Finding cases or court decisions
This page provides directions to free online sources for finding cases and court decisions. It explains:
What is ‘Case Law’?
Case law is law derived from judges' decisions in court.
A judge hears and determines legal disputes brought before the court. The judge's final decision represents the 'solution' to that question of law. Future disputes about the same (or a similar) legal problem that are heard in court will be determined with reference to this case. This is the concept of judicial 'precedent'.
Case law changes, often subtly, as new cases are decided. Sometimes a judge will determine a legal dispute differently to how a previous judge has - that is, they decide not to follow the precedent. Instead the judge will make a different decision, which represents a new solution to that legal problem. The judge's new solution then becomes case law too.
In this way, case law can develop as community views on an issue change.
How to find case law by subject or issue
AustLII is a useful resource for searching for case law on a particular topic. Searching the AustLII website enables you to search all of AustLII's case law databases for your keywords and also allows you to search over different jurisdictions.
AustLII has a subject index on Australian areas of law from Aboriginal & Torres Strait Islanders to workers' compensation. While this subject index does not provide direct links to cases, it may provide you with some useful background information on your topic of interest.
How to read a case citation
Case citations are a way of identifying judgments made (by judges) in a case. They contain key information about the case, so it can be located easily - once you understand what all the bits mean!
Unreported cases
When court first delivers a judgment, it is referred to as an "unreported" case. Unreported judgments are widely available through AustLII or the relevant court and tribunal website. For very recent cases, it is often only the unreported judgment that is available.
Example:
Reported cases
Significant cases handed down in Australia are 'reported' or published in law reports. Each set of law reports has its own abbreviation. Reported cases have useful 'headnotes' at the start of the decision, summarising the facts of the case and the reasons for the court's decision.
Example:
What areas of law does a particular court / tribunal deal with?
Most Australian courts and tribunals have their own webpages. These provide details about the types of cases that they hear, provide links to judgments and other relevant material such as forms or factsheets.
If you would like more information about a particular court or tribunal, you can either look at:
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This website provides links to the webpages of Australian courts and tribunals. Links are organised by jurisdiction.
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AustLII has previous decisions from nearly all Australian courts and tribunals. Looking at these will give you an idea of the types of decisions the court or tribunal you are interested in deals with. Select the appropriate jurisdiction from AustLII’s front page.