GUIDE TO UNIFORM PRODUCTION OF JUDGMENTS -- SECOND EDITION

GUIDE TO

UNIFORM PRODUCTION

OF JUDGMENTS

SECOND EDITION

The Honourable Justice L T Olsson

Supreme Court of South Australia

Orders for this publication should be sent to:

The Secretariat

AIJA

103-105 Barry Street

Carlton South Vic 3053

Australia

Telephone: (61 3) 9347 6600

Facsimile: (61 3) 9347 2980

Website: www.aija.org.au

The AIJA is an incorporated association affiliated with the University of Melbourne. Its main functions are the conduct of professional skills courses and seminars for judicial officers and others involved in the administration of the justice system, research into various aspects of judicial administration, and the collection of information on judicial administration. Its members include judges, magistrates, barristers and solicitors, court administrators, academic lawyers and other individuals and bodies interested in improving the operation of the justice system.

The AIJA Secretariat, which has been in operation since February 1987, is funded substantially on a composite government funding basis through the Standing Committee of Attorneys-General.

Published 1999 by the

Australian Institute of Judicial Administration Incorporated

103-105 Barry Street

Carlton South, Victoria 3053, Australia

ISBN 1 875527 25 7

FOREWORD

In 1992 the AIJA published the first edition of Guide to Uniform Production of Judgments. The Guide was designed to implement recommendations from the earlier Lindgren Report to promote moves towards the production and publication of judgments of Australian courts in as standardised a format as possible. Those recommendations were prompted by recognition that there was a need to achieve a reasonable level of uniformity if the development of efficient, computerised tools to aid the judiciary and counsel in their work was to become a reality.

That need for uniformity is even more important today, given the extraordinary growth in the development and use of judgment databases in Australia that has taken place over the past seven years. Rapid developments in on-line technology have also made it necessary to update certain areas of the Guide. In particular, there has been a need to consider issues such as medium neutral citation for electronic judgments.

The second addition of the Guide reflects a revision of the initial publication, designed to ensure that it continues to serve as a practical working document that will be of assistance to judicial officers and to court officers involved in the task of judgment production. With that objective in mind, it has been produced in close consultation with courts and tribunals from across the country. The AIJA is very grateful to all heads of jurisdiction, individual judges, court officers and staff, for their ready cooperation and willingness to attempt what has proved to be a substantial degree of compromise to achieve a high degree of national uniformity. The degree of ultimate agreement and acceptance which has been achieved in the mutual interest of all courts has been gratifying.

While it is designed to encourage uniformity, the Guide is not intended to be a prescriptive document. It recognises that there is a need to preserve flexibility to allow any court to deal with particular circumstances unique to it. The AIJA would welcome comments and feedback on the publication; it is anxious to ensure that subsequent editions continue to meet the needs of courts, tribunals, the legal profession and the public and keep pace with developments in this important area.

As with the first edition, the report was written for the Institute by the Hon Justice Trevor Olsson of the Supreme Court of South Australia, a Past-President of the AIJA. Justice Olsson has been a major force behind the AIJA’s work in this area and the Institute is grateful for his considerable contribution to this project. He was expertly assisted by an experienced Project Advisory Committee, including:

The Hon Justice David Byrne, Chairman of the Consultative Committee of Australian Law Reporting

Ms Sandra Davey, the former Manager of Foundation Law for the Law Foundation of New South Wales

Professor Graham Greenleaf, Faculty of Law, University of New South Wales

His Hon Judge David Harvey, District Court of New Zealand

The Hon Justice George Fryberg, Supreme Court of Queensland

Ms Naida Haxton, Assistant Editor, Council of Law Reporting for New South Wales.

The Institute would like to thank each of them for their valuable advice and guidance in the course of the project.

Thanks are also due to the AIJA Secretariat, in particular, to Mrs Kathy Jarrett and Ms Sarala Fitzgerald for the editing and formatting of the publication.

To assist in promoting the use of the Guide, the publication will be made available, free of charge, to all existing and future judicial appointments and to tribunal members.

The Hon Justice Catherine Branson

President

Australian Institute of Judicial Administration

February 1999

CONTENTS

Foreword i

1. Introduction 1

2. General Guidelines 2

3. Judgment Formats 3

4. Catchwords 4

5. Pagination of Judgments 8

6. Court Designated (Medium Neutral) Citations 9

7. Technical Judgment Structure and Documentation Preparation 11

ANNEXURE A SAMPLE FORMAT OF JUDGMENT COVER SHEET 13

ANNEXURE B GENERAL STYLE GUIDE 17

ANNEXURE C SAMPLE PARAGRAPH NUMBERING 23

ANNEXURE D PROPOSED COURT DESIGNATIONS 27

ANNEXURE E PART A 29

Summary of Heading and Titles 29

Summary of Judgment Text Features for Format Purposes 29

ANNEXURE E PART B 30

Sample of Key Information Items 30

ANNEXURE E PART C 32

Guidelines for Presentation for Printing 32

ANNEXURE F KEY TITLES AND FIRST SUB-TITLES 35

1. INTRODUCTION

1.1 In January 1992 the AIJA published the first edition of the Guide to Uniform Production of Judgments ("the Guide"). This was designed to provide a tool to facilitate the production of judgments of the senior courts in a standard format.

1.2 Following the earlier Lindgren report, the AIJA sought, by means of the Guide, to encourage a system of production of unreported judgments which recognised standard protocols (as used in the authorised law reports), in the text of the judgments themselves; and which contained a front sheet, also in a standard form.

1.3 This approach was designed to aid the electronic up loading, storage and retrieval of judgment content, so as to promote efficient operation of on-line information systems.

1.4 Whilst it was recognised that there would have to be some variations to meet the needs of particular jurisdictions, the Guide recommended a common form judgment cover sheet which, inter alia, contained details which identify the proceedings and expanded catchwords to facilitate topic searches.

1.5 The Guide spelt out the essential concepts as to how catchwords ought to be constructed. At that time, it suggested that the Australian Digest topic structure be adopted. The rationale for such an approach was that this topic structure had been accepted by the Consultative Council of Australian Law Reporting as the national standard.

1.6 Most court systems were content to adopt at least the substance of the AIJA recommendations. They have, in so doing, facilitated:

a significant reduction of time between the handing down of judgments and their general publication, particularly by on-line service providers;
a broader dissemination of judgments;
lower costs of reproduction, distribution and storage; and
the ability to search full text and to quote accurately without re-keying text.

1.7 However, since 1992 there have been major advances in on-line service technology. It has also been possible, in that period, to assess the efficacy of the protocols originally proposed by the Guide.

1.8 Several problems of a practical nature have been identified since the adoption of the recommendations.

1.8.1 First, the topic structure has not proved entirely satisfactory for computer operations. Although the main topic titles are generally found appropriate, many of the sub topic descriptions are too lengthy for convenient use with most computer fields. It is desirable, in the long term, to adopt a sub topic structure which is expressed in more succinct terms, whilst remaining descriptive and helpful.

1.8.2 Second, difficulties have arisen in relation to the manner in which pagination is handled in various electronic files. Generally speaking, this cannot be rectified. Pagination varies, depending upon the software used to call up and print the relevant judgment. Saving input in a non-proprietary format (such as Rich Text Format, Plain Text and ASCII) does not overcome this problem.

1.8.3 Finally, the recommended approach did not provide a useful method of citing electronically recorded, unpublished judgments, or even the best method of citing reported judgments for electronic purposes. There has been a need to develop a system of judgment citation which is applicable to printed and electronic versions of the same judgment alike. Ideally, that citation method should be capable of expression in a manner which is both medium and vendor neutral. It ought also to facilitate citation of specific locations in the text in an efficient and user friendly manner.

1.9 This second edition of the Guide seeks to promote the adoption of a system which addresses all of the above problems. It is based upon an expansion of the excellent system recently pioneered by officers of the High Court of Australia, to whom due recognition is freely accorded.

1.10 It also seeks to anticipate possible future developments, whereby judgments can be transmitted electronically from one court to another, and are in a form useful for appeal purposes. This is designed to recognise the ultimate (and inevitable) move towards electronic appeal books and other relevant documentation.

2. GENERAL GUIDELINES

2.1 In the guidelines set forth in the first edition of the Guide its aim was stated in these terms -

"[T]he aim.... [i]s to provide a basis for the production of individual judgments in a format which will promote the economic and timely electronic up loading, storage and retrieval of their content on both local/jurisdictional and also national bases, to the mutual advantage of all members of the judiciary, the legal profession and other persons and agencies having a potential interest in them."

