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Legal Research Skills Guide: Judicial consideration

Applying the law - does your case still apply?

Before you use a case that you've found in your secondary source research, it is good practice to check that the case is still applicable to your issue. 

Case citators use symbols and and annotations to indicate the treatment of a case in subsequent decisions and the current status of the case.

Check the signal symbol

Casebase (Lexis Advance) and Keycite (Westlaw) use their own set of symbols to indicate the subsequent treatment of the case.

Casebase symbols indicate whether the case decision has received positive, negative, cautionary or neutral treatment in subsequent judgments.

Keycite uses flags for the litigation history of your case as well as for cases citing your case. These indicate how your case was treated in subsequent judgments.

Activity #19 - What's the symbol?

 Using the Keycite case citator, locate the following case

Castle v The Queen (2016) 259 CLR 449

Charles Sturt University acknowledges the traditional custodians of the lands on which its campuses are located, paying respect to Elders, both past and present, and extend that respect to all First Nations Peoples.Acknowledgement of Country

Charles Sturt University is an Australian University, TEQSA Provider Identification: PRV12018. CRICOS Provider: 00005F.