New South Wales Authorised Reports
The Supreme Court of New South Wales has issued a practice note (no. SC Gen 20) that applies to the citation of authorities in all proceedings in the Supreme Court of New South Wales, the Court of Appeal and the Court of Criminal Appeal.
The New South Wales Law Reports (NSWLR) are the authorised report series for the Supreme Court of New South Wales. The NSWLR are available on LexisNexis AU (UniMelb access) (1971 to current) and in hard copy in the Law Library.
The New South Wales Law Reports website provides a list of all cases reported in the report series, and where available, information on catchwords, topics, medium neutral citations, and links to the original court issued judgment. It also lists cases that have been selected by the Editor for publication in future parts.
Prior to the New South Wales Law Reports the following report series were published:
Several other 'non-authorised' report series contain New South Wales cases:
Unreported judgments that have not been published in a law report series. There are several sources for New South Wales unreported judgments:
Court of Appeal
Court of Criminal Appeal
The New South Wales Civil and Administrative Tribunal (NCAT) commenced operating on 1 January 2014, replacing more than 20 of the State's existing tribunals, including the Administrative Decisions Tribunal. A selection of current tribunal decisions are available via the NSW Caselaw database.
Administrative Decisions Tribunal of New South Wales
Administrative Decisions Tribunal Appeal Panel of New South Wales
Consumer, Trader and Tenancy Tribunal of New South Wales
Fair Trading Tribunal of New South Wales
Guardianship Tribunal of New South Wales
Industrial Relations Commission of New South Wales
NSW Privacy Commissioner Cases
Residential Tribunal of New South Wales
Cases prior to 1900
The New South Wales State Library has a guide on finding NSW judgments prior to 1900.
State Records of New South Wales has several collections of early New South Wales judgments. Although many of them have not been digitised, indexes are available to located the cases.
This page includes the following information:
When you know the full citation, or partial information such as the name of at least one of the parties, the jurisdiction or court - there are several subscription and free caselaw online databases which we recommend using to find the case:
1. Start with secondary sources, which will cite significant cases on the topic.
2. Find relevant journal articles, use topic keywords to search:
3. Use commentaries on the topic, such as those on CCH, LexisNexis AU and Westlaw AU.
4. In addition to using secondary sources:
Beware: the case law databases will find many cases, but not all will be significant - use books, articles and commentaries to ensure the importance of the case.
Use Secondary Sources!
The following will discuss the most important cases in the area:
The INFORMIT databases, particularly AGIS (law articles) and the HUMANITIES & SOCIAL SCIENCES COLLECTION (Melb Uni staff & students only).
AustLII Journals (free)
Case citators / noting up services will help you determine whether any later cases have considered your case and which earlier cases your case has considered.
The citators listed below will all reveal slightly different results so to search comprehensively we recommend using all of them.
The subscription services on WestlawAU and LexisNexisAU have the distinct advantage of providing information on how your case has been treated in subsequent cases ie: whether it has been distinguished, followed, overruled etc.
CaseBase (LexisNexis AU)
Free citators / noting up services
AustLII Noteup - when you have located the case you are looking for, the Noteup feature searches for all materials which refer to the current case. This will display all other cases which refer to this case and pinpoints to the relevant paragraphs in the citing cases.
Jade's Case Trace is a citator feature that appears on the right of the page of every case in JADE - it includes links to the full text of cases your case has cited and to cases which have cited your case - and pinpoints the relevant paragraph in the citing cases.
Subsequent consideration of Australian cases in worldwide cases
LawCite - is an automatically generated global case citator, which gathers information from all the 'LIIs" worldwide, so that you see where your case is cited in cases in other jurisdictions. It also lists free and subscription journal articles and law reform reports which discuss your case, and legislation which is cited in your case. Cases found in AustLII all have LawCite link beside the case which links straight to the LawCite record.