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Academic Writing and Research in Law

• UTS Guide to Writing in Law A highly recommended helpful and comprehensive guide to writing law papers.
• Monash University Guide to Writing in Law Law writing guide with helpful Q&A's and tips for planning out case argumentation.
• University of Queensland Legal Research Essentials Introduction to Legal Research by The University of Queensland, Australia

Other Help:

• Quoting, Paraphrasing, Summarising The basic differences in how to writes quotes, how to write paraphrases, and how to write summaries of the sources you find.

Basic Rules

Academic and professional legal writing requires you to develop an argument and demonstrate relationships between the ideas you are expressing. 

Therefore, the ability to express yourself clearly and accurately is important.  Here you will find information to help you improve your writing for any purpose in your law degree.

Academic writing in law is:

Academic writing in law does not:   

Steps to Writing a Law Essay

Throughout your law degree, you will be expected to write a range of different texts, including research essays, responses to problem questions, and case notes.

Not matter the type of text you are asked to produce for an assignment, make sure you follow these steps:

• Plan :  read the questions carefully and think about how you will answer it
• Research :  read, read and read! Make use of everything available to you - don't forget the library!
• Make thorough notes : include all important (and relevant) details and quotes and take note of the source. Make sure you organise your notes so as to make the writing task easier
• Write the first draft :  before you start writing your first draft, refer back to your initial plan and make any necessary changes now you have done your research and gathered your notes. 
• Review and edit :  remember to proofread your work!

The IRAC Method

IRAC is an acronym that stands for: Issue, Rule, Application, and Conclusion. It functions as a methodology for legal analysis and is used as a framework for organising your answer to an essay question in law school.

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In legal writing, issues are the core of the essay.

This part of the essay should:

• Identify and state the issue
• Name those involved (plaintiff and defendant) and briefly describe their individual issues
• Work out what body of law may govern the resolution of the issue (e.g. Contract Law)

The rule describes which law applies to the issue. The rule should be stated as a general principle, and not a conclusion to the particular case being briefed.

• Outline the legal principles that will be used to address to the issue
• Source legal principles from cases and legislation

The application is the most important and longest part of your answer. It involves applying the Rule to the facts of the issue and demonstrating how those facts do or do not meet the requirements laid down by the rules. Discuss both sides of the case when possible.

• Explain why the plaintiff's claims are or are not justified
• Identify how the law will be used by the plaintiff and defendant to argue their case
• Use relevant cases and legal principles to support your writing
• Do not try to strengthen your argument by leaving out elements or facts that will hurt it

As with all essays, the conclusion is a statement that identifies your answer to the issue.

• Identify what the result of your argument ir, or what it should be
• State who is liable for what and to what extent
• Consider how the plaintiff and defendant could have acted to avoid this legal issue

Useful Links:

• UWA IRAC Guide This guide from the University of Western Australia offers examples of how the IRAC method can be applied to different cases.
• Law School Survival: The IRAC Method A useful site that presents a detailed outline of the IRAC method as well as skeleton outlines.

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Writing in Law

Like writing in other disciplines, all academic writing in Law courses should be clearly structured, persuasive, and take a position. Despite these similarities, legal writing emphasises accessibility and precision when communicating ideas and interpretation of a case or topic. This is largely due to its practical application in the legal profession.  

Being able to write persuasively and concisely are fundamental skills required of legal practitioners, so developing these communication skills at an early stage is crucial. Even if you do not go into a legal career, these written skills will be useful in other professional areas of employment, such as the public service.

Legal academic writing has its own conventions and standards that will be explored in the following topics. You will find useful strategies you can use to help refine, structure and present your position in some of the most common forms of law assessment

Using HIRAC

Most legal reasoning follows a particular convention: HIRAC. HIRAC provides a statement of the issue or concern (Issue); an explanation of the legal rules that are applicable to the issue (Rule); an application of the rule to a client's facts (Application); and a conclusion that summarises the explanation and application provided (Conclusion). HIRAC is useful as a way of organising and structuring a response to a problem question.

Typically, HIRAC is used to test your ability to analyse facts in a legal case and to apply the law to the facts to see what the possible outcome might be. They also test your ability to identify relevant legal issue(s) and to evaluate competing legal precedents. Whatever the legal problem is, a clear argument or position is required to be taken. This argument should use primary sources (legislation and cases) to persuade its audience and successfully address counterarguments relevant to each legal issue. 

How to structure a HIRAC response?

What follows is a general guide for using HIRAC. HIRAC is generally understood to be a flexible framework which can be used in multiple contexts. As you practice using HIRAC during your degree, it is important to develop a fluid framework that suits you.

It should be noted that HIRAC should not be used too rigidly, but it does provide a useful way to structure a response to a legal question. When you write an assessment using HIRAC, remember that some lecturers will prefer you to follow the method carefully while others won't be as rigid. You will need to clarify your expectations with them.  

Identify the legal issue and summarise it in your heading. This is usually phrased as a short question that encompasses the legal issue.  

Identify the issues that are central to the case. This can be done briefly. Ask yourself what legal question(s) the facts raise. When writing down the issue(s) you should think about questions a judge might be asked to answer. Be aware there might several issues raised. If more than one issue needs to be analysed, the following sections might need to be repeated several times. For example, HIRAC 1, HIRAC 2, HIRAC3, etc, then an overall conclusion.

Identify the law or legal principle relevant to the issue. This should consist of a brief statement of the legal principles to be applied as a way of signposting your analysis in the next section. A citation for each rule should be included. This is done by referring to a primary source of law (legislation or a case). The rule will generally need to be broken down into its component parts and stated accurately to avoid misinterpretation.

Application

Apply the law to the facts. This is the main part of your answer. This is where you match each element of the legal rule(s) you have identified in the previous section with fact. You need to consider arguments on both sides. Are the facts of your case similar to a previous case or can they be distinguished? You need to make an argument here and support that argument by reference to the law. If the law is unclear on a particular set of facts, you are expected to engage in a detailed hypothetical discussion about how the courts are likely to respond to this ambiguous area of the law. Unlike a traditional essay, your main points or conclusions should be stated at the end of each paragraph of your application.

Based on your analysis in the previous section, state a conclusion as to the most likely outcome. This is where you summarise the points of your argument and suggest an answer to the question presented as the heading. You should make a clear statement about what you think is the strongest outcome is likely to be.

