawB. The Nominate Reports
The Nominate Reports refer to the various published reports of English cases from the Middle Ages to the 1860s. They are known by the names of the reporters and have been reprinted in:
1. The English Reports (1220-1865)Most comprehensive compilation. 176 volumes of cases & 2 index vols. Ref: K2020 EROnline: HeinOnline via NUS Libraries Resources
CommonLII (free access)
2. The All England Law Reports Reprint (1558-1935)Criterion for inclusion: present day relevance or value to the legal profession.Ref: K2020 AE/ K2020 AEE (extension volumes)Online: Lexis Library via NUS Libraries Resources
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II. UK Case LawB. The Nominate Reports
The English ReportsRef: K2020 ER
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II. UK Case LawC. Research Tools
(i) Indexes to Legal Abbreviations
Indexes for UK law reports include: Cardiff Index to Legal Abbreviations
Online: http://www.legalabbrevs.cardiff.ac.uk/
“Table of Abbreviations” in the first volume for the year in theCurrent Law Yearbook
Print: KB3 CLY
Index to Legal Citations & Abbreviations (by Donald Raistrick,3rd ed., 2008)Print: KB280 Rai 2008
“Law Reports and Journals and Their Abbreviations” in Osborn’s Concise Law DictionaryPrint: KB12 Osb 2009
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II. UK Case LawC. Research Tools
(ii) Indexes to Law Reportsa. The Law Reports Index (or Consolidated Index to
Leading Law Reports) (1951-) The red volumes cover cases reported in the Law Reports
as well as the Weekly Law Reports, All England Law Reports, Lloyd’s Law Reports and various other law reports
Contain a table of “Cases Reported” and a table of “Subject Matter”, enabling you to find cases by name or subject respectively.Print: K2022 I
b. All England Law Reports: Consolidated Tables and Index (1936-2012) Only covers cases in the All England Law Reports
Contains a “Table of Cases Reported and Considered” and a “Subject Index”.Print: K2020 AELR
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II. UK Case LawC. Research Tools
(ii) Indexes to Law Reports (contd.)
c. The English Reports Index of Cases (Vol. 177 & 178)
This is an alphabetical listing of cases. Use this if you know the name of the case, but do not have the complete citation (e.g. Alexander v Comber)Print: K2020 ER
English Reports Wall Chart This is useful when you only have the citation to the case, but not the names of the parties (e.g. 1 Keb. 434)Location: on wall opposite Law Library Information Desk
Both indexes indicate the volumes of the English Reports in which the cases have been reprinted.
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II. UK Case LawC. Research Tools
(iii) Indexes with Abstracts of Cases
a. The Digest This set summarises cases drawn from different series
of law reports covering the whole case law of England and Wales together with a selection of cases from the courts of the Commonwealth countries and Europe.
Has both a Consolidated Table of Cases and an Index to subjects.Print: K2028 EED
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II. UK Case LawC. Research Tools
(iii) Indexes with Abstracts of Cases (contd.)
b. Current Law Yearbook and Current Law Monthly Digest
Contain digests of cases from most series of law reports as well as from The Times and The Independent newspapers. Cover UK and EU cases.
Volume 1 of the Yearbook for each year contains a “Table of Cases”.But this index only covers the law from 1 Jan to 31 Dec for that year.Print: KB3 CLY
Each issue of the Monthly Digest contains a “Cumulative Table of Cases” and “Cumulative Index” to subjects. But these only index cases summarised in the publication so far in that calendar year.Print: KB3 CL
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II. UK Case LawC. Research Tools
(iii) Indexes with Abstracts of Cases (contd.)
The DigestPrint: K2028 EED Current Law Yearbook &
Print: KB3 CLY Monthly Digest
Print: KB3 CL
II. UK Case LawC. Research Tools
(iv) Citators
Print: Current Law Case Citator (1947-)
For noting up UK and selected EU cases. Published in several volumes, i.e. 1947-1976, 1977-1988,
1989-1995, etc.