That aim remains unchanged.

2.2 As in the case of the first edition it is not intended that this Guide be fully prescriptive or all encompassing. Rather, it is intended to constitute a simple, practical document which will promote uniformity. This aim is tempered by the need for flexibility to deal with individual situations and to recognise that busy judges and their staff will not have time to emulate professional law reporters. However, it must be emphasised that the adoption of approaches which are as uniform as possible - achieved by means of consistent use of templates, style guides or macros - will almost certainly save time, both for those who create judgments and those who use them.

3. JUDGMENT FORMATS

3.1 It is recommended that all judgments continue to be published with a cover sheet attached to the front of them which, as relevant to the individual circumstances, adopts the sequence and general format set out in Annexure A of this guide. The proposed outline cover sheet will obviously need to be adapted to meet the needs of each particular Court, but it contains all details likely to be required for the purposes of any database and the search mechanisms associated with it. Alternatively, it is important that such details at least be included either at the commencement or the end of each judgment, in the event that a separate cover sheet is not produced.

3.2 Central to the cover sheet data is that segment which contains catchwords enabling the document to be up loaded in a form to which search and retrieval techniques can subsequently be applied to find the judgment and relate it to relevant legal topics.

3.3 Ideally, in professional reporting terms, a proper headnote of a judgment, which extracts its ratio decidendi, should first be prepared. The catchwords ought, subsequently, to be derived directly from this. However, it is recognised that, in busy chambers, it will rarely be feasible to produce both head notes and catchwords. In practice, most catchwords will, accordingly, need to reflect a direct analysis of the full text of the judgment itself as to its ratio decidendi.

3.4 However, if the cover sheet is to achieve its full potential in promoting the most efficient and helpful research function, the catchwords should, as is contemplated by the pro forma Annexure A, conclude with a "noter up" endorsement of earlier principal authorities applied, distinguished, not followed and/or significantly discussed. (However, it need not necessarily advert to authorities cited in the full text of the judgment that are not of primary importance.)

4. CATCHWORDS
4.1 Function

The function of catchwords is to give a summary classification of the matters dealt with in a case. Catchwords should proceed from law to facts and from the general to the particular. The first catchword will be the title of a general topic of law, as under:

CRIMINAL LAW

The second catchword will be a division of that topic:

CRIMINAL LAW -- LIABILITY AND CAPACITY

CRIMINAL LAW -- PARTICULAR OFFENCES

CRIMINAL LAW -- EVIDENCE

The first two catchwords will be followed by other catchwords which identify particularly the subject matter of the case:

CRIMINAL LAW -- LIABILITY AND CAPACITY -- MENS REA -- STATUTORY OFFENCE -- LIABILITY OF EMPLOYER

CRIMINAL LAW -- PARTICULAR OFFENCES -- SEXUAL OFFENCES -- CORROBORATION OF

CRIMINAL LAW -- EVIDENCE -- CONFESSIONS AND ADMISSIONS -- DISCRETION TO EXCLUDE

The catchwords should be as short and precise as possible, show the questions involved in the decision in the case and, where important to that decision, the actual determination:

CRIMINAL LAW -- LIABILITY AND CAPACITY -- MENS REA -- STATUTORY OFFENCE -- LIABILITY OF EMPLOYER -- WHERE DELEGATION OF RESPONSIBILITY TO SERVANT -- DUTY TO PROTECT EMPLOYEES OF CONTRACTORS

CRIMINAL LAW -- PARTICULAR OFFENCES -- SEXUAL OFFENCES -- CORROBORATION OF -- DIRECTIONS TO A JURY ON -- JURY NO LONGER TO BE WARNED ON UNCORROBORATED EVIDENCE OF FEMALE COMPLAINANT

Often, but not invariably, the catchwords will confine themselves to matters which would usually be found in a fully developed head note and not introduce additional material.

Catchwords should primarily focus on issues of law, having simply identified a broad factual context within which they arise.

4.2 General approach

To promote reasonable uniformity and maximise ease of cross reference and retrieval, the key titles and subtitles used should, wherever feasible, continue to follow the scheme employed in the Australian Digest. The AIJA will, for the longer term, look into the feasibility of developing a purpose designed structure and supporting Thesaurus.

For convenience of use, a summary of the major titles and first subtitles appears in Annexure F. The permission of LBC Information Services (a division of Thomson Professional Information Asia Pacific Pty Ltd) to reproduce this is acknowledged and much appreciated. It is not essential to use these titles exclusively or dogmatically. When they do not appear appropriate different approaches will be needed. There will, at times, be a need to change the phraseology or sub divide the title. For example, it may be convenient to provide for "Sentencing" as a specific sub title of "Criminal Law and Procedure", including a lower title "Guideline Judgments".

Subject to that consideration, these simple rules are suggested:

4.2.1 Words or phrases authoritatively defined in a case should be included in the catchwords in inverted commas. Double quotes ought consistently to be used, in preference to single quotes.

4.2.2 No words or phrases other than those defined should be put into inverted commas. The defined word should be preceded by a phrase such as definition of or meaning of so as to permit a search formulation which avoids production of a potentially unworkable number of ‘hits’. Quite apart from providing a more refined search definition the computer would not, for example, normally be able to discriminate between false and ‘false’ appearing in the text being searched.

4.2.3 Abbreviations ought not to be used in catchwords. They render computerised searching more difficult and, potentially, unreliable.

4.2.4 Try to give some indication of the general principle involved, as earlier illustrated in this Guide.

4.2.5 Catchwords should not be too long - nor too short. Their purpose is to tell the researcher whether there is likely to be anything in the case relevant to the research topic. For this reason it is desirable that they indicate (however shortly) any matter of legal principle for which the case is creative legal authority in respect of its content. If this is done, the researcher can save time by passing over any case where catchwords do not suggest that it may be useful.

To assist automated recognition of references to legislation, adherence to the following catchwords guidelines is recommended:

where a statute is referred to in the catchwords themselves the year of the Act must be included in every reference to it - a computer program cannot identify which "Crimes Act" is intended, but "Crimes Act 1914" makes this clear.

the full name of a statute should be included in each segment in which sections of the Act are cited - mere references to "the Act" cause problems with accurate on line searching.

if a second statute is referred to, it is necessary to repeat the full name of the first Act before citing sections from it again, otherwise a computer will be unable to determine which statute is intended.

Statutes, regulations and bylaws discussed or applied are set out at the end of the catchwords, in the order Imperial, Commonwealth, State - with references to statutes, regulations and bylaws appearing in that sequence. Not all Acts and sections of Acts mentioned in the judgments need be included, only those which bear on the decision in the case. To promote computer retrieval the name of the Act or any relevant delegated legislation should be stated first, followed by the date, the jurisdiction, and the number of the section or sections referred to as follows:

Crimes Act 1914 (Cth), s 353A(1)

Crimes Act 1901 (NSW), s 23

Supreme Court Rules (SA), r 24

It should be noted that sections are referred to in the format - s 52(1).

4.3 Noter up reference

The catchwords ought to be followed, where appropriate, by a simple noter up reference to prior authorities considered, applied, distinguished, not followed and/or discussed, eg. Koop v Bebb (1951) 84 CLR 629 at 643, applied.

It is not desirable to refer to all cases cited in the course of a judgment. The noter up reference should be restricted to those which are of primary importance.

Where possible and relevant, it is helpful to refer to the actual page (or, preferably, a paragraph number where a medium-neutral form of citation has been adopted) of the authority at which the statement of principle is to be found.

Case names should be reproduced in full without abbreviations, except that the abbreviation ‘Ltd’ is acceptable in relation to a corporate entity.

The "v" between the names should not be followed by a full stop and there should be one blank space either side of it.

The citation (eg. CLR) should not have full stops between letters, nor should spaces be left between them.

A specific page reference (or paragraph number, where a medium-neutral form of citation has been adopted) should simply appear as shown in Annexure B.

(NOTE: Adoption of the approaches suggested above are important aids to computer searching.)

4.4 Separate sets of catchwords

Catchwords are framed with a view to the eventual indexing of the case.

Where the judgment involves two or more unrelated propositions of law there is a need to evolve separate sets of catchwords, which must be set out in separate, successive blocks.

A similar need arises where different classifications or different subject matters, falling within the same general topic of law are separately developed or dealt with, even though the adoption of that course may involve some repetition.