Sample HIRACs

Here is a sample of a HIRAC response, focusing on one issue. Note how it addresses the issue concisely. It provides the relevant rule, with references,  and applies that rule to the scenario in question. The conclusion is a concise final sentence. 

Mitomi v Trinity Beach Life-Saving Club Inc.

Duty of care.

Mitomi must establish the Club's personal liability by proving that it owed a duty of care. The defendant will owe a duty when their actions or omissions lead to a reasonably foreseeable risk of inury to a foreseeable plaintiff or class of plaintiffs. [1] Reasonable foreseeability is that which is 'not far-fetched or fanciful'. [2] The vulnerability [3] and special characteristics of the plaintiff [4] are also relevant to duty.

In taking responsibility for the safety of the beach it is reasonably foreseeable that the Club's omission to provide a universally recognisable warning sign led to a risk of injury to a class of plaintiffs of which Mitomi is one. It is foreseeable that a tourist not understanding the sign would swim in the enclosure. Mitomi is a foreseeable plaintiff as tourists frequently visit the area. Mitomi's vulnerability is increased because she cannot read English, the club owes a duty to all foreseeable plaintiffs not just English speaking plaintiffs. Therefore, a duty of care is likely to be found.

[1] Donoghue v Stevenson [1932] AC 562.

[2] Wyong Shire Council v Shirt (1980) 146 CLR 40 at 47 per Mason J.

[3] Sullivan v Moody; Thompson v Connon [2001] HCA 59.

[4] Haley v London Electricity Board [1965] AC 778.

Here is another sample HIRAC addressing the same scenario. Again, note how it concisely and clearly analyses one issue, follows the steps of heading, rule, issue, application and conclusion. 

Mitomi v Trinity Beach Life-Saving Club Inc. ("the Club") 

[1] [1932] AC 562 at 580.

[2] (1993) 177 CLR 423.

[3] Nos CA 40737/93 and CL 1275/91. 

Essay writing in Law

The purpose of a legal essay is to advance or persuade your reader of a particular understanding, interpretation, or application of law. In order to do this, legal essay writing needs to be simple, compelling, and well-constructed. Unlike a paper that utilises HIRAC, a law essay involves detailed analysis and discussion of the law in a more abstract setting. When writing a legal essay, you are required to take up a position in response to a question. But how is this different from essays you write in other disciplines? The following information provides some suggestions about the specifics of writing a legal essay.

What distinguishes a law essay from an essay written in another discipline?

Like essays written in other disciplines, legal essays require a central argument, based on logical reasoning and critical analysis of evidence. They should have a clear structure with a strong introduction and conclusion. As Baron and Corbin (2016, p. 26) note, even though legal writing is perceived to be portrayed as logical, highly structured and formal, composition of law essays is much as the same as any other essay writing.

"The manipulation and use of language are at the heart of the common law legal tradition" (Webley 2013, p. ix).

There several features that, in one way or another, distinguish legal essays from essays written in other disciplines. Probably the most crucial difference is the use and control of language. Law essays should be written clearly, concisely and with precision. For example, a lot of emphasis is placed on the use of simple English. This is because much of the subject matter is complex and needs to be communicated clearly to a specific audience. Words should be chosen carefully and the use of clichés should be avoided. The following table summarises some of the other similarities and differences:

The best way to become familiar with the expectations of a good legal research essay is to read some articles in legal journals, taking note of style, tone and citation.

Is your essay writing clear and concise?

Clarity has been described as the most basic and paramount goal of legal writing (Baron & Corbin 2016, p. 70). Not only must your reader be able to understand the contents of your essay, they must be able to easily identify your position and follow your logic. In other words, you need to ensure that your writing makes its point efficiently and with an appropriate level of detail so as not to waste the time of your reader.

When it comes to the editing stage of your writing process, you should ask yourself the following questions:

• What information does the reader need?
• Is the work organised clearly so that the reader can find the information they need easily, and understand the points made?
• Is the language used clear and appropriate for the audience?

Like an essay written in the humanities or social sciences, it's important to make sure you take a clear position and have a clear thesis statement and signposting in the introduction (macro level). It is also important to make sure that your headings and topic sentences accurately reflects the sequence of the ideas presented in your signposting (micro level). Have you used clear and descriptive headings and subheadings? Are paragraphs and sentences connected smoothly? Do paragraphs build on each other or introduce new topics? Do your topic and concluding sentences reflect such transition?

For more information about essay argument and structure, see our page on essay writing .

Baron and Corbin (ref) recommend the following tips for achieving clarity:

• Use ordinary words and simple sentence structures. Avoid legalese (the use of Latin words; overcomplicated sentences; legal jargon) and keep sentences to no more than 22 words, although this should not be adhered to rigidly.
• Vary sentence structures, vocabulary and sentence length. This creates a more natural flow that helps maintain the reader's interest. Vary sentence length to create a rhythm and interest in your writing.
• Develop your own voice. The aim of good legal writing is to develop an authentic professional voice, one that has character and individuality. This is something that helps to engage the reader. Achieve this by using an active voice.
• Pay attention to tone. Tone, according to Baron and Corbin (p. 74), is the expression of the writer's attitude towards the subject, audience, and self. In legal writing, the tone should be clear, concise, confident and courteous. While legal writing must be sophisticated, it should not be pretentious, and while courteous, should not be overly familiar or informal.
• Presentation matters. Good presentation of your written work can make reading easier and more engaging for your reader. Things to consider include text alignment, use of headings, spacing, and fonts. Information regarding formatting can be found in the AGLC. Make sure you proof read your work, paying attention to matters of style, presentation, and citation.

Making summaries

Summaries are an important tool when studying law because they enable an efficient and effective way of preparing for assessment items and exams. They can be used to help you identify what you know and what you don't know. Creating clear and well-structured summaries saves time and helps you produce neat, tight arguments backed up by relevant cases in your answers. Your examiners will appreciate this.

It is essential for you to put in the effort to produce your own summaries. Don't rely on the summaries prepared by others. These summaries may be useful to you, but will normally only be a useful supplement to your own studies. You have to spend time reflecting and pulling apart what you have been taught and building it up into a framework that you can use to complete your assessments.

