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Australian Guide to Legal Citation (AGLC) e4 AGLC4 is a referencing style guide, prepared and edited by the University of Melbourne, that brings together the rules about how to properly reference all kinds of legal writing, using the widest array of different domestic and international source materials. A typical Law student will never need to use all the rules that can be found there. AGLC4 makes it clear that for spelling of words you should use the Macquarie Dictionary, and for grammar you should use Fowler’s Modern English Usage.

When should you insert references into your work? AGLC4 is a footnoting reference style - meaning all the details of the reference are in the footnotes, not in the body of the text. There are four situations in which you should use footnotes: 1. Whenever you directly quote words that are not yours, such as words from an article or a judgment. 2. Whenever you use someone else’s idea or refer to a legal principle, even though you express them in your own words. 3. To demonstrate that your information comes from a reliable source 4. To enable the reader to locate any of your sources If you reference a legal principle your footnote should refer to the case or statute that is authority for that legal principle (not the textbook).

What does it cover?  Part 1 tells you when and how to footnote, to use quotations, to use capitals and italics, to write numbers, dates and names, and how to format headings, subheadings, titles and bibliographies.  Part 2 tells you how to cite cases and judgements, legislation, including the Australian Constitution and delegated legislation such as Bills.  Part 3 deals with citing sources such as journal articles, books and book chapters, as well as other sources such as government documents, encyclopaedias, newspaper articles, and internet materials.  Part 4 is on how to cite international treaties, United Nations documents, International Court of Justice cases, international tribunals and other source materials used by international bodies.  Part 5 deals with citing cases and legislative materials from other countries and jurisdictions, including the United Kingdom, United States, New Zealand, and Canada.  Part 6 provides a useful list of Law Reports and their abbreviations, Australian medium neutral court identifiers and a list of pinpoint abbreviations, a detailed Index to the Guide as a whole and a very useful Quick Reference Guide.

AGLC in Practice Cases How to footnote a case You should cite a reported version of a case in preference to an unreported version. This means the case has appeared in a recognised law report series. Also, you should cite an authorised report before any other version. An authorised report has been given official approval by the judiciary. The most commonly cited Australian authorised report series can be found in AGLC4 rule 2.2.3. Reported Decisions A reported decision should be cited by name, year of judgment, volume number of report, law report series and starting page (see rule 2.2). Unreported Decisions with a Medium Neutral Citation Some cases are available only in their ‘medium neutral citation’. This means they can be cited consistently in print or online, whether or not they have been reported. The abbreviation refers to the court in which the case was heard. They should be cited by name, year of judgment, unique court identifier and judgement number (see rule 2.3.1). Unreported Decisions without a Medium Neutral Citation An unreported case should be cited by name, court, judge, date of judgment (see rule 2.3.2).

Pinpoint Referencing If you are using a pinpoint in your case citation, you should insert the name of the judge unless this is clear from the body of your text (see rule 2.4.1)

Legislation How to footnote Legislation Acts Statutes or Acts of Parliament should be cited by short title and year (both in italics), jurisdiction, and pinpoint (see rule 3.1). Bills Bills should be cited the same way as Acts, without italics. Pinpoints are typically 'Clause' and 'sub-clause' (see rule 3.2). Delegated Legislation Dele gated legislation (such as regulations, rules and orders) should be cited in the same way as Acts (see rule 3.4). There is a list of pinpoint abbreviations at rule 3.4. Abbreviations Jurisdiction abbreviations are as follows: Jurisdiction Commonwealth Australian Capital Territory New South Wales Northern Territory Queensland South Australia Tasmania Victoria Western Australia

Abbreviati on Cth

There is a list of statutory pinpoint abbreviations in Part 2 of AGLC4 (specifically rule 3.1.4)

ACT NSW NT Qld SA Tas Vic WA

Pinpoints:

Parallel Australian Statutes and Bills Parallel Statues and Bills are often named differently. When citing equivalent Acts or Bills across multiple Australian jurisdictions, Commonwealth Acts or Bills should appear first followed by state and territory Acts or Bills in alphabetical order by jurisdiction (see rule 3.3).

Journal Articles How to footnote Journal Articles You should footnote a journal article by the author’s first name, family name, article title (in single quotation marks), year, volume number and issue (if any), name of journal (in italics), starting page and pinpoint (see rule 5). Journals organised by volume number should show the year of publication in parentheses (rule 5.4). e.g. Michael Kirby, 'Corruption, Proportionality, and their Challenges' (2016) 18(1) Health and Human Rights 283, 289. Journals organised by year should show the year of publication in square brackets (rule 5.4). e.g. Jessica Palmer, 'Equity and Trusts' [2015] (1) New Zealand Law Review 141, 165. Online journals should be cited the same way as printed journals (rule 5.10).

Books How to footnote Books Books You should footnote material from a book by the author’s first name, family name, book title (in italics), publisher, edition number, year of publication, and pinpoint (see rule 6). Edited Books The name of the editor of a book should be shown in the same way as an author’s name with ‘(ed)’ for one editor or ‘(eds)’ for more than one editor (rule 4.1.3). Book Chapter Where you need to footnote material from a book chapter set out the author’s name, the chapter title (in single quotation marks), in, name of editor, book title (in italics), publisher, edition number, year of publication, and pinpoint (rule 6.6.1).

Internet Material How to reference internet material Internet Materials Cite the material with the author’s name, document title (in single quotation marks), web page title (in italics), document type, full date of the last update of the web page, pinpoint reference, and URL (enclosed within < > symbols) (see rule 7.15). Social Media Posts Cite the material with the username, title (in single quotation marks), social media platform, full date, time and URL (enclosed in < > symbols) (see rule 7.16). Internet Material should only be cited where it does not exist in published form

Subsequent Form

Bibliographies How to set out a bibliography Note that a bibliography is not always required for a Law assessment task. Instructions for the task should make that clear. Where a bibliography is required, the following rules apply....