For example:

PRIVATE INTERNATIONAL LAW -- TORTS -- DEFAMATION -- LIABILITY UNDER LEX LOCI DELICTI -- MAY BE PLEADED IN ADDITION TO DEFENCES AVAILABLE BY LEX FORI.

DEFAMATION -- FAIR COMMENT -- STATUTORY DEFENCES -- SCOPE OF DEFENCE -- ONUS OF PROOF.

DEFAMATION -- FAIR COMMENT -- MALICE PLEADED IN REPLY -- EXISTENCE OF MALICE NOT CONCLUSIVE ANSWER -- MALICE RELEVANT IN DETERMINING FAIRNESS OF COMMENT.

DEFAMATION -- FAIR COMMENT -- MALICE PLEADED IN REPLY -- COMMENT OF STRANGER -- DISTINGUISHED FROM COMMENT BY DEFENDANT, SERVANTS OR AGENTS -- DISTINCTION AT COMMON LAW -- NO DISTINCTION IN RESPECT OF STATUTORY DEFENCES.

DEFAMATION -- ACTIONS FOR -- PLEADING -- MALICE -- REPLY -- DEFENCE OF FAIR COMMENT -- LIMITED ALLEGATION OF MALICE DESIRABLE -- SUPREME COURT RULES, 1970, PT 15 R 13.

4.5 Style guides

Generally the Style Guide contained in Annexure B should be adopted in relation to cover sheets, catchwords and the body of the judgment itself.

5. PAGINATION OF JUDGMENTS

5.1 As has been pointed out by the High Court, in an explanatory memorandum issued by it, the solution to the pagination problem lies in the incorporation of paragraph numbers within judgment texts. These are simply included in the text of the document and remain constant, regardless of the file format or retrieval software employed. The numbers reproduce as if they were part of the actual text of the judgment and should not, subsequently, be changed by anyone other than the source of the document.

5.2 If desired, a decimal system can be employed to indicate subparagraphs (for example 6.1, 6.2 and so on). Bullet points and other symbols should be avoided if possible.

5.3 It should be noted that there are, however, some specific aspects which need to be borne in mind.

5.4 In the word processing environment, the automatic paragraph numbering function normally reads each separate internal citation of text, from another authority, as a new paragraph, even although, in truth, it is intended as an integral portion of the text paragraph to which it relates. This needs to be overcome by development of an appropriate, corrective macro, the content of which will need to vary, dependent on the word processing program in use.

5.5 When Full Bench judgments comprise multiple reasons for decision written by two or more members, there is a need to marry these together as one, composite, continuing document.

5.6 In the case of production of multiple reasons of this type it is also imperative that there a single cover sheet, bearing a medium neutral citation designation; and only one set of catchwords.

5.7 Where it is desired to refer to a specific numbered paragraph of a judgment, when using a medium neutral citation, that number should be added at the end of the citation in square brackets to indicate that the reference is to a nominated paragraph. This is becoming the accepted protocol for such a reference. Example: "In Smith v Jones [1998] HCA 99 at [17] the High Court said ...". This will facilitate searching and translation in data formats.

5.8 For purposes of computerised presentation utilising existing electronic databases, it is desirable for citations to be retained with the name of the judgment, rather than placed in a footnote. For example, "In Smith v Jones [1998] HCA 99 at [17] the High Court said ..." is preferable to "In Smith v Jones the High Court said ... " (the citation being shown as a footnote at the bottom of the page), because users of an electronic form of the judgment would have to continually refer to the footnotes to determine whether or not a hypertext link to the case cited was available. As a result many users might, on reading the body of the text of the judgment, be unaware that such links are available to some cases. This is because the hypertext link attaches to the citation itself. On the other hand, where a long list of cases is cited as authority for a particular proposition, these may, more appropriately, be placed in a footnote. However, footnotes are, with technology currently in use, generally, database unfriendly. Endnotes are far preferable.

5.9 It should be emphasised that, if these protocols are not observed, the development of a truly effective electronic retrieval system becomes both difficult and uneconomic.

An abbreviated example is set out in Annexure C.

6. COURT DESIGNATED (MEDIUM NEUTRAL) CITATIONS

6.1 The recently issued High Court memorandum stresses that the advent of various on-line reference systems has rendered it essential that there be a simple method of citing electronic unpublished judgments. There is a pressing need to provide a system which facilitates a pinpoint citation to specific locations within each judgment. This can, of course, coexist quite comfortably with traditional hard copy citation methods in respect of both reported and unreported judgments.

6.2 The method adopted by the High Court displays world leadership in this area. The basic components of it are:

6.2.1 The parties.

6.2.2 The year of publication of the judgment.

6.2.3 A unique abbreviation as a court identifier.

6.2.4 A sequential judgment number issued by the particular court.

6.2.5 A pinpoint paragraph reference.

6.3 The AIJA recommends the adoption of the High Court format, which may be expressed as:

(The parties) [the year of the decision] (the Court abbreviation) (the sequential number of the judgment).

6.4 The High Court memorandum sets out the following example for citation of the 99th decision published in 1998:

Smith v Jones [1998] HCA 99

6.5 It is to be noted that all paragraphs should be numbered sequentially commencing with the initial paragraph in the published judgment. Where the judgment consists of reasons published by two or more judges the numbering should not recommence at the beginning of each separate set of reasons, but continue sequentially throughout the whole judgment.

6.6 With such a system specific locations within the decision can simply be identified with the additional reference to the applicable paragraph number. Thus, in the case of the above citation, a specific paragraph reference would read:

Smith v Jones [1998] HCA 99 at [17]

The use of square brackets enclosing the paragraph number is a convenient method of distinguishing references to paragraphs from page references.

6.7 In situations in which several judgments are published by the same author in the same case at different points in time, the name of the case ought to bear a sequential number as part of that name as follows:

Brown v Black (No 2) [1998] NSWSC 1413

6.8 Adoption of the foregoing recommended standard approach will greatly enhance the functionality of on-line electronic systems.

6.9 It is recommended that the court designators set out in Annexure D be adopted for the purpose of medium neutral citations.

6.10 The court designated citation is, effectively, part of the title of the judgment having been allocated by the court at the time of delivering the judgment. It should be retained whenever the decision is cited, including after the decision is reported, whether in a series of official reports or otherwise. (See Annexure B paragraph 8 for recommended methods of parallel citation where a decision has been reported). If this is not done on-line publishers may not be able to create automated hypertext links between cases or permit effective automated searches.

7. TECHNICAL JUDGMENT STRUCTURE AND DOCUMENTATION PREPARATION

7.1 To assist with electronic publishing of judgments, data consistency (including the structure and format of judgment documents) is extremely important. To achieve consistency, it is essential that Courts use a consistent set of word processing templates, macros and styles for the preparation of judgments.

7.2 It is therefore strongly recommended that Courts adopt the following protocols in relation to their internal electronic operations:

Headings and Titles on Judgment Cover Sheets and Format of Body of Judgment

7.2.1 The use of word processing styles and/or heading levels on judgment cover sheets and in the body of the document will force a consistent look across a judgment and allow for consistent structure. Not all these headings and titles will apply to every judgment. At times, there may be a need to change the phraseology or sub divide the title. The adoption of a consistent format style in the body of the judgment is crucial for the purposes of subsequent marking up. A summary of the major headings and titles to which styles should be applied is included in PART A of Annexure E. This Part also identifies the types of features of a judgment text which are critical in terms of consistent format.

Markup of Judgments

7.2.2 Within judgments there are some key items of information that are important identifiers. The use of word processing styles for headings and titles as described in the preceding paragraph goes some way towards assisting with the identification of this key information. However, key items of information can be more easily located within the text of electronic documents if they have also been marked up in some way. This can be achieved by the use of markup "tags" which are hidden within the electronic version of the word processing document.

7.2.3 "Tags" can be inserted at the judgment creation stage, during the editing process or immediately prior to publication by using word processing styles, macros and/or shortcut keys. The method used will depend upon the point at which the relevant information becomes known during the judgment production process. If an individual court elects to embed tags it is desirable that a single person be appointed as a judgment or data editor with overall responsibility for ensuring consistency of style and tagging in the end product. Consistency of format is essential for cost effective translation of tagged text into other electronic formats such as SGML and HTML.

7.2.4 A sample of key information items together with suggested "tags" is included in PART B of Annexure E.

File (Document) Names

7.2.5 Judgments should be saved in a file using a consistent and unique file naming convention within a specific court (eg., the judgment number). Multiple judgments should be combined into a single file. As the names of parties can sometimes be confidential, it is recommended that file names should not reference the names of parties.