Different summaries will work for different people. Find what works best for you!

There is no one way to write a summary. When you are summarising, you are collating information from lecture notes, tutorial notes, cases you have read and the textbook reading you have done. In some courses, you will be provided with reading lists. You can use these lists as a way of organise or planning your summaries. Reading lists are typically based on topics you will cover in lectures and cases relevant to these topics.

You should aim to write you summary twice. The first summary should be like the rough draft of an essay. At this stage you are gathering ideas, listing key concepts and principles, using headings to structure your notes, and potentially useful flowcharts. You should aim to do this at least 6 weeks or so before the exam. This will ensure that you:

• Give yourself plenty of time to revise;
• Know that, if there is an emergency, you will have something prepared;
• Force yourself to consider ideas more than once and refine what you have;
• Begin working on the overall conceptual framework of the subject.

Make sure you practice using your summary before the exam. One of the other good ways of preparing for an exam is to do past exams. You don't need to wait until you have completely finished your summary before trying some practice questions. As you work through the exam questions you may be able to add to your summary.

For information about preparing for exams, see our page on exam preparation .

What makes a good summary?

• A good summary is typed and clearly formatted. Organisation is key. You need to be able to glance at each page in order to find what you are looking for. If each page is well set out you can read to the point instead of around it.
• They use bullet points and avoid using full sentences. This makes finding information in an exam easier. Write in a way that makes sense to you.  
• They contain information to help you locate the original source. Provide full references, including case names and page numbers, where necessary. The additional effort required is well worthwhile since it can be used later.
• They make good use of the abbreviations and key phrases. Abbreviations are excellent shorthand because they save a great deal of time and writing space. Develop your own system and use them consistently when making notes.
• They use visual aids, colour, and highlighting effectively. Flow charts, diagrams and other visual aids, such as tables, can help you understand a concept or case. A summary which makes good use of colour is easier to read and use. Decide what is right for you and use it consistently.

Preparing case notes

A case note is similar to a summary in that both require you to summarise information that will be useful when it comes to completing an assessment or preparing for an exam. The differences between a case note and a summary is the breadth of subject matter covered and the fact that a case note requires taking a position and evaluating the value of a particular case. In terms of breadth, a case note should focus on a single case, while a summary address a wider area of the law, focusing on a collection of issues, cases, and legislation. A case note can be included as part of a summary.  

Case notes are a common method of assessment in law subjects because they are typically short and useful when constructing legal arguments. The purpose of legal case notes is to summarise and synthesise "the pertinent parts" of a legal judgment, including the facts, issue(s), and reasoning that went into court's decision making process (Corbett-Jarvis & Grigg 2017, p. 148). What they require you to do is thoroughly familiarise yourself with a notable court decision or statute and its legal context. This generally means examining the relationship between the decision and the existing case and/or statutory law, discussing important issues, cases, and legislation within that area.

Case notes tend to focus on important changes or interpretations of the law in certain cases. This is what makes them notable in some sense. When writing a case note, you should ask yourself what makes this case significant in the context of your course:

• Does it represent a significant departure from precedent?
• Does it represent a significant area of concern?
• Does it represent a first of its kind?
• Does it represent an abandonment of logical reasoning?
• Does it represent a precedent with long lasting effects?

A case note requires you to take a position (make an argument) and critically analyse the significance of the case in question. As Baron and Corbin (2016, p. 91) write, "[b]y articulating and arranging the information contained in cases... the writer can influence or persuade others to think in a more detailed way about the legal reasoning process". 

How can I structure my case notes?

When writing a case note, the emphasis should be on being as clear and concise as possible. There is no definitive structure for a case note, but the following provides a flexible guideline of the common features. As a general rule, HIRAC should be used to compile and organise case notes.

Introduction

You should begin by briefly introducing the area of law, the legal issue(s), and what was decided. Indicate your line of argument: was this a significant decision? Does the decision create legal precedent, or uphold legal precedent? Explain the significance of the case, which should also indicate the organisation (or signposting) of the case note.

Identify the important, relevant facts of the case and, if appropriate, its background. This section will generally be more descriptive rather than analytical since you are just identifying the parties to the case (e.g. buyer, seller, employer, employee), procedurally significant facts, and the arguments that were put forward on behalf of both parties. Significant conflicting evidence should also be briefly noted. Keep it as short as possible.

In this section, you should provide the reader with an outline of the court's holding (i.e. the court's decision) on each relevant issue, as well as the court's reasoning. What is the legal rule essential to the decision in this case? Were comments made by the judge that are not directly related to the decision in this case, but may be important to issues raised in other cases? Reasoning is the way in which the court applied the rules/legal principles to the particular facts in the case to reach its decision. Indicate whether there was dissenting judgement and what reasons were provided for dissent. In closing this section, relate the selected case to the prior law to illustrate how, if at all, the selected case affects prior law.

This is the most significant section of your case note: this is where you demonstrate your critical analysis and evaluation of the case in your own words. In other words, this is you provide your argument. Start by stating the existing and the major developments both supporting and opposing the decision of the court. Then critically analyse the court's reasoning and decision. The analysis should be presented logically and be signposted accordingly. If appropriate, attempt to predict the impact the case will have on future decisions. Address any ambiguous statements made by the court, and questions the court left unanswered. This section affords you the opportunity to demonstrate legal skill and prowess by dissecting the case and raising important issues involved.

These are useful questions to use when it comes to writing your analysis:

• Was the court's decision appropriate and persuasive? Was the court's decision influenced by policy issue or particular values?
• Does this decision change/conform with existing law? Was the reasoning consistent with previous reasoning in similar cases? Is it likely that the decision will significantly influence existing law?
• Did the court adequately justify its reasoning? Was its interpretation of the law appropriate? Was the reasoning logical/consistent? Did the court consider all/omit some issues and arguments? And, if there was omission, does this weaken the merit of the decision?
• What are the policy implications of the decision? Are there alternative approaches which could lead to more appropriate public policy in this area?

Your conclusion should summarise the main points of your analysis and reiterate the significance of the case. If your finding is that the decision creates legal precedent, or conversely, upholds legal precedent, what does that mean? What are the wider implications of this case? The length of the conclusion depends on the argument being made. If you reach the legal conclusion in a previous section, a brief summary is sufficient.

