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Legal research for non-law students: Primary sources (cases and legislation)

This guide is designed for students who are studying a law related topic in their course and need the basics

Locate key case law and legislation

Primary sources of law are the authoritative sources of law as made by law-making bodies. They include:

  • Case Law - the decisions made by the courts which can both establish and refine legislative law. Case Law is also known as Common Law or Judge-made Law, cases, court decisions, judgments or judicial decisions
  • Legislation - is the largest source of law in Australia and forms the basis of the Australian Legal System. It includes Acts of Parliament (or Statutes) and subordinate or delegated legislation (such as regulations). 

How do I know which case law and legislation to read?

Cases that are referred to by your lecturer, those that keep appearing in secondary resources that are 'seminal' and where a passage from a certain judge is frequently repeated.

Reading and understanding case law and legislation is a skill that takes time to develop. Remember secondary sources such as journal articles and textbooks can help you develop your understanding of the law.

How do I know when to stop researching?

Sometimes it can be difficult to know when to stop researching and start writing. Here are some guidelines to help you know when it is time to stop:

  • You have read the same point in several different sources.
  • You notice that the same cases and articles keep appearing.
  • You are already familiar with the issues.

For help with case law

For help with legislation

Elements of a case citation

Case citations (references) hold all of the key information to allow you to locate a Case.  Let's have a look at an example of an AGLC4 Case citation to see what the elements are.

Mabo v Queensland [No 2] (1992) 175 CLR 1

Parties / Case Name Mabo v Queensland [No 2]
Year (1992)
Volume number 175
Law report abbreviation CLR
Starting page 1

Finding a case from a citation

When you are provided with a citation for a Case, the quickest way to see which database holds the full-text of the Case is to use the abbreviation in the citation - using the same process as finding a journal article from a citation.

Use an abbreviations guide to find out the full title of the report series:

Then search for the law report series in Primo Search.  If the library subscribes to the report series, follow the link to view online and navigate to the correct volume.

Australian case law databases

Legal databases publish some case law. Once you know what you are looking for, search in these databases:

Acts

Act (of Parliament)

An Act is a statute or law passed by both Houses of Parliament that has received Royal Assent.

The most authoritative versions of an Act will be found on the legislation website for the relevant jurisdiction.  Many other legal databases will provide the full-text of Acts, but when citing, you should be referring to the Legislation website as your source.

Finding Acts by topic

The best place to identify the appropriate legislation for a particular issue, is to use secondary resources.  Dictionaries, encyclopedias and books will point you to the most appropriate piece of legislation for your issue.

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