7.3 Presentation for Printing

It is strongly suggested that guidelines set out in PART C of Annexure E be adopted, to promote reasonable uniformity.

ANNEXURE A

SAMPLE FORMAT OF JUDGMENT COVER SHEET

CITATION: R v Kakura and Sato [1998] NSWSC 241

PARTIES: R

KAKURA, Hiroyuki

SATO, Tomoyuki

TITLE OF COURT: COURT OF CRIMINAL APPEAL (NSW)

COURT OF APPEAL (NSW)

JURISDICTION: APPEALS from SUPREME COURT

exercising Federal jurisdiction

FILE NO/S: CCA No 60490 of 1990

CCA No 60512 of 1990

CA No 40587 of 1990

DELIVERED ON: 15 March 1998

DELIVERED AT: Sydney

HEARING DATES: 12 March 1998

JUDGMENT OF: [Name of Judge/s]

CATCHWORDS:

FISH AND FISHERIES -- OFFENCES -- PROCEDURE -- APPEALS -- FEDERAL OFFENCE

Plea of guilty before magistrate - committal to Supreme Court for sentence - order for forfeiture of vessel - vessel not owned by convicted persons - whether appeal to Court of Criminal Appeal from "sentence" - forfeiture order not relevantly sentence because not related to property of convicted person.

Fisheries Act 1952 (Cth), s 13C; Criminal Appeal Act 1912 (NSW, s 2, "sentence"; Justices Act 1902 (NSW), s 51A

Cheatley v The Queen (1972) 127 CLR 291, considered.

FISH AND FISHERIES -- OFFENCES -- FORFEITURE -- JURISDICTION TO ORDER

Where "offence arising out of" possession or control of boat - more than temporal or incidental relationship required - scope of power - discussion of relevant considerations

Fisheries Act 1952 (Cth), s 13C

Armitage v Lancashire and Yorkshire Railway Co [1902] 2 KB 178; Dover Navigation Co Ltd v Craig [1940] AC 190; Nunan v Cockatoo Docks & Engineering Co Ltd (1941) 41 SR(NSW) 119; 58 WN(NSW) 140, applied.

Cheatley v The Queen (1972) 127 CLR 291, considered.

REPRESENTATION

Counsel:

Appellants: B C Oslington QC and P M Jacobsen

Respondent: Sir Maurice Byers QC and L S Katz

Solicitors:

Appellants: Michell Sillar McPhee Meyer

Respondent: Commonwealth Director of Public Procutions

Judgment category classification: [as required for reporting/archiving purposes eg CAT A]

Court Computer Code: [as required eg SCCRM/89/200]

Number of paragraphs:

[NOTE: A possible system of categorisation is as under:

Category A

Those of significance and/or recurrent interest by virtue of their discussion/application of legal principle.

Category B

Those which are more routine in nature because they are either essentially decisions on discrete fact situations or are fairly routine examples of the application of well known and understood principles. Such judgments would not normally warrant reporting or uploading into a national database.

Category C

Those which contain data indicating current levels of assessment of damages either generally or in discrete classes of cases. It is to be expected that these will give rise to catchwords containing ALMD like summaries which would be uploaded but later would periodically be purged from a national database as no longer current.]

In the case of judgments of appellate courts it would also be useful to include a reference to the Judge, Court or Tribunal appealed from.

ANNEXURE B

GENERAL STYLE GUIDE

1. DATES AND NUMBERS

Dates should appear as follows: 19 July 1984.

Spell out numbers from one to nine.

Percentages should be expressed as: 10 per cent

Times should be shown as: 7.30 am

Monetary amounts should be shown as: $1000 $4 $32.65

Fractions should be shown as: 1/2

2. ABBREVIATIONS

Section	s 3	s 3 and s 4	s 3, s 4 and s 5
Paragraph	par (a)	par (a) and par (b)	par (a), par (b) and par (c)
Subsection	s 3(2)	s 3(2) and s 3(3)	s 3(2), s 3(3) and s 3(4)
Regulation	reg 4	reg 4 and reg 6	reg 4, reg 5 and reg 6
Order	O 3
Rule	r 2	r 2 and r 3	r 2, r 3 and r 4
Clause	cl 5	cl 6 and cl 7	cl 15, cl 16 and cl 17
Chapter	ch 1
Proprietary Limited	Pty Ltd
Limited	Ltd
Part	Pt I	Pt I and Pt II	Pt I, Pt II and Pt III
Division	Div
Schedule	Sch
Mr
Ms
Mrs
Dr
Regina, Reg etc	all - R

3. BOOKS AND JOURNALS

Smith, G Administration Law 2^nd ed Oxford University Press, London, 1970

Mason A, "Future Directions in Australian Law" (1987) 13 MULR 149

Rogers, B "The Pitfalls in Occupational Health and Safety Law" Journal of Occupational Health and Safety Vol 15 No 4 1998 at 13.

4. LEGISLATION

Prison Act 1903 (SA)

Crimes Act 1990 (Cth) (no comma before date)

Contracts Review Act 1980 (NSW), s 7(1) (Section references after Act)

Supreme Court Rules 1970 (SA), Pt 24, r 12.

5. COURTS

The reference to a court is always lower case except when referring to the Court in which the judgment is produced.

6. CASE CITATION

References to decided authorities in the text of a judgment may be dealt with in a number of ways:

(a) References in text of the judgment may be set out in full throughout the judgment or in full when first occurring and as a "supra" or "ibid" thereafter, as currently adopted by FCR, FLR, LGRA, ALJR:

Collins v Repatriation Commission (1980) 48 FLR 198 at 211 - 212 (when first appears)

Collins v Repatriation Commission (supra) at 213 (when next occurs), or

Collins v Repatriation Commission at 213.

One advantage of always setting out a citation in full is that it is then possible to search by citation and retrieve all references. If judgments are not cited in full each time they are referred to this may well have a deleterious effect on the performance of search engines and the automated inclusion of hypertext links.

(b) When a case list is provided (as in NSWLR or FCR) references may be cited in the text:

R v Smith (1978) 151 CLR 551 (full reference when first appears)

Coleman v Buckingham’s Ltd [1963] SR NSW 171; 80 WN (NSW) 593

R v Smith at 556 (when appears thereafter - without supra).

Coleman v Buckingham’s Ltd (or Coleman but not Buckingham’s) at 173; 593

(c) References in the text of the judgment may be confined to the name of the case followed by a numerical reference in brackets, eg, R v Smith (2). The actual citation is then shown at the foot of the page adjacent to the corresponding numeral, as currently adopted in the CLR reports series:

(2) (1978) 151 CLR 551 (full reference when first appears)

(2) (1978) 151 CLR 551 at 572 (when appears thereafter)

NOTES:

(1) The method to be adopted may well depend on:

established practices;

styling of authorised reports of the Court;

computer compatibility and ease of reference.

(2) The method most compatible with computerised retrieval for on-line use is (a), because of the difficulties in relation to hypertext links caused by the other methods. (See discussion in the Guide, paragraph 5.8.)

(3) As court designated citations are adopted these also ought to be shown.

7. PINPOINTING PAGE AND PARAGRAPH: ‘HYBRID’ OR ‘COMBINED’ PINPOINT CITATIONS

(1) In conventional print citations, a citation can be more specific than a page number, referring to a section based on margin letters, eg Person v Company (1998) 152 ALR 34 at 52E.

A print judgment will now have both page and paragraph numbering. It is recommended that, in future, pinpoint citations refer to both page and paragraph numbers.

The conventional print citation will take a reader to the first page of the judgment; it is then necessary to take the reader to both the page and paragraph within the judgment.

To pinpoint only to the paragraph when the reader is using a print copy of the judgment referred to would require a reader to turn through the judgment so as to locate the paragraph, where use of the page number would have taken them directly to the page. Further, pinpointing only to the paragraph is not helpful when a paragraph spans more than one page.

To pinpoint only to the page when the reader is using a print copy of the judgment referred to will take the reader to a page on which there may be many paragraphs, in which case use of the existing paragraph number emulates the current practice of pinpointing with added margin letters A-G.

To pinpoint only to the page when the reader is using an online copy of the judgment referred to will be of no help to the reader at all, and the pinpoint will fail.

Thus pinpoint citations referring to a print version should be to the page and paragraph number:

EXAMPLE:

Person v Company (1998) 152 ALR 34 at 52 [27]

(This pinpoints paragraph 27 on page 52 of the judgment.)