Reference List

Baron, Paula, and Lillian Corbin. Legal Writing: Academic and Professional Communication . South Melbourne, Vic: Oxford University Press, 2016.

Campbell, Enid, Richard Fox, Melissa de Zwart. Students' Guide to Legal Writing, Law Exams and Self Assessment , 3 rd Ed. Annandale, NSW: Federation Press, 2010.

Corbett-Jarvis, Nichola, and Brendan Grigg. Effective Legal Writing: A Practical Guide , 2 nd Ed. Chatswood, NSW: LexisNexis Butterworths, 2016.

Macken, Claire. Law student survival guide: 9 steps to law study success, 2 nd Ed. Rozelle, NSW: Thomson Reuters (Professional) Australia Limited, 2010.

Webley, Lisa. Legal Writing , 3 rd Ed. London; New York: Routledge, 2013.

Other assessments

Annotated bibliography

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Writing in Psychology

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Law: Legal Writing (IRAC Essay / Memo / Thesis)

Legal writing - irac essays.

Use IRAC to identify:

• Issue(s):  What happened? Who did it happen to? Where did it happen? What is the area of law? 
• Rules:  Identify relevant case law and legislation, focusing on legal principles
• Application:  Apply the law to the facts and develop legal arguments
• Conclusion:  Stand back and play 'judge', choose the argument that you think is strongest and justify why
• IRAC Guide - The University of Western Australia has developed a useful guide to help you apply the IRAC method when working through a hypothetical legal problem.

Yin, K., & Moore, J. (2020). Neuroplasticity, belief bias and IRAC: Old pedagogy but brand-new tools for first-year legal education?   Journal of the Australasian Law Teachers Association .

• Academic Writing - Assignment steps
• Academic Integrity at ECU - Why reference?
• Writing a legal argument (RMIT University)
• Avoiding plagiarism when conducting legal research  - Tip sheet from University of Queensland

Legal Writing - Memos

• Law research and writing skills: Writing legal memos A useful guide from Monash University.  
• Legal Memos Made Easy An interactive tutorial from University of Ottawa

Legal Writing - Statements of Claim

• Aitken, James K and Peter Butt,  Piesse: The Elements of Drafting  (Thomson Reuters (Professional) Australia, 10th ed, 2004)   ( https://ebookcentral.proquest.com/lib/ecu/detail.action?docID=4985570 )  
• Rose, William M and Roger Eastman (editor),  Pleadings Without Tears : A Guide to Legal Drafting Under the Civil Procedure Rules  (Oxford University Press, 9th ed, 2017)   ( https://ebookcentral.proquest.com/lib/ecu/detail.action?docID=5891827 )  
• Corbett-Jarvis, Nicola and Brendan Grigg,  Effective Legal Writing: A Practical Approach  (LexisNexis Butterworths, 3rd ed, 2020)  Chapter 6   ( https://ebookcentral.proquest.com/lib/ecu/reader.action?docID=6463842&ppg=195 )  
• Hyams, Ross, Susan Campbell and Adrian Evans,  Practical Legal Skills : Developing your Clinical Technique  (chapter on Advocacy )   ( https://ebookcentral.proquest.com/lib/ecu/detail.action?docID=4191361 )  
• Susan Blake,  A Practical Approach to Effective Litigation  (Oxford University Press, 8th ed, 2015)  (in print in Joondalup Law Library –  Chapter 12: Drafting Statements of Case )

Legal Writing - Developing a Legal Research Topic

• Selecting and Developing a Legal Research Topic A useful guide from the University of Melbourne, to assist students who are writing a legal research paper and need help selecting a topic and developing a thesis.
• Law research and writing skills: Graduate research A useful guide from Monash University.
• Reflections on Writing a Legal Research Thesis Nick (Survive Law, 25 September 2012) https://www.survivelaw.com/post/967-reflections-on-writing-a-legal-research-thesis

eBooks / Books - Legal Writing

Laying Down the Law

Robin Creyke, David Hamer, Patrick O'Mara, Belinda Smith and Tristan Taylor LexisNexis Butterworths, 11 th ed, 2020) [ebook]

Legal Problem Solving and Syllogistic Analysis: A Guide for Foundation Law Students

Yin, Kenneth & Anibeth Desierto (LexisNexis Butterworths, 2016) [ebook]

Effective Legal Writing: A Practical Guide

Corbett-Jarvis, N and B Grigg  (LexisNexis Butterworths, 3rd ed, 2020) [ebook]

Clear and Precise: Writing Skills for Today's Lawyer

MacDonald, Ros and D Clark-Dickson (Thomson Reuters, 3rd ed, 2010) [ebook]

Legal Writing

Webley, Lisa (Routledge, 4th ed, 2016) [ebook]

Legal Writing: Process, Analysis and Organization

Edwards, Linda H (Wolters Kluwer, 6th ed, 2014) [print] Shelf location:  808.06634 EDW ​

Plain Language for Lawyers

Asprey, Michle (Federation Press, 4th ed, 2010) [ebook] Shelf location: 808.06634 ASP [print]

Practical Legal Skills: Developing Your Clinical Technique.

Hyams, Ross, Susan Campbell, & Adrian Evans (Oxford University Press, 4th ed, 2014) [ebook]

Students' Guide to Legal Writing, Law Exams and Self Assessment

Campbell, Enid, Richard Fox and Melissa De Zwart (Federation Press, 3rd ed, 2010) [ebook]

Fowler's Dictionary of Modern English Usage

Fowler, HW, & J Butterworth (Ed.) (Oxford University Press, 4th ed, 2015) [ebook]

Dictionaries / Encyclopedias - Legal

• Australian Legal Words and Phrases (via Lexis+) Publication Date: Continually Updated Resource
• Encyclopaedic Australian Legal Dictionary (via Lexis+) Publication Date: Continually Updated Resource

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Self Paced Lesson - Australian Law - Subject Guide: Legal Citation

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• Self Test Question

Attribute all words, ideas, concepts, cases, legislation, articles, etc. every time they are mentioned in your assignment.

Every item you consult to inform yourself about a topic, and subsequently use in your university essays, assignments, etc., must be referenced or cited.

Your writing should be littered with references!

This shows your degree of research.

