Researching Cases and Laws on AustLII

What AustLII contains

AustLII is a free online legal research service. It brings together Australian legislation, court decisions, and other legal materials. You can search its collections without paying for a subscription.

Its records cover many courts and government bodies. Some collections also hold law reform reports and treaty documents. The range and detail of results can vary by collection and source.

AustLII is a research tool, not a court or law firm. A page on the site cannot decide how a rule applies to your case. Use it to find sources, then check their date, origin, and context.

• Search legislation collections for Acts and regulations.
• Search case collections for court judgments.
• Check each record's source, date, and citation.

Different records serve different purposes. An Act sets out legal rules, while a judgment explains a court's decision. Identify the source type before relying on it.

Search AustLII for a case or law

Start with a short search phrase. Use a party name, Act title, court, or distinct legal term. Put the words most likely to identify the source first.

Choose a collection that fits your question, then scan the results. Check titles, dates, courts, and jurisdictions before opening a record. If the search is too broad, add a term tied to the issue.

A full case name may work better than a broad term such as “contract.” If you do not know the name, try the legal issue with a court or year. Change the wording if your first search finds little.

1. Choose a collection, such as cases or legislation.
2. Enter a name, title, or distinct legal phrase.
3. Check each result for court, jurisdiction, and date.
4. Open a likely record and see if it fits your question.

Search order does not show legal importance. A result near the top may not be the newest or most useful source. Read the record before drawing a conclusion.

Try more than one search when names have changed or cases use different terms. You can also search a citation if you already have one. Keep a note of the exact terms that found useful results.

Read a case record with care

A case record often gives the case name, citation, court, and decision date. These details help you tell similar cases apart. They also help you cite the right judgment in later research.

Read the judgment itself, not only a search snippet or brief summary. The judge's reasons explain how the court reached its decision. A short extract may leave out key facts or limits on the ruling.

Consider whether the decision binds the court relevant to your matter. A higher court can set rules that lower courts in the same system must follow. A decision from another jurisdiction may help, but may not bind that court.

Look for later cases that discuss or distinguish the judgment. AustLII may not show every later reference. For work with serious consequences, check a trusted case citator or speak with a lawyer.

• Note the full case name and citation.
• Confirm the court and decision date.
• Read the reasons, not just a summary.
• Check whether later cases discuss the decision.

A judgment can remain online after a later court questions or limits it. Its presence does not prove it remains good law. Check its current status before relying on it.

Pay attention to the facts that shaped the court's decision. A ruling may turn on a detail that differs from your situation. Read the relevant part of the judgment before treating one sentence as a broad rule.

Check whether legislation is current

Legislation can change after it becomes law. An online copy may show an older version or miss a recent amendment. Check the record's date and version details before using a section.

First, identify the jurisdiction. Australian laws can come from the Commonwealth, a state, or a territory. Similar titles can hide different rules, so check the full name and source.

Then compare the text with the official source. For Commonwealth laws, use the Federal Register of Legislation. For state and territory laws, use the relevant government legislation site. Match the title, section number, and version date.

Keep a note of the version you checked. This matters when researching an event from the past. The law in force then may differ from today's text.

• Confirm the law's jurisdiction and full title.
• Check the version date and amendment history.
• Compare the section with the official register.
• Match the law's start date to the events you are researching.

Check commencement dates as well as amendment dates. A law or change may take effect on a date later than its passage. If the legal effect or date remains unclear, ask a qualified lawyer to check it.

Keep a clear record of your research

Save enough detail to find each source again. For a case, note its full name, citation, court, and date. For legislation, note the jurisdiction, Act title, section, and version date.

Record the search terms and collection that led you to the source. This helps when you need to repeat a search or explain how you found a result. Keep copies only where you are allowed to do so.

Separate what the source says from your own notes. Mark any point that needs a later case check or a current law check. This makes gaps easier to spot.

• Write down the exact source details.
• Record the version or decision date.
• Keep research notes separate from the source text.
• Ask a lawyer when the issue has serious legal effects.

AustLII can help you find legal material, but it cannot replace legal advice. Check primary sources and current status before relying on a rule. For decisions that affect your rights, seek advice from a qualified lawyer.