2. How cases are published
It is helpful to know how judgments are published in Australia when undertaking research in case law.
Which courts produce written decisions?
Not all courts produce written decisions. Generally speaking though, most federal courts will produce and publish written decisions. In state court hierarchies, superior courts (Supreme Courts and Courts of Appeal) and intermediate courts (District Courts or County Courts) will also produce and publish written decisions. However, matters heard in the Magistrates Courts will rarely lead to a written decision.
Jury trials do not necessarily result in a written decision. However, following the accused pleading guilty, or the jury finding the accused guilty at trial, there will be a sentencing hearing. Many courts make these sentencing remarks available to the public.
Unreported and reported judgments
Almost all decisions, except those that are suppressed on the grounds of privacy or public-interest, are initially published online as unreported judgments. From 1992 onwards, Australian courts have adopted a standardised system of citation known as 'medium neutral citation' for unreported judgments.
Of those, judgments deemed to be significant are reported and published in law reports series. These are called reported judgments or reported decisions. In order to be reported a judgment must:
- raise significant points of law
- introduce a new principle of law
- significantly modify an existing principle of law
- settle a question of law
- apply an established principle in a new area
- define or interpret legislation or legal terms, or is particularly instructive.
Authorised reports
All Australian jurisdictions have a set of official or 'authorised' law reports. These are listed in the table. Judgments published in authorised reports are checked by a Judge (or Judge's associate) prior to publication.
Which version of the judgment should you use?
It is possible that a decision has been published multiple times. First, in unreported format, then in an unauthorised law report series, and finally in an authorised law report series. Commonwealth v Tasmania, an important case about the balance of powers between the Commonwealth and the states, was reported (published) in the Commonwealth Law Reports, Australian Law Journal Reports, Australian Law Reports. So which version should you cite in your assignments?
In general, the rule is, whether citing a case in your assignment or using it in court, it is important to always use the authorised version of the case where possible. A number of courts have formalised this preference by issuing practice directions.
Australia
| Court | Law report abbreviation | Full title |
|---|---|---|
High Court of Australia | CLR | Commonwealth Law Reports |
Federal Court of Australia | FCR | Federal Court Reports |
Supreme Court of the Australian Capital Territory | ACTLR | Australian Capital Territory Law Reports (2007-onwards) |
Supreme Court of New South Wales | NSWLR | New South Wales Law Reports (1971-onwards) |
Supreme Court of the Northern Territory | NTLR | Northern Territory Law Reports (1991-onwards) |
Supreme Court of Queensland | QR (formerly Qd R) | Queensland Reports (1959-onwards) |
Supreme Court of South Australia | SASR | South Australian State Reports (1921-onwards) |
Supreme Court of Tasmania | Tas R | Tasmanian Reports (1979-onwards) |
Supreme Court of Victoria | VR | Victorian Reports (1957-onwards) |
Supreme Court of Western Australia | WAR | Western Australian Reports (1960-onwards) |
Canada
| Court | Law report abbreviation | Full title |
|---|---|---|
Supreme Court of Canada | SCR | Canada Supreme Court Reports |
Federal Court Canada | FC | Canada Federal Court Reports |
New Zealand
| Court | Law report abbreviation | Full title |
|---|---|---|
Supreme Court of New Zealand | NZLR | New Zealand Law Reports (1881-onwards) |
United Kingdom
| Court | Law report abbreviation | Full title |
|---|---|---|
Supreme Court | AC | Law Reports, Appeal Cases |
High Court (Chancery Division) | Ch | Law Reports, Chancery Division |
High Court (Family Division) | Fam | Law Reports, Family Division |
High Court (Probate, Divorce and Admiralty Division) | P | Law Reports, Probate |
High Court (Queen's Bench Division) | QB | Law Reports, Queen's Bench |
United States
| Court | Law report abbreviation | Full title |
|---|---|---|
United States Supreme Court | US | United States Reports |
United States Court of Appeal | F | Federal Reporter |
F 2d | Federal Reporter, 2nd Series | |
United States District Court | F Supp | Federal Supplement |
United States District Court | FRD | Federal Rules Decisions |
 | What is the current authorised report series of the Supreme Court of Victoria? | |
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