If you don't have at least four footnotes per page, you have not properly referenced your sources.

This is different to your bibliography, which will only have the list of sources once 

e.g. the Engineers' Case may occur in footnotes 10 times, but will only be listed in the Bibliography once.

AGLC Rule 1.1.1  When to Footnote

Footnotes should be used to:

• provide authority for a proposition
• acknowledge a source relevant to an argument
• provide information that enables the retrieval of relevant sources and quotations that appear in the text

Check the General Rules to see when, where and how to reference using footnotes according to the Australian Guide to Legal Citation (AGLC)

AGLC Rule 1.1.2  The Position of Footnote Numbers

Footnote numbers should appear after the punctuation at the end of a sentence.

However, footnote numbers may appear directly after the relevant text (after any punctuation except  em-dashes ) if this is necessary for the sake of clarity.

In Text Referencing Using Footnotes

Pinpoint references

Footnotes should include the exact page, paragraph, or section number the quotation has bee copied from.

To source page numbers, open the document as a PDF version.

Reference List

Reference List Headings

Legal materials must be first grouped by type, then arranged alphabetically within each heading

Headings must comply with this formatting:

Every item you consult to inform yourself about a topic, and is used in your university essays, assignments, etc., must be referenced or cited.

The   Australian Guide to Legal Citation   (AGLC) sets ot the rules for referencing different types of materials.

The  Legal Citation Lesson  will explain how to cite:

• Encyclopaedia articles
• Journal articles

Other legal research materials are also included in the lesson, so be selective about what you learn for this Unit.

Murdoch's  AGLC Referencing Guide  clearly sets out the rules and gives citation examples.

Use the Research Strategy Template to record sources so that they comply with Australian Guide to Legal Citation ( AGLC ) rules at the time of use.

Include a pinpoint reference for every quote (even if it will be paraphrased in your writing).

Then, when you are writing your assignment, inserting references and compiling a Reference List are just a matter of copying from the Research Strategy Template.

The format of legislation citation is:

Competition and Consumer Act 2010 (Cth)

Note that the year the Act became law is always included in the title of the legislation.

This does not change, no matter how often the original Act has been amended.

The jurisdiction is always designated (within brackets) after the title.

Example citations

1   Australian Constitution 

2   Australian Constitution  s 51(ii).

3   Dividing Fences Act 1961 (WA) 

AGLC  Citation Rules for Statutes

The format of a case citation for a reported series is:

Parties' names + year + volume (if any) + series abbreviation + starting page number + pinpoint reference.

This citation tells me that, to find this case from 2005, I should select volume 221 of the Commonwealth Law Reports , and turn to page 496, as this is the start page for the case State Revenue v Dick Smith Electronics .

I should turn to page 509 to find the specific sentence/s referenced in the writing.

Tip : imagine printed court reports

Square brackets

– the year is the volume number

Amalgamated Society of Engineers v Adelaide Steamship Co Ltd [1920] HCA 54

Round brackets

– the volume is numbered in order of publication, with the year given as secondary or helpful information

Amalgamated Society of Engineers v Adelaide Steamship Co Ltd   (1920) 28 CLR 129

Parallel Citations

Court reporting is a business. Different publishers publish different court reporting series, each with their area of specialty and emphasis. These are called parallel citations. Parallel citations are listed in order of authority – most authoritative first.

For consistency in legal writing and court cases, the authorised reporting series is always sourced and quoted. List of Authorised Reporting Series

Court reporting is similar to how there are versions of news reports of an event on the television news – Seven Network, Nine Network, Network 10, ABC, SBS. Compare commercial stations’ coverage (sensationalising and emphasis) to ABC and SBS coverage. Consider the authorised version of a case as impartial and balanced (like ABC or SBS).

Unauthorised reports:

Produced more quickly

Satisfy needs of specialist practitioners

Authorised reports:

Given official approval by judiciary or government

Only one reporting series in each jurisdiction is designated as authorised

Always cite an authorised report rather than an unauthorised report ( AGLC rule 2.2.2)

Example of Parallel Citations

Example of Different reporting series 

Examples of two versions of the same case reported in different court reporting series

Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (Engineers' case)

Publisher: Westlaw                          |     Publisher: Wilson and MacKinnon

Commonwealth Law Reports           |    Argus Law Reports

Authorised Reporting Series            |    Unauthorised Court Reporting Series

All available versions of a case are given as parallel citations in textbooks and databases, as not everyone has access to the authorised version.

This ensures that access can be given to a case, regardless of the version.

As a Murdoch University student, you have access to the authorised version – so no excuse for citing an unauthorised version.

Always source the authorised version of a case.

Amalgamated Society of Engineers v Adelaide Steamship Co Ltd [1920] HCA 54, (1920) 28 CLR 129 , 26 ALR 337, R & McG 439

Reference includes only the authorised citation (or the version you have sourced):

Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920) 28 CLR 129

AGLC Citation Rules for Reported Cases

  The way an article is cited is determined by use:

• in a footnote ( AGLC  rule 5.1);
• or in a bibliography ( AGLC  rule 1.13).

These notes are not exhaustive. Please see AGLC  Part 3 (particularly rules 5.1- 5.8) for details of citing journal articles.

Journal Articles from Online Journals

Articles sourced online should be cited in the same manner as articles in printed journals.

If the journal does not have a volume number, issue number, or starting page number, use the article number or some other identifier instead of the starting page number.

If the article appears as a PDF, give the page range* as the number of pages contained in the PDF. * Use an en-dash to indicate a span between two numbers ( How to insert an En dash or Em dash in Microsoft Word ). 

Author(s), + 'article title' + (Year) + volume(issue) number details + journal title + page number +, pinpoint reference.   

Bibliography:

Author(s), + 'article title' + (Year) + volume(issue) number details + journal title + page number/range + <URL>  

  As with a book, if there is more than one author of an article, only the first author’s name and surname should be inverted ( AGLC  rule 1.13).

The URL should be cited after the page number or pinpoint reference, but the date of retrieval should not be included ( AGLC  rule 4.4). 

These notes are not exhaustive.  Please see AGLC  rule 5.10 for the requirements for citing articles published in electronic journals.