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Print: KB3 CLC
II. UK Case LawC. Research Tools
(iv) Citators
Online: JustCiteAccess via: NUS Libraries E-Resources
JustCite provides information on how both cases and legislation have been applied and interpreted.
One of the features of JustCite is that it indexes and links to full-text documents where available.
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II. UK Case LawC. Research Tools
(iv) Citators
Online: JustCite
38
E.g. Noting-up Hedley Byrne v Heller using JustCite.
On the homepage, select “Advanced search” for more search options.
II. UK Case LawC. Research Tools
(iv) Citators
Online: JustCite
39
E.g. Noting-up Hedley Byrne v Heller using JustCite.
II. UK Case LawC. Research Tools
(iv) Citators
Online: JustCite
40
E.g. Noting-up Hedley Byrne v Heller using JustCite
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II. UK Case LawC. Research Tools
(v) Commentaries
Halsbury’s Laws of England
This legal encyclopaedia is a key research publication for UK law.
Commentaries on the whole law of England and Wales are contained in the 52 volumes (arranged by subject). These are updated by the Annual Abridgement and Current Service (monthly booklets). Subject and alphabetical indexes to cases are also published as part of this series.
4th ed.Print: KB11 Hal
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II. UK Case LawC. Research Tools
(v) Commentaries (contd.)
Halsbury’s Laws of England
The familiar brown-coloured 4th edition of this series is gradually being replaced by the 5th edition.
5th ed. of Halsbury’sPrint: KB11 Hal
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II. UK Case LawC. Research Tools
(vi) Databases
Full text databases: BAILLI at http://www.bailii.org/ (free resource) Justis via NUS Libraries Resources Lexis Library via NUS Libraries Resources LexisNexis via NUS Libraries Resources WestLaw via Law Proxy Service
For a more comprehensive listing, refer to the Guide to Electronic Resources Collection. Print copies of this guide are also available in the law library.
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III. Australian Case Law
1. Commonwealth Law Reports (CLR) (1903-) Authorised report Reports decisions of the High Court.
Print: K9011 CLROnline: WestLaw via Law Proxy Service
2. Federal Court Reports (FCR) (1984-) Authorised report Reports decisions of the Federal Court of Australia.
Print: K9011 FCROnline: WestLaw via Law Proxy Service
3. Federal Law Reports (FLR) (1956-) Reports decisions of courts of Federal jurisdiction, except
High Court.Print: K9011 FLROnline: WestLaw via Law Proxy Service
A. Law Reports
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III. Australian Case Law
4. Australian Law Journal Reports (ALJR) (1958-) Reports decisions of the High Court Before 1958, these reports were included in the Australian
Law Journal Current issues also incorporated into the Australian Law
Journal.Print: K9011 ALJR
5. Australian Law Reports (ALR) (1973-) Reports decisions of the High Court and other cases
determining Federal law Also contains the Australian Capital Territory Reports
(ACTR) and Northern Territory Reports (NTR) Replaces the Argus Law Reports (ALR)
Print: K9011 ALROnline: LexisNexis AU via NUS Libraries Resources
A. Law Reports
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III. Australian Case Law
6. Authorised Reports from the States and Territories(a) New South Wales Law Reports (NSWLR) (1971-)
Print: K9051 NSROnline: LexisNexis AU via NUS Libraries Resources
(b) Northern Territory Law Reports (NTLR) (1992-) Authorised report Reports decisions of the Supreme Court of the Northern
Territory.Print: K9011 NTLR
(c) Queensland Reports (Qd R) (1958-)Print: K9091 SQROnline: LexisNexis AU via NUS Libraries Resources
(d) South Australian State Reports (SASR) (1971-)Print: K9111 SRSA Online: WestLaw via Law Proxy Service
A. Law Reports
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III. Australian Case Law
6. Authorised Reports from the Various States (contd.)(e) Tasmanian Reports (Tas R) (1981-) Continues Tasmanian State Reports (1897-1980) Print: K9131 TSC