8. PARALLEL CITATIONS IN PRINT

(1) A judgment with a medium neutral citation may be published in a report and given a print citation. Thus:

Person v Company [1998] HCA 25

is later reported as

Person v Company (1998) 152 ALR 34

(2) The medium neutral citation is effectively part of the title of the judgment, having been allocated by the court at the time of delivering the judgment, and appearing at the head of the print reported judgment.

(3) It is recommended that future citations of the judgment should be to both the medium neutral citation and the print citation. The medium neutral citation is placed first, but not necessarily in italics with the case name and is separated from the print citation by a semicolon.

(4) To refer only to the print citation means a user with only online access is unable to locate the judgment. Equally, to refer only to medium neutral citation means a user with only print access is unable to locate the judgment.

(5) Failure to parallel cite the medium neutral citation and the print citation will severely limit a person’s ability to conduct an online database search: if the search is for the medium neutral citation, the case will not be found unless it has been recorded with parallel citations.

(6) Thus parallel citations should be in the following form:

Person v Company [1998] HCA 25; (1998) 152 ALR 34

(7) For a parallel pinpoint citation, the recommended form is:

Person v Company [1998] HCA 25 at [27]; (1998) 152 ALR 34 at 52

9. PAGE REFERENCES

R v Smith (1978) 151 CLR 556

at 566 - 567 (if quote runs on)

at 566, 559 (if separate quotes)

10. QUOTATIONS

Anything over five lines is usually indented within double quotation marks. Stops to be deleted from quotes to accord with overall style.

11. RELEVANT STATUTORY/DOCUMENTARY TEXT PROVISIONS

It is recommended that consideration be given, where appropriate, to preceding the actual text of the judgment with a preliminary statement - setting out the text of the relevant statutory or documentary provisions.

12. UNDERLINING

Anything to be emphasised should be printed in italics or a different type font and not underlined. Documents with underlining converted to html create a false hypertext link for what is underlined. This can be very confusing.

NOTES:

Do leave spaces between two page references (eg 556 - 557), otherwise the computer will read the figures as a single continuous string.

Above all else BE CONSISTENT, or the computer may not find all relevant references.

ANNEXURE C

SAMPLE PARAGRAPH NUMBERING

(Extract from South-West Forest Defence Foundation Inc v Executive Director of the Department of Conservation and Land Management and Another (No 1) [1998] HCA 34)

1 GAUDRON, McHUGH, HAYNE AND CALLINAN JJ. The applicants seek special leave to appeal from a decision of the Full Court of the Supreme Court of Western Australia, striking out their statements of claim in three actions. The pleadings that were struck out were long and complex documents in a form which was likely to embarrass the fair trial of the proceedings. The Full Court's decision to strike out the pleadings can be supported on that basis.

2 The Full Court granted the applicants leave to replead to a very limited extent only. The applicants chose not to exercise that leave for reasons which it is not necessary to examine.

3 As argument developed in this Court, it appeared that there were three aspects to the case which the applicants sought to raise. Essentially, the first was that the first respondent was bound to identify, locate and seek to conserve endangered flora and fauna or, alternatively, to take reasonable steps to do so, before logging in the areas identified in the pleadings. The applicants wish to contend that this obligation arises from two separate sources: first, the Conservation and Land Management Act 1984 (WA), s 33, in combination with the Forest Management Plan made up under that Act; and secondly, the Environmental Protection Act 1986 (WA), s 47, in combination with commitments given in relation to a proposal to amend an earlier Forest Management Plan made under the said Conservation and Land Management Act.

4 The applicants also wish to contend that the first respondent has not taken reasonable steps to identify or to locate or to seek to conserve endangered flora and fauna, and that they are entitled, amongst other relief, to an injunction restraining logging activities which will render it impossible for the first respondent to discharge that duty. This was not the way in which the pleadings were understood in the Full Court. And, on any view, they would need to be recast in order to make that case clear.

5 The second aspect of the case asserts a breach of a duty to liaise with the local community. That duty turns upon the terms of commitments given in relation to the proposal to amend the earlier Forest Management Plan, to which reference has already been made. The meaning and effect of those commitments are not matters which should attract the grant of special leave.

6 The third aspect of the case is concerned with the Wildlife Conservation Act 1950 (WA). The applicants contend that the respondents, their agents and contractors are bound by the flora and fauna protection provisions of that Act and that the proposed logging activities would involve a breach of those provisions. It is clear, however, that the relevant provisions simply proscribe activity undertaken without a licence or without the written consent of the Minister. It is not pleaded that no licence will be granted or no consent given. Moreover, it is difficult to assume that if required, none will be granted or given. In these circumstances, the issues raised with respect to the Wildlife Conservation Act 1997 raise matters which border on the hypothetical and are not appropriate to attract the grant of special leave.

7 The issues raised by the first aspect of the case to which reference has been made are not, however, hypothetical. Moreover, we are not persuaded that the applicants' contentions in respect of this aspect of their case are necessarily beyond argument. That is, we are not to be taken as concluding that a pleading which conformed to the relevant rules of court and which alleged such a case should be struck out before trial. Other considerations may arise with respect to the applicants' claimed declarations.

8 And it is to be noted that the Solicitor-General for Western Australia has accepted that the judgment that has been entered in the present action does not preclude the bringing of a fresh proceeding with pleadings which identify the points to be argued with precision and without needless and distracting elaboration. It is clear that the most that the applicants could obtain by way of relief from this Court is the right to replead their case, a case which, as already indicated in part, turns on the legislation to which reference has been made and the particular terms of the Forest Management Plan and the commitments made in the proposal to amend the earlier Forest Management Plan.

9 It is said that the Court should rule on the issues that have been debated because the parties are here and the issues have been exposed. It is true that the issues have been exposed, save for that relating to standing upon which the applicants were successful below. However, the special leave procedure is not to be circumvented on that account. Moreover, it is to be remembered that it was said by Chief Justice Brennan, when this matter came before a bench of three in December last year, that the argument would proceed before this Court and it would be left to the Court at the end to say whether or not special leave would be granted or refused and, if granted, whether the appeal would be allowed.

10 In the circumstances, a majority of this Court is convinced that this is not an appropriate case for the grant of special leave in the circumstances which have been elaborated.

11 KIRBY J. I regret that I do not agree with the conclusion which has been reached by the majority or with the orders which the majority favour.

12 The Court has sat to hear a series of questions argued, as earlier stated by Justice Toohey, and as adjunct to applications for special leave. Two and a half days have been set aside for the hearing. Self-evidently, this is much longer than the time ordinarily granted by this Court for special leave hearings. Already argument extending over nearly a day and a half has been heard; although the principal arguments of the respondent have not yet been reached. The applicants have provided full written submissions on all issues, as has the respondent. The application papers which were filed run into hundreds of pages. The parties are from Western Australia. They have accepted an allotment of time for a hearing before the Court in Hobart. One can only imagine the costs that have been involved to all concerned. Clearly, they would run into many thousands of dollars. In my opinion the Court should conclude the hearing and, for that purpose, sit for the balance of the time allocated.

13 The question is whether arguable special leave points have been revealed by this stage of the argument. In my view, they have. What is sought is not an advisory opinion from this Court, but orders setting aside the orders of the Full Court of the Supreme Court of Western Australia. Unless the orders of that court are set aside, they will, in effect, terminate the proceedings for relief brought by the applicants. Even if the orders of the Full Court were interlocutory in a technical sense, unless they are set aside by order of this Court, the practicalities are, as it seems to me, that any attempt by the applicants to commence afresh in the courts of Western Australia would be doomed to fail. In my opinion, this Court should accept that reality."