Reference list

• only those sources quoted or paraphrased

Bibliography

• list of all sources consulted during research to become informed on the writing topic – not just those referenced

Reference List/Bibliography Headings

Regardless of whether you have been told to create a reference list or bibliography, the heading for sources at the end of your paper it always titled B IBLIOGRAPHY .

If you do not have material to enter below a heading, then omit that heading.

Direct quotes

• copy the words exactly from the source
• quotations of 3 lines or less should be incorporated into the text using single quotation marks
• legislative and treaty extracts, however long, may also appear this way
• quotations should appear exactly as they do in the original source
• MUST be referenced in a footnote, with pinpoint (page or paragraph or section or clause number)
• retell in your own words
• MUST also be referenced in a footnote

Rule 1.4.1  Subsequent References General Rule

The first citation of a source should appear in full (rule 1.1.1).

When citing a previously cited source, a shortened form of the citation may be provided with a cross-reference in parentheses to the footnote number in which the citation may be found in full.

Example   48   Catharine MacMillan,  Mistakes in Contract Law  (Hart Publishing, 2010) 9.    ...  50   MacMillan (n 48) 41.

Rule 1.4.3   Ibid

Use ibid to refer to a source in the immediately preceding footnote, including any pinpoints, where that source was the only source mentioned, whether or not the source was cited in full.

Ibid should be capitalised if it appears at the start of a footnote.

When using ibid with pinpoint references:

• if the pinpoint is the same as the above footnote, ibid is all that is required
• if the pinpoint differs, use ibid followed by the new pinpoint. There is no punctuation between ibid and the pinpoint.
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LWS199                                                                                                                AGLC Sample Essay S123456                                                                                                                   Name, Student Number, Assignment Number, Unit code and title. Check your assignment instructions for specific information of what is require for each unit.">Student McStudent

 AGLC Sample Essay

Australian law students and plagiarism.

STUDENT MCSTUDENT

A Introduction

It is important for all law students to understand plagiarism during their time at law school. At university the lack of understanding about what constitutes plagiarism could affect a student’s academic record and may even prevent graduates from being admitted to practice law. This essay will explore the definition of plagiarism and consequences of committing plagiarism in the context of Australian law students.

B What is Plagiarism?

Plagiarism is taking another person’s ideas and passing them off as your own. 1 In legal writing it is vital to support your legal arguments with evidence. This material must then be acknowledged through correct referencing. 2

Plagiarism can be intentional or unintentional. Intentional plagiarism may include a student paying another to complete their work or reuse another’s work without acknowledgment among other ways. 3 Unintentional plagiarism can occur when a student lacks the proper knowledge of the rules of correct citation, or is careless with academic skills, such as poor note taking. 4 It is therefore imperative that students are aware that both intentional and unintentional plagiarism have serious consequences academically and professionally.  

C Academic Integrity at University

Avoiding plagiarism is important to developing academic integrity. Academic integrity is the ‘uprightness and honesty in the pursuit of scholarly activity’ . 5 At Charles Darwin University ( ‘CDU’ ) there are very specific guidelines. If students breach academic integrity there are some very serious consequences: students could receive a zero mark for their work; students could receive a fail grade for a whole unit; students could be excluded from the university for 12 months; students could be expelled from the university; and any degree or award could be rescinded. 6 Many students feel pressure to achieve good academic results, however, the consequences of plagiarism far outweigh the benefits of a higher or passing grade. 7

An interesting article from Steel goes further. 8 Steel states that contract cheating, whereby student pays another to complete their assignment, could lead to serious criminal charges. 9 Not only can there be serious consequences for undertaking plagiarism, it is getting easier to detect. Universities continue to use increasingly sophisticated technology to screen and detect plagiarism, as McClaran explains, ‘academic achievement is a currency and we have to keep the value of that currency sound’. 10   

D Professional Practice and Plagiarism

Academic misconduct, such as plagiarism, must be disclosed when applying for admission to practice law. 11  The Legal Profession Admission Rules 2007 (NT) states in the interests of the

Macquarie Dictionary as per rule 1.9.1 of the AGLC. You can access the online version of the dictionary through the library. "> 1 Macquarie Dictionary (online at 14 February 2019) ‘plagiarism’. 2 Law students at Charles Darwin University should use the Melbourne University Law Review and Melbourne Journal of International Law, Australian Guide to Legal Citation (4th ed, 2018). 3 Robert A Harris, Using Sources Effectively: Strengthening Your Writing and Avoiding Plagiarism (Routledge, 2017), 100. 4 Ibid. 5 Charles Darwin University, Students: Breach of Academic Integrity Procedures (Governance Document, 15 December 2017) < https://www.cdu.edu.au/governance/doclibrary/pro-092.pdf>. 6 Ibid. 7 ‘Complaints, Misconduct, Cheating and Plagiarism in Higher Education’, The Law Report (ABC Radio National, 23 October 2018) <https://www.abc.net.au/radionational/programs/lawreport/2018-10-23/10404890>. 8 Alex Steel, ‘Contract Cheating: Will Students Pay for Serious Criminal Consequences?’ (2017) 42(2) Alternative Law Journal 123. 9 Ibid. 10 Sian Powell, ‘United Front Needed on Cheats’, The Australian (online, 16 May 2018) <http://ezproxy.cdu.edu.au/login?url=https://search.proquest.com/docview/2038823810?OpenUrlRefId=info:xri/sid:primo&accountid=10424>. 11 LexisNexis, Halsbury’s Laws of Australia (online at 20 February 2019) 250 Legal Practitioners, ‘1 Admission and Practice Requirements for Legal Practitioners’ [55].

LWS199                                                                                                                AGLC Sample Essay S123456                                                                                                                  Student McStudent

public, applicants must have the values, knowledge and skills required to practice law competently, which include ethical values such as academic honesty. This principle is repeated across other jurisdictions in Australia. 12

The admission bodies and courts are aware of these problems and have refused admission based on issues of poor referencing, plagiarism and on academic integrity. 13 As noted by the High Court of Australia in Wentworth v NSW Bar Association ‘the right to practice in the courts is such that, on application for admission, the court concerned must ensure, so far as possible, that the public is protected from those who are not properly qualified’; this includes students that failed to understand academic integrity. 14 This can occur both for intentional and unintentional plagiarism. For example, in a recent case in the Northern Territory, a student noted that they were awarded a zero mark for their assignment. This was because the ‘assignment was based on the original Author’s work, incorrect paraphrasing, use of long quotations and failure to use quotation marks’. 15 In the same case Kelly J explained that ‘correct referencing is essential to the ability of courts and academic institutions to test arguments and verify sources… courts must guard against those who do not demonstrate that they can appropriately and honestly reference their sources’. 16 Legal practitioners have even been struck off the roll after being admitted, after evidence of plagiarism, not even committed in their law degree, came to light. 17  

Similarly, no one wants to employ a cheat, a fraudster or a person that cannot competently and ethically do their work. As Harris points out, many people live by the Golden Rule that you should treat people how you would like to be treated. 18 Would you really like to be represented in court by a lawyer who cheated or had such poor academic practices that they failed to understand the fundamentals of academic integrity?

