AGLC4 Rule 12.2.2: Cases: Phase

The phase (the stage of the proceedings) comes straight after the parties' names, in italics and parentheses, capitalised under rule 1.7 and otherwise as it appears on the decision. A defendant's name that appears in the phase is removed because it is already in the case name.

AGLC4 page 179

Formatting

  • The phase is italic and so are its round brackets.
  • One space separates the parties' names from the opening bracket of the phase; there is no comma.
  • Capitalisation follows rule 1.7: major words capitalised, minor words such as on, the, and, of in lower case.
  • Wording, including any date that forms part of the phase, is copied as it appears on the decision.
  • Where the phase names the defendant already given in the case name, that name is left out of the phase.
  • Where the decision has no paragraph numbers, the pinpoint is a bare page number with no square brackets.

Examples

Quoted from the Guide, page 179
  1. 12
    Prosecutor v Blaškič (Decision on the Prosecution and Defence Motions Dated 25 January 1999 and 25 March 1999 Respectively) (International Criminal Tribunal for the Former Yugoslavia, Trial Chamber I, Case No IT-95-14-T, 22 April 1999) 4.
  2. 13
    Prosecutor v Al Bashir (Warrant of Arrest) (International Criminal Court, Pre-Trial Chamber I, Case No ICC-02/05-01/09, 4 March 2009). [Not: … (Warrant of Arrest for Omar Hassan Ahmad Al Bashir) …]

Not

Quoted from the Guide, page 179
  • … (Warrant of Arrest for Omar Hassan Ahmad Al Bashir) …
    the defendant's name is already in the case name, so it is dropped from the phase

Forms in the rule

Quoted from the Guide, page 179
  • ‘(Decision on …)’
  • ‘(Judgement…)’/‘(Judgement on …)’
  • ‘(Sentencing Judgment)’
  • ‘(Warrant of Arrest)’

See also

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Formats, examples, passages, tables and the forms marked Not are quoted from the Australian Guide to Legal Citation (4th ed, Melbourne University Law Review Association, 2018), with the page of the Guide they appear on. Titles, summaries and explanations are our own.