ANNEXURE D

PROPOSED COURT DESIGNATIONS

High Court of Australia	HCA
Federal Court of Australia	FCA
Family Court of Australia	FamCA
Australian Industrial Relations Commission	AIRComm
Industrial Relations Court of Australia	IRCA
Refugee Review Tribunal of Australia	RRTA
Immigration Review Tribunal of Australia	IRTA
Administrative Appeal Tribunal of Australia	AATA
Australian Competition Tribunal	ACompT
Australian Copyright Tribunal	ACopyT
Defence Forces Discipline Appeal Tribunal	ADFDAT
Australian Federal Police Disciplinary Tribunal	AFPDT
National Native Title Tribunal	NNTTA
Supreme Court of Queensland	QSC
Queensland Court of Appeal	QCA
District Court of Queensland	QDC
Queensland Building Tribunal	QBT
Land Appeal Court (Qld)	QLAC
Industrial Court (Qld)	QIC
Medical Assessment Tribunal (Qld)	QMAT
Planning & Environment Court (Qld)	QPEC
Land Court (Qld)	QLC
Queensland Industrial Relations Commission	QIRComm
Anti-Discrimination Tribunal (Qld)	QADT
Supreme Court of New South Wales	NSWSC
New South Wales Court of Appeal	NSWCA
District Court of New South Wales	NSWDC
Residential Tenancies Tribunal of NSW	NSWRTT
New South Wales Industrial Relations Commission	NSWIRComm
Land and Environment Court of NSW	NSWLEC
Compensation Court of NSW	NSWCC
Dust Diseases Tribunal of NSW	NSWDDT
Community Services Appeals Tribunal of NSW	NSWCSAT
New South Wales Administrative Decisions Tribunal	NSWADT
New South Wales Administrative Decisions Tribunal Appeal Panel	NSWADTAP
Supreme Court of the ACT	ACTSC
Supreme Court of Victoria	VSC
Victorian Court of Appeal	VSCA
County Court of Victoria	VCC
Victorian Civil and Administrative Tribunal	VCAT
Supreme Court of Tasmania	TASSC
Resource Management and Planning Appeal Tribunal of Tasmania	TASRMPAT
Supreme Court of South Australia	SASC
District Court of South Australia	SADC
Environment Resources and Development Court of SA	SAERDC
Industrial Relations Court of South Australia	SAIRC
Industrial Relations Commission of South Australia	SAIRComm
Workers Compensation Appeal Tribunal of South Australia	SAWCAT
Supreme Court of the Northern Territory	NTSC
Northern Territory Anti-Discrimination Commission	NTADComm
Supreme Court of Western Australia	WASC
District Court of Western Australia	WADC
Family Court of Western Australia	FamCWA

NOTE:

Where it is desired to maintain separate numbering systems for judgments of appellate courts, it is recommended that, as appropriate, suffixes such as CA, FC, CCA be employed.

Examples:

QSCCCA

FCAFC

NSWSCCCA

ANNEXURE E

PART A

Summary of Headings and Titles

Case Name/Citation

Parties

Court Name

Jurisdiction

Case ID (File Number)

Judgment Date

Place of Delivery of Judgment

Hearing Date/s

Judge/s Name

Catchwords

Case References

Legislation References

Order

Judgment Category

Legal Representatives (solicitors and counsel)

Number of Paragraphs

Summary of Judgment Text Features for Format Purposes

Numbered Paragraph

Unnumbered Paragraph

Paragraph Heading

Paragraph Sub-heading

Quotation

Quotation within a Quotation

Block Paragraph

and so on...

ANNEXURE E

PART B

Sample of Key Information Items

The table below contains a list of the key concepts and information contained within most judgments. These items of information can be located within the text of documents if they have been marked up in some way. This can be achieved by the use of markup tags of styles. Sometimes, it may also be worth considering the production of a standard data sheet to be attached to every judgment which could contain this key information in a structured format.

Concept	Tag Format or Style Name	Integration Method *
Case Name/Citation	<CaseName> </CaseName> <Citation> </Citation>	Judgment Creation Template
Parties	<Party name=...,Type=...>	Judgment Creation Template
Court Name(Division)	<CrtNameDivision=...>	Judgment Creation Template
Jurisdiction	<ProcType> </ProcType>	Judgment Publication Macro
Case Id (File Number)	<CaseId> </CaseId>	Judgment Creation Template
Judgment Date/s	<JmtDate> </JmtDate>	Judgment Publication Macro or Shortcut Key
Place of delivery of judgment	<CrtLocation=...>	Judgment Creation Template
Hearing Date/s	<Hdate> </HDate>	Judgment Creation Template
Judge/s Name	<Judge 1=..., 2=..., 3=..., 4=..., 5=..., 6=..., 7=...>	Judgment Publication Macro or Shortcut Key
Catchwords	<Catchwords> </Catchwords>	Judgment Publication Macro or Shortcut Key
Case References	<CR> </CR>	Shortcut Key
Legislation References	<LR> </LR>	Shortcut Key
Order	<Order> </Order>	Judgment Publication Macro or Shortcut Key
Judgment Category	<Cat> </Cat>	Judgment Publication Macro
Legal Representatives [Solicitors and Counsel]	<Solicitors=...,Counsel=...>	Judgment Creation Template
Paragraphs	<p> </p>	Judgment Publication Macro
Number of Paragraphs	<p> </p>	Judgment Publication Macro

* The Integration Method most appropriate will depend upon the point at which the relevant information becomes known during the judgment production process. For example, the case number and parties should be known at the judgment creation time so this information could be tagged at that time through a judgment creation template and associated macro, whereas, catchwords will not be known until immediately prior to publication so a shortcut key could be used to insert that information when appropriate.

ANNEXURE E

PART C

Guidelines for Presentation for Printing

1. PAPER SIZE/TYPE

Judgments should be formatted for printing on A4 paper.

2. FONTS, MARGINS AND SPACING

Any typeface may be used. Proportional fonts for the body of the judgment (other than block quotation) should be no smaller than 10 points and no less than 2cm from left and right margins. Characters may be italicised or bolded where appropriate. Top and bottom margins should be no less than 2cm.

The body of the judgment should be single spaced, with the equivalent space of a single line between paragraphs, and only one space after periods and other final punctuation.

Quotations may appear in the body of the judgment set off with quotation marks or indented and single spaced as a block quotation. A font size smaller than that of the body of the judgment may be used to further distinguish the indented quotation.

Font size 13 and Times New Roman type face are recommended.

3. TABS AND INDENTATION

Tabs and indentation should be kept consistent at all times and as simple as possible. The standard Microsoft tab spacing is suitable, but not essential. Under no circumstances should multiple spaces be used instead of tabs to separate text.

4. NUMBERING OF PARAGRAPHS, AND LINES

All paragraphs in a judgment should be consecutively numbered. Sub-paragraphs, quotations, lists and headings are not considered as paragraphs and therefore should not be numbered in this way.

Once paragraph numbers have been assigned by a court, they should not be altered in any subsequent publication.

Line numbering should not be used.

5. HEADERS AND FOOTERS

Judgments may contain either headers or footers or both.

6. FOOTNOTES AND ENDNOTES

The standard supports the use of endnotes and footnotes.

7. DIAGRAMS AND GRAPHICS

Ideally, scanned images should be placed in a separate file with a hypertext link, although this is not possible with Word documents viewed internally. It is essential for Internet use.

8. JUSTIFICATION AND HYPHENATION

Standard left-justification is preferred. Full justification may be used to prepare printed text but should be converted to left-justification before electronic dissemination. Similarly, syllable-based hyphenation should not be used in the electronic file except for printing, if desired.

9. MAINTENANCE OF INTERNAL COPY

Courts should maintain a final copy of all decisions, in electronic form, in word processing format. If desktop publishing programs are used for presentation purposes, a final copy should be converted back to the word processing program.

ANNEXURE F

KEY TITLES AND FIRST SUB-TITLES

ABORIGINALS

General

Land Rights

Reserves

Relics and Heritage Protection

Crimes by Aboriginals

Crimes in Relation to Aboriginals

Other Matters

ADMINISTRATIVE LAW

Distinction between Administrative and Judicial Functions

Judicial Review Legislation

Judicial Review at Common Law

Appeals from Administrative Authorities

The Ombudsman

Access to Information

Prerogative Writs and Orders

Particular Tribunals or Bodies

ANIMALS

Animals Ferae Naturae and Mansuetae Naturae

Liability of Owners and Keepers in Respect of Injuries by Animals

Trespass by Animals

Various Statutory Provisions

APPEAL AND NEW TRIAL

APPEAL-GENERAL PRINCIPLES

In General and Right of Appeal

Interference with Discretion of Court Below

Interference with Judge's Findings of Fact

Admission of Fresh Evidence

Points and Objections not Taken Below

Excessive or Inadequate Damages

NEW TRIAL-IN GENERAL AND PARTICULAR GROUNDS

In General

Particular Grounds

PRACTICE AND PROCEDURE

[States]