F Conclusion

Law students can avoid plagiarism by undertaking their own research, writing, and using good practices when citing resources. For example, when taking notes during the research process, students should take care to note which parts are copied exactly from the work, which parts are paraphrased, and include enough citation details to cite them correctly using the AGLC.  If students take parts of sentences or paragraphs from another person’s work, students must place them in quotation marks, or explain the main idea in their own words. 19 One useful document that students can use is the Assignment Do’s and Don’ts that give practical examples of how students can avoid plagiarism when they are researching and preparing their assignments. 20  

If students need support or further assistance with developing skills to avoid plagiarism, assistance is provided by CDU. The library can assist students with finding high quality academic information and with using the AGLC correctly, and the Language & Learning Support can assist in developing academic skills.

12 Court Procedures Rules 2006 (ACT); Legal Profession Uniform Admission Rules 2015 (NSW); Supreme Court (Admission) Rules 2015 (QLD); Rules of the Legal Practitioners Education and Admission Council 2018 (SA); Legal Profession (Board of Legal Education) Rules 2010 (TAS); Legal Profession Uniform Admission Rules (VIC); Legal Profession (Admission) Rules 2009 (WA). 13 This includes honesty about your academic record, see Bohani v Legal Practitioners Admission Board [2013] QCA 14, this is where the applicant stated incorrectly that they had graduated with First Class Honours. This student was refused admission. 14 (1992) 176 CLR 239, 51, citing Re B [1981] 2 NSWLR, 380 in relation to readmission and  Incorporated Law Institute of NSW v Meagher (1909) 9 CLR 655, 661. 15 Re Application by Onyeledo [2015] NTSC 60, 1-21. Note that the student was subsequently admitted after completing further academic work in Re Onyeledo (No 2) [2016] NTSC 68. 16 Ibid. 17 Re OG (A Lawyer) (2008) 18 VR 205, [129]. 18 Harris (n 3) 103. 19 Robin Creyke et al, Laying Down the Law (LexisNexis, 10th ed, 2017). 20 Charles Darwin University, Assignment Do’s and Don’ts (Web page, 2017) <https://www.cdu.edu.au/sites/default/files/academic-integrity/docs/checklist-plagiarism-2017.pdf>.

List all the resources that used in your text and footnotes and any other resources you used. ">BIBLIOGRAPHY

A Articles/ Books

If the resource has more than two authors only the first author’s name needs to be inverted.">Creyke, Robin et al, Laying Down the Law (LexisNexis, 10th ed, 2017)

Harris, Robert A, Using Sources Effectively: Strengthening Your Writing and Avoiding Plagiarism (Routledge, 2017)

Melbourne University Law Review and Melbourne Journal of International Law, Australian Guide to Legal Citation (4th ed, 2018)

Powell, Sian ‘United Front Needed on Cheats’, The Australian (online, 16 May 2018) <http://ezproxy.cdu.edu.au/login?url=https://search.proquest.com/docview/2038823810? OpenUrlRefId=info:xri/sid:primo&accountid=10424>

Steel, Alex, ‘Contract Cheating: Will Students Pay for Serious Criminal Consequences?’ (2017) 42(2) Alternative Law Journal 123

Bohani v Legal Practitioners Admission Board [2013] QCA 14

Incorporated Law Institute of NSW v Meagher (1909) 9 CLR 655

Re AJG [2004] QCA 88

Re B [1981] 2 NSWLR

Re OG (A Lawyer) (2008) 18 VR 205

Re Onyeledo (No 2) [2016] NTSC 68

Re Onyeledo [2015] NTSC 60

Wentworth v NSW Bar Association (1992) 176 CLR 239

C Legislation

Australian Constitution

Court Procedures Rules 2006 (ACT)

Legal Profession (Admission) Rules 2009 (WA)

Legal Profession (Board of Legal Education) Rules 2010 (TAS)

Legal Profession Admission Rules 2007 (NT)

Legal Profession Uniform Admission Rules (VIC)

Legal Profession Uniform Admission Rules 2015 (NSW)

Rules of the Legal Practitioners Education and Admission Council 2018 (SA)

Supreme Court (Admission) Rules 2015 (QLD)

‘Complaints, Misconduct, Cheating and Plagiarism in Higher Education’, The Law Report (ABC Radio National, 23 October 2018) <https://www.abc.net.au/radionational/programs/lawreport/2018-10-23/10404890>

Charles Darwin University, Students: Breach of Academic Integrity Procedures (Governance Document, 15 December 2017) <https://www.cdu.edu.au/governance/doclibrary/pro-092.pdf>

Charles Darwin University, Assignment Do’s and Don’ts (Web Page, 2017) <https://www.cdu.edu.au/sites/default/files/academic-integrity/docs/checklist-plagiarism-2017.pdf>

LexisNexis, Halsbury’s Laws of Australia (online at 20 February 2019) 250 Legal Practitioners, ‘1 Admission and Practice Requirements for Legal Practitioners’

Macquarie Dictionary (online at 14 February 2019)

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How to Write a First-Class Law Essay

Studying law at university entails lots of essay writing. This article takes you through the key steps to writing a top law essay.

Writing a law essay can be a challenging task. As a law student, you’ll be expected to analyse complex legal issues and apply legal principles to real-world scenarios. At the same time, you’ll need to be able to communicate your ideas clearly and persuasively. In this article, we’ll cover some top tips to guide you through the process of planning, researching, structuring and writing a first-class law essay with confidence. 