(f) Victorian Reports (VR) (1957-) Continues Victorian Law Reports (1876-1956) Print: K9151 TR Online: LexisNexis AU via NUS Libraries Resources
(g) Western Australian Reports (WAR) (1960-) Continues Western Australian Law Reports (1899-1959) Print: K9171 WAR
A. Law Reports
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III. Australian Case Law
7. Unreported Judgments These are usually only available for the superior courts. They are not available in print in the Law Library but are available online.Online: LexisNexis AU via NUS Libraries Resources AustLII at http://www.austlii.edu.au/
Colonial case lawThe Colonial case law project run by Macquarie University Law School makes available decisions of the superior courts of New South Wales and Tasmania from the 18th and 19th centuries as well as unreported appeals from the Australian colonies to the Privy Council before 1850. Entries are based on a mixture of newspaper and manuscript accounts of court records.Online: Colonial Case Law at http://www.law.mq.edu.au/research/colonial_case_law/
A. Law Reports
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III. Australian Case Law
(i) Indexes to Legal Abbreviations
Indexes for Australian law reports include: Legal Abbreviations
Published by the Monash University Law Library. Online: http://guides.lib.monash.edu/legal-abbreviations
“Abbreviations” in Australian Case Citator Refer to the latest volume of the Citator for the most
comprehensive listing of abbreviations. Print: K9012 ACC
Index to Legal Citations & Abbreviations (by Donald Raistrick, 3rd ed., 2008)
Print: KB280 Rai 2008
B. Research Tools
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III. Australian Case Law
(ii) Indexes with Abstracts of Cases
a. The Australian Digest Consult the “Table of Cases” in the Consolidated Index and Tables. Print: K9011 AD3
b. Australian Current Law Reporter Consult the “Cumulative Table of Cases” in the Consolidated Tables and Indexes. Print: KB3 ACLR Online: LexisNexis AU via NUS Libraries Resources
B. Research Tools
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III. Australian Case Law
(iii) Citators
a. Australian Case Citator For noting up Australian and significant UK cases The set provides a comprehensive alphabetical listing of
reported Australian case law since 1825 Each case entry also consists of references to journal
articles in which the listed case has been usefully discussed.Print: K9012 ACC
b. CaseBase Online case citator available in LexisNexis AU. Online: LexisNexis AU via NUS Libraries Resources
B. Research Tools
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III. Australian Case Law
(iv) Commentaries
a. Halsbury’s Laws Of AustraliaThe print set is not updated. Use the online resource for current information.Print: KB11 HlaOnline: LexisNexis AU via NUS Libraries Resources
b. Laws of AustraliaUpdated looseleaf service.Print: KB11 Laa
B. Research Tools
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III. Australian Case LawB. Research Tools
(v) Databases
Full text databases: AustLII at http://www.austlii.edu.au/ (free resource) LexisNexis via NUS Libraries Resources LexisNexis AU via NUS Libraries Resources WestLaw via Law Proxy Service
For a more comprehensive listing, refer to the Guide to Electronic Resources Collection. Print copies are available in the law library.
Indexes and abstracts: LexisNexis AU via NUS Libraries Resources
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IV. References
For Singapore: For a more detailed account, refer to the powerpoint tutorial entitled “Researching Singapore Case Law” athttp://www.lib.nus.edu.sg/ilp/llb/SingCases.pps
Robert C. Beckman, Brady S. Coleman & Joel Lee, Case Analysis and Statutory Interpretation, 2nd ed. (Singapore: Faculty of Law, National University of Singapore, 2001).Ref: KE5280 Bec
For UK:Peter Clinch, Using a Law Library: a Student’s Guide to Legal Research Skills, 2nd ed. (London: Blackstone Press, 2001).Ref: KB280 Cli
For Australia:Robert Watt & Francis Johns, Concise Legal Research, 6th ed. (Sydney: Federation Press, 2009).Ref: KB280 Wat 2009
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Updated 20 Mar 2013© C J Koh Law Library 2005-2013