ARBITRATION

The Submission and Reference

The Arbitrators and Umpire

Conduct of Arbitration Proceedings

The Award

Costs

ASSOCIATIONS AND CLUBS

General Matters

Jurisdiction of the Courts

Rights, Duties and Liabilities of Members

Expulsion, Suspension and Disqualification

Officers, Trustees, Servants and Committees

Procedure in Actions By and Against

Friendly Societies

Credit Unions, Industrial, Building, Co-operative and Similar Societies

Racing Clubs and Associations

Incorporated Associations

Miscellaneous Societies and Organisations

AVIATION

Regulation of Air Navigation

Carriage by Air

Airline Services

Offences in Relation to Aviation

Other Cases

BAILMENTS

General

Bailment for Reward

Gratuitous Bailment

Particular Bailments

Remedies

BANKING AND FINANCIAL INSTITUTIONS

Banks

Banker and Customer and Business of Banking Generally

BANKRUPTCY

Generally

Districts, Registrars and Official Receivers

Procedure and Evidence

Proceedings in Connection with Sequestration

Control Over Person and Property of Debtors and Bankrupts

Administration of Property

Discharge of Bankrupt and Annulment of Sequestration Order

Trustees

Administration under Bankruptcy Legislation of Estate of Deceased Persons

Arrangements with Creditors without Sequestration

Offences

BILLS OF EXCHANGE

Form, Definition and Acceptance

Negotiation, Title and Right of Holders

Parties- Capacity, Authority and Liability

Presentment, Dishonour and Consequent Proceedings

Discharge

Cheques

Promissory Notes

Miscellaneous Matters

Procedure

Other Negotiable Instruments

CARRIERS

Carriage of Passengers

Carriage of Goods

Railways

CHARITIES

Charitable Purposes

Non-charitable Purposes

Charitable Gifts and Trusts

Trustees of Charities

Administration and Control by Court

Other Matters

CHURCHES AND RELIGIOUS ASSOCIATIONS

General Matters

Constitution, Management and Powers

Church Property and Trusts

CITIZENSHIP, IMMIGRATION AND EMIGRATION

Citizenship and Nationality

Aliens

Passports

Immigration

CONSTITUTIONAL LAW

IMPERIAL, COLONIAL, STATE AND COMMONWEALTH CONSTITUTIONAL RELATIONSHIPS

Generally

Imperial Legislation

Extraterritorial Operation of Legislation

THE NON-JUDICIAL ORGANS OF GOVERNMENT

The Crown

The Legislature

CONSTITUTIONAL AMENDMENT

Commonwealth

States

OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION

General Matters

Operation of the Constitution and the Laws of the Commonwealth

The Trade and Commerce Power

Freedom of Interstate Trade, Commerce and Intercourse

The Taxation Power

Bounties and Aid to Production or Export

Financial Relationships between Commonwealth and States

Revenue and Appropriation Generally

The Defence Power

The External Affairs Power

Powers as to Naturalisation and Aliens and Immigration and Emigration

The Power to Acquire Property

Miscellaneous Powers of the Commonwealth

Power of Incidental Legislation

The Executive Government

Transferred Departments

Constitutions, Powers and Laws of the States

Inconsistency of Laws

Restrictions on Commonwealth and State Legislation

Full Faith and Credit to State Laws, etc.

The Seat of Government (Australian Capital Territory)

TERRITORIES

Legislative Powers of Commonwealth Parliament in Relation to Territories

Courts having Jurisdiction in or over Territories

Territory Officers

Application of External Laws

Particular Territories

CONSUMER CREDIT

Credit Protection

Hire Purchase

CONTRACTS

GENERAL CONTRACTUAL PRINCIPLES

Offer and Acceptance

Parties

Statute of Frauds, Section 4

Consideration

Illegal and Void Contracts

Construction and Interpretation of Contracts

Discharge, Breach and Defences to Action for Breach

Harsh and Unconscionable Contracts and Statutory Remedies

PARTICULAR PARTIES

Vendor and Purchaser

Principal and Agent

Partners

Minors

Mentally Disabled Persons

Auctioneers

BUILDING, ENGINEERING AND RELATED CONTRACTS

The Contract

Performance of Work

Materials

Remuneration

Practice

Other Matters

CONVEYANCING

RELATIONSHIP OF VENDOR AND PURCHASER

Matters Arising between Contract and Conveyance

Conveyance

Breach of Contract

Position of Parties after Completion

Sales by the Court

Vendor and Purchaser Summons: Summary Procedure

Restrictive Covenants

Statutory Protection of Purchasers

LAND TITLES UNDER THE TORRENS SYSTEM

General Principles

Bringing Land under the Act

Certificates of Title and Crown Grants Generally

Indefeasibility of Title: Certificate as Evidence

Protection of Purchasers from Registered proprietor

Trusts, Equities and Unregistered Instruments and Interests

Caveats against Dealings

Instruments generally

Transfers

Mortgages, Charges and Encumbrances

Leases

Easements

Persons under Disability

Joint Tenancy and Tenancy in Common

Transmission and Vesting Orders on Proprietor's Death

Execution Against Land under Torrens System

Remedies for Deprivation

Survey, Deposited Plan, etc.

Legal Proceedings generally

Offences

CORPORATIONS

Corporate Character

Constitution and Legal Capacity

Formation

Corporate Finance

Management and Administration

Take-over Offers

Arrangements and Reconstructions

Voluntary administration

Receivers, Managers and Controllers

Official Management

Winding Up

Foreign Companies

Bodies Corporate -- other than Companies and Associations

Supervision, Regulation and Correction

Practice and Procedure

Miscellaneous Cases

CRIMINAL LAW

GENERAL MATTERS

Criminal Liability and Capacity

Ancillary liability

Other General Matters

PARTICULAR OFFENCES

Offences Against the Person

Driving Offences

Property Offences

Offences against Government

Offences Relating to the Administration of Justice

Offences against Peace and Public Order

Offences Against Decency and Morality

Drug Offences

Miscellaneous offences and matters

EVIDENCE

Generally

Relevance

Judicial Discretion to admit or exclude Evidence

Matters relating to Proof

Confessions and Admissions

Complaints

Res Gestae

Similar Facts

Dying Declarations

Depositions

Evidentiary Matters Relating to Witnesses and Accused Persons

Miscellaneous Matters

JURISDICTION, PRACTICE AND PROCEDURE

Warrants, Arrests, Search, Seizure and Incidental Powers

Bail

Limitation of Time for Prosecution

Consent of Attorney-General or Other official to Prosecution

Prosecution

Jurisdiction

Adjournment, Stay of Proceedings or Order Restraining Proceedings

Hearing in Open Court and in Presence of Accused

Persons entitled to Conduct Prosecution

Matters Connected with Conduct of Defence

Information, Indictment or Presentment

Accused Unfit to Plead or Becoming Incapable During Trial

Pleas

Juries

Courses of Evidence, Statements and Addresses

Witnesses

Miscellaneous Powers of Courts and Judges

Interpreters and the Interpreting of Evidence

Exhibits

Summing-Up

Death or absence of Judge During Trial

Verdict

Judgment and Punishment

Miscellaneous Practice Cases

APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION

Appeal and New Trial

Pardon, Commutation of Penalty, Reference on Petition for Pardon and Inquiry after Conviction

PROBATION, PAROLE RELEASE ON LICENCE AND REMISSIONS

ADMINISTRATION OF PRISONS

FEDERAL AND STATE INVESTIGATIVE AUTHORITIES

DAMAGES

General Principles

Measure and Remoteness of Damages in Actions for Breach of Contract

Measure and Remoteness of Damages in Actions for Tort

DEEDS

What amounts to a deed

What amounts to a covenant

Form and execution

Delivery

Escrow

Merger

Deeds of Release

Discharge of deeds

Avoidance of deeds

Other Matters

DEFAMATION

Distinction between Libel and Slander

Statements Amounting to Defamation

Publication

Justification

Fair Comment

Privilege

Other Defences

Damages

Injunctions

Actions for Defamation

DEFENCE AND WAR

DEFENCE FORCES

Since Australian Federation

Ex-servicemen (Veterans)

WAR

Effect of War on Civil Rights Generally

Trading with the Enemy

Prize Law and Jurisdiction

Peace Treaties

WAR EMERGENCY LEGISLATION (FROM 1939)

SPECIAL POWERS IN RELATION TO DEFENCE

In General

Prerogative Powers

Intelligence

EDUCATION

Universities

Other Tertiary Educational Institutions

Schools

Training of Teachers

EMPLOYMENT LAW

The Relationship of employer and employee

The contract of service and rights, duties and liabilities as between employer and employee