1. Start In Advance

Give yourself plenty of time to plan, research and write your law essay. Always aim to start your law essay as soon as you have the question. Leaving it until the last minute does not only create unnecessary stress, but it also leaves you insufficient time to write, reference and perfect your work.

2. Understand The Question

Do not begin until you fully comprehend the question. Take the time to read the question carefully and make sure that you understand what it’s asking you to do. Highlight key terms and annotate the question with definitions of key concepts and any questions that you have have. Think about how the question links back to what you’ve learned during your lectures or through your readings.

3. Conduct Thorough Research

Conducting thorough research around your topic is one of the most fundamental parts of the essay writing process. You should aim to use a range of relevant sources, such as cases, academic articles, books and any other legal materials. Ensure that the information you collect is taken from relevant, reliable and up to date sources. Use primary over secondary material as much as possible.

Avoid using outdated laws and obscure blog posts as sources of information. Always aim to choose authoritative sources from experts within the field, such as academics, politicians, lawyers and judges. Using high-quality and authoritative sources and demonstrating profound and critical insight into your topic are what will earn you top marks.

4. Write A Detailed Plan

Once you’ve done your research, it’s time to plan your essay. When writing your plan, you’ll need to create an outline that clearly identifies the main points that you wish to make throughout your article. Try to write down what you wish to achieve in each paragraph, what concepts you want to discuss and arguments you want to make.

Your outline should be organised in a clear, coherent and logical manner to ensure that the person grading your essay can follow your line of thought and arguments easily.  You may also wish to include headings and subheadings to structure your essay effectively This makes it easier when it comes to writing the essay as starting without a plan can get messy. The essay must answer the question and nothing but the question so ensure all of your points relate to it.

Start Writing Like A Lawyer

Read our legal writing tips now

5. Write A Compelling Introduction

A great introduction should, firstly, outline the research topic.  The introduction is one of the most crucial parts of the law essay as it sets the tone for the rest of the paper. It should capture the readers attention and provide the background context on the topic. Most importantly, it should state the thesis of your essay.

When writing your introduction, avoid simply repeating the given question. Secondly, create a road map for the reader, letting them know how the essay will approach the question. Your introduction must be concise. The main body of the essay is where you will go into detail.

6. Include A Strong Thesis Statement

Your thesis should clearly set out the argument you are going to be making throughout your essay and should normally go in the introduction. Your thesis should adopt a clear stance rather than being overly general or wishy-washy. To obtain the best grades, you’ll need to show a unique perspective based upon a critical analysis of the topic rather than adopting the most obvious point of view.

Once you’ve conducted your research and had a chance to reflect on your topic, ask yourself whether you can prove your argument within the given word count or whether you would need to adopt a more modest position for your paper. Always have a clear idea of what your thesis statement is before you begin writing the content of your essay. 

7. Present the Counter-argument

To demonstrate your deeper understanding of the topic, it’s important to show your ability to consider the counter-arguments and address them in a careful and reasoned manner. When presenting your counterarguments, aim to depict them in the best possible light, aiming to be fair and reasonable before moving on to your rebuttal. To ensure that your essay is convincing, you will need to have a strong rebuttal that explains why your argument is stronger and more persuasive. This will demonstrate your capacity for critical analysis, showing the reader that you have carefully considered differing perspectives before coming to a well-supported conclusion.

8. End With A Strong Conclusion

Your conclusion is your opportunity to summarise the key points made throughout your essay and to restate the thesis statement in a clear and concise manner.  Avoid simply repeating what has already been mentioned in the body of the essay. For top grades, you should use the conclusion as an opportunity to provide critical reflection and analysis on the topic. You may also wish to share any further insights or recommendations into alternative avenues to consider or implications for further research that could add value to the topic. 

9. Review The Content Of Your Essay

Make sure you factor in time to edit the content of your essay.  Once you’ve finished your first draft, come back to it the next day. Re-read your essay with a critical perspective. Do your arguments make sense? Do your paragraphs flow in a logical manner? You may also consider asking someone to read your paper and give you critical feedback. They may be able to add another perspective you haven’t considered or suggest another research paper that could add value to your essay. 

10. Proofread For Grammatical Mistakes

Once you’re happy with the content of your essay, the last step is to thoroughly proofread your essay for any grammatical errors. Ensure that you take time to ensure that there are no grammar, spelling or punctuation errors as these can be one of the easiest ways to lose marks. You can ask anyone to proofread your paper, as they would not necessarily need to have a legal background – just strong grammar and spelling skills! 

11. Check Submission Guidelines

Before submitting, ensure that your paper conforms with the style, referencing and presentation guidelines set out by your university. This includes the correct font, font size and line spacing as well as elements such as page numbers, table of content etc. Referencing is also incredibly important as you’ll need to make sure that you are following the correct referencing system chosen by your university. Check your university’s guidelines about what the word count is and whether you need to include your student identification number in your essay as well. Be thorough and don’t lose marks for minor reasons!

12. Use Legal Terms Accurately

Always make sure that you are using legal terms accurately throughout your essay. Check an authoritative resource if you are unsure of any definitions. While being sophisticated is great, legal jargon if not used correctly or appropriately can weaken your essay. Aim to be concise and to stick to the point. Don’t use ten words when only two will do.

12. Create a Vocabulary Bank

One recurring piece of advice from seasoned law students is to take note of phrases from books and articles, key definitions or concepts and even quotes from your professors. When it comes to writing your law essay, you will have a whole range of ideas and vocabulary that will help you to develop your understanding and thoughts on a given topic. This will make writing your law essay even easier!

13. Finally, Take Care of Yourself

Last but certainly not least, looking after your health can improve your attitude towards writing your law essay your coursework in general. Sleep, eat, drink and exercise appropriately. Take regular breaks and try not to stress. Do not forget to enjoy writing the essay!

Words by Karen Fulton

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Judicial Activism in Australia Essay

Introduction, judicial activism, the common law in australia, judicial precedent, judicial restraint, pros and cons of judicial activism in australia.

The constitution is the highest authority in many nations of the world including Australia and should be adhered to the latter. The judicial systems of these nations respect the constitution. However, in some situations, interpretation of the law is vital as some laws are ambiguous or absent. This essay shows that it is legitimate for the judges in Australia to engage in judicial activism.

Judicial activism is the