AGLC4 Rule 2.1.14: Shortened and Popular Case Names and Subsequent References

A case with a popular name, or one cited more than once, may be given a short title for later references, using a popular name or a shortened form of the case name. Later references use the short title or Ibid under rules 1.4.1 and 1.4.3, and a short title first set in a footnote must also be introduced in the text when the case is first named there.

AGLC4 page 46

Formatting

  • The short title is italic, inside curly single quotes, inside round brackets; the quotes and brackets are roman.
  • In a footnote the short title comes after the pinpoint and after any bracketed judge, court or other clause.
  • The first citation in the footnotes is always in full, even when the text has used the short title.
  • The short title is normally the popular name, or the first party's name without corporate status words, or the second party's name where the first is the Crown, or the ship's name in an admiralty case.
  • A later reference gives the italic short title, a space, the cross reference in round brackets as n and the footnote number, a space and the pinpoint, with no comma before the pinpoint.
  • A judge bracket follows each pinpoint it relates to; several pinpoint and judge groups are separated by commas.
  • Ibid is used for the immediately preceding source, following rule 1.4.3.
  • Introductory signals stay roman, with commas as rule 1.2 requires.

Examples

Quoted from the Guide, page 46
  1. 40
    See, eg, McGinty v Western Australia (1996) 186 CLR 140, 232 (McHugh J) (‘McGinty’). See also Roxborough v Rothmans of Pall Mall Australia Ltd (2001) 208 CLR 516, 544–5 (Gummow J) (‘Roxborough’).
  2. 42
    See Roxborough (n 40) 544–5 (Gummow J), 579 (Kirby J). Gummow J relied upon the comments of McHugh J in McGinty (n 40) 232.
  3. 44
    (1983) 158 CLR 1 (‘Tasmanian Dam Case’). See also Victoria v Commonwealth (1996) 187 CLR 416 (‘Industrial Relations Act Case’).
  4. 46
    Tasmanian Dam Case (n 44) 109 (Gibbs CJ).

In the text

Several Justices on the Court have shown an extreme aversion to ‘[t]op-down reasoning’.40 This aversion has emerged in several different contexts.

Quoted from the Guide, page 47

Those arguing for judicial acknowledgment of restitution for unjust enrichment have not been immune to this criticism.42

Quoted from the Guide, page 47

The external affairs power has been interpreted widely in Commonwealth v Tasmania (‘Tasmanian Dam Case’).44

Quoted from the Guide, page 47

See also

Check your footnotes against these rules

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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.