AGLC4 Rule 2.4.2: Agreement or Dissent

Where a judge agrees in whole or in part with another judgment, the agreement may be shown in the bracket naming the judge agreed with. If the agreement is a separate judgment, add its pinpoint after at. Name each separately agreeing judge or joint group with its own pinpoint, and show a dissent in the same way where it is relevant.

AGLC4 page 60

Formatting

  • Everything sits in one pair of round brackets, roman.
  • The judge whose reasons are cited comes first, then a comma and the agreeing judge or judges.
  • The agreeing judge's name is followed by the lower case word agreeing, then at and the pinpoint to the agreeing judgment.
  • The pinpoint after at may be a page or a page with a paragraph in square brackets.
  • Each separately agreeing judge or joint group has its own agreeing at segment, separated by commas.
  • Judges who agreed jointly share one plural title after the last name (rule 2.4.5).
  • Separately agreeing judges are never merged into one clause with combined pinpoints.
  • A dissent may be shown in the same way where it matters.

Examples

Quoted from the Guide, page 60
  1. 96
    Guinea Airways Ltd v Federal Commissioner of Taxation (1950) 83 CLR 584, 592–3 (Kitto J, Webb J agreeing at 591).
  2. 97
    Vakauta v Kelly (1989) 167 CLR 568, 589 (Toohey J, Brennan, Deane and Gaudron JJ agreeing at 570).
  3. 98
    Grassby v The Queen (1989) 168 CLR 1, 22 (Dawson J, Mason CJ agreeing at 4, Brennan J agreeing at 4). [Not: … (Dawson J, Mason CJ and Brennan J at 4, 4).]
  4. 99
    D’Arcy v Myriad Genetics Inc (2015) 258 CLR 334, 373 [96] (French CJ, Kiefel, Bell and Keane JJ, Gageler and Nettle JJ agreeing at 397 [172], Gordon J agreeing at 419 [285]).

Not

Quoted from the Guide, page 60
  • [Not: … (Dawson J, Mason CJ and Brennan J at 4, 4).]
    two separately agreeing judges are merged into one clause with combined pinpoints

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.