Rights and liabilities as between employer and third persons

ENERGY AND RESOURCES

Electricity

Gas

Oil

Coal

Other Energy Sources

Water resources

ENVIRONMENT LAW

Legislation generally

Parks and Reserves

Heritage conservation

Soil conservation

Air Pollution

Water Pollution

Noise Control

Noxious and offensive trades and premises

Waste Disposal

EQUITY

General Principles and Maxims of Equity

Equitable Doctrines and Presumptions

Equitable Estates and Interests

Assignments on Equity

Priority and Notice

Equitable Charges and Liens

Fiduciary Obligations

Fraudulent and innocent misrepresentation

Undue influence and duress

Other forms of equitable fraud

ESTOPPEL

General Principles

Former Adjudication and Matters of Record or Quasi Record

Estoppel by Deed

Estoppel by Convention

Estoppel in Pais

EVIDENCE

General

Admissibility and Relevancy

Facts Excluded from Proof

Admissions and Declarations

Documentary Evidence

Mechanical Records

Computer Output and Results

Burden of Proof, Presumptions, and Weight and Sufficiency of Evidence

Custom and Usage

Course of Evidence and Addresses

Witnesses

Evidence on Commission or Letters of Request

Affidavits and Statutory Declarations

Prohibition of Publication of Evidence

EXTRADITION

Apart from Statute

Extradition to and from Foreign States

Extradition to and from Commonwealth Countries

Service and Execution of Process Act

Other Cases

FAMILY LAW AND CHILD WELFARE

THE FAMILY LAW ACT 1975 (CTH) AND RELATED LEGISLATION

General

Courts- constitution and generally

Jurisdiction

Proceedings pending at commencement of Family Law Act 1975

Marriage counselling and reconciliation

Dissolution of marriage

Declaration as to validity of marriage etc

Children

Maintenance and property of parties

Intervention

Injunctions

Evidence

Practice and procedure

Appeals

Enforcement of orders, decrees, etc

Recognition of overseas decrees

MARRIAGE AND ITS EFFECT

Marriage

Effect of marriage

DE FACTO RELATIONSHIPS

Legislation

Other matters

CHILD WELFARE OTHER THAN UNDER FAMILY LAW ACT 1975 AND RELATED ACTS

Definitions and generally

Wards of court

Guardians

Custody

Education

Property

Maintenance

False representation as to age

Ex-nuptial children

Paternity

Adoption

Legal proceedings

Crimes and offences by and against children

Children in care of state

Other matters

FIRE, EXPLOSIVES AND FIREARMS

Powers of Local Authorities

Liability for Damage Done by Fire

Offences under Legislation Dealing with Fires

Fire Brigades

Explosives

Firearms

Inflammable liquids

GAMING AND WAGERING

Civil Proceedings in Respect of Wagering Contracts

Lotteries etc.

Unlawful Games and related Offences

Common Gaming Houses and Places

Using House, Office, Room or Place for purpose of Betting etc.

Offences in Public Places (including Streets, Racecourses and Sports Grounds)

Prohibited Publications Relating to Betting

Miscellaneous Offences

Betting Prosecutions Generally

Racing, Racecourses and Totalisators

GIFTS

Gifts Inter Vivos

Donationes Mortis Causa

GUARANTEE AND INDEMNITY

The Contract of Guarantee

Discharge of Surety

Rights of Surety

Actions Against Surety

Indemnities

HEALTH LAW

Administration of public health laws

Food and drugs -- qualities of

Drugs and poisons

Milk and dairies

Slaughtering, abattoirs and butchers’ shops

Other food premises

Boarding and accommodation houses

Disposal of garbage and sewage

Insanitary and unclean premises

Keeping animals

Drainage and low-lying land

Burial or cremation

Hospitals

Ambulance services

Quarantine

Infectious diseases

Other provisions for health and convenience

HIGH COURT AND FEDERAL COURT

The Federal Judicature Generally

Powers of the High Court

Appellate Jurisdiction of the High Court

Original Jurisdiction of the High Court

Other matters affecting the High Court

The Federal Court of Australia

Other matters relating to Federal Courts

HIGHWAYS

Definitions and General Matters

Creation and Extinction of Highways

Alignment and Realignment

Classification of Highways

Ownership of Soil

Construction, Maintenance and Repair

Negligence and Nuisance

Offences in Connection with Highways

Structures and Gates

Pipes and Wires

Miscellaneous Matters

INDUSTRIAL LAW

THE COMMONWEALTH

Constitutional power

Australian Industrial Relations Commission

Federal Court of Australia, Industrial Division

Industrial Relations Court

Relief by prerogative writ sought in High Court

Australian Industrial Registry

Inspectors

Dispute prevention and settlement

Minimum entitlements of employees

Facilitation of agreements -- Commission’s Bargaining Division

Paid rates awards

Compliance

Registered organisations

Offences

Miscellaneous matters

NEW SOUTH WALES

Interpretation and related matters

Conditions of employment

Awards and agreements generally

Enforcement of condition of employment

Disputes, industrial action and related matters

Industrial Court

The Industrial Relations Commission

Appeals and references

Organisations of employers or of employees

Miscellaneous matters

Provisions of particular statutes

VICTORIA

Operation of Industrial Relations legislation

Interpretation of awards and agreements

Other cases

SOUTH AUSTRALIA

Applicability of Industrial legislation and generally

Industrial Relations Court

Industrial Relations Commission

The Industrial Registrar and other officers

Appeals and references

Industrial agreements

Associations

Offences

Other particular statutes

QUEENSLAND

Applicability of Industrial legislation and generally

Industrial Relations Commission

Awards and industrial agreements

Employment conditions

Disputes -- prevention and settlement

Strikes

Industrial organisations

Hours of business in shops

Miscellaneous matters

WESTERN AUSTRALIA

Applicability of Industrial legislation and generally

Industrial Relations Commission

Industrial Relations Court

Industrial organisations and associations

Miscellaneous matters

OTHER JURISDICTIONS

Tasmania

Australian Territories

INDUSTRIAL SAFETY, HEALTH AND WELFARE

Commonwealth

New South Wales

Victoria

South Australia

Other States and Territories

PARTICULAR INDUSTRIES

Waterfront industries

Coal industry

INSURANCE

General

Third Party Liability Insurance

Insurance of Motor Vehicles Against Damage and Loss

Fire Insurance

Marine Insurance

Fidelity Insurance

Professional Indemnity Insurance

Indemnity against industrial and like risks

Other indemnity insurances

Life Insurance

Accident and Sickness Insurance

Double Insurance

Reinsurance

Insurance Companies

Insurance Agents and Brokers

INTELLECTUAL PROPERTY

Designs

Patents

Trade marks and trade names

Other matters

INTEREST

Agreements to Pay Interest

Recoverability of Interest

Where Equitable Relief or Fiduciary Relationship

Rate of Interest and Compound Interest

INTERPRETATION

General Rules of Construction of Instruments

Admissibility of Extrinsic Evidence in Relation to Instruments

JURY

The jury in civil proceedings

The jury in criminal proceedings

LANDLORD AND TENANT

Distinction Between Lease and Licence

Agreements for Lease

Creation of Relationship of Landlord and Tenant

Commencement of Term or Tenancy

Duration of Term

Subject Matter of Lease

Form and Contents of Lease

Covenants

Rent

Use and Occupation

Tenancies other than for a Term

Rights and Liabilities Apart from Covenant

Assignment, Severance and Underlease

Concurrent and Future Leases

Termination of the Tenancy

Retail and commercial tenancies legislation

LIMITATION OF ACTIONS

General

Contracts, Torts and Personal Actions

Land

Mortgagees and Charges

Trusts and Deceased Estates

Postponement of the Bar

LIQUOR LAW

General

Licensing

Penal Provisions

Other matters

LOCAL GOVERNMENT

Regulation and administration

Powers, functions and duties of councils generally

Subdivision of land

Building control

Town planning

Miscellaneous matters

Appeals

MAGISTRATES

Jurisdiction and procedure generally

Appeals from and control over magistrates

Coroners

Miscellaneous matters in relation to magistrates

MEDIA LAW

Broadcasting services

Radio communications

Printing and newspapers

MEETINGS

What Constitutes a Meeting

Public Meetings and Assemblies

Notice

Conduct of Business

Minutes

MENTAL HEALTH

Definitions and In General

Declaration or Finding of Mental Illness or Incapacity

Guardians, Committees, Administrators, Managers and Receivers

Confinement and Restraint of Mentally Ill Persons and Similar Orders

Mental Hospitals and Institutions

Management and administration of property

Discharge

Effect of mental illness or disability on civil rights and dut