24 Finding a Case

Note: The comparison below is between this text and the current version of the text from which it was adapted.

additions / deletions

Finding a known case
The known case approach relies on having some details about the case—either the case citation, the judge’s name, the date of hearing, or some other combination of details.

If there is a known case citation, locating the decision will be straightforward. You can use the A-Z list on the UQ Library Legal Research Guide to:

 	
locate the law report abbreviation
 	
select the correct law report series
 	
use a database or the print copy in your library

Watch Find a case (YouTube 3m41s)

https://youtu.be/ae9rBpl5kAM
Secondary Sources
Secondary sources such as legal encyclopaedias, books, articles, and looseleaf/commentary are often the best place to start when looking for case law. Important cases and the key points of law will be discussed and referred to by experts.
Keyword searching



Searching for cases by subject or topic can be difficult. It is almost always more efficient to identify relevant cases via secondary sources. The options below are a few different ways to search using keywords.



Catchwords and summary search
One of the most effective keyword searches you can try is the Catchwords/summary (Lexis+) or Synopsis/digest (Westlaw Australia) search. By searching this field, you will receive a smaller number of more relevant results.

The catchwords are a series of keywords and phrases, separated by dashes, added to the headnote of the case by the law reporter. The purpose is to quickly describe the subject matter of the case, including relevant legislation and provisions. See these example catchwords from Cronin v Hamilton [1958] Qd R 24:
Criminal law — Justices — Assault — Circumstances of aggravation — Punishment — Forms of conviction — Evidence — Sexual offences — Corroboration — The Criminal Code, ss. 19(8), 341-345 — The Justices Act, 1886 to 1949, s. 211.
The summary briefly summarises the matter and outlines the key rulings of the case. Most legal databases will allow the user to refine their search to just these fields.
Full-text searching
A full-text search looks for keywords across the entire text of the case. This is the broadest type of search and will not only receive the largest number of results of all the searches, but possibly also the highest number of irrelevant results. Each database has a specific help section that gives tips to the user on how to search effectively. Consider using Boolean operators, proximity searching, and placing limitations to get the best results.
Legislation and provision
Many legal databases allow you to search for cases that consider a particular Act/Regulation and section. The instructions below show you how to achieve this using the Advanced Search function, but you can obtain similar results using proximity searching (e.g. "Crimes Act 1958" w/s 25) in the full-text search box.

In Lexis+:

 	
Select Advanced Search and AU Cases
 	
In the Legislation Title field, enter the Act title
 	
In the Provision Number field, enter the section number (you do not need to add an "s").

In Westlaw Australia:

 	
Select the Cases link, then Advanced Search
 	
In the Legislation Cited (title) field, add the Act title
 	
In the Legislation Cited (Provision) field, add the section number (you do not need to add an "s").

Consider re-ranking any results you have so that decisions from higher courts are at the top of your results.


Watch Finding cases and secondary materials referring legislation on Westlaw Australia (Westlaw, 1m24s)


Words and phrases judicially considered
Searching the words and phrases judicially considered field will find decisions where judges have discussed or defined particular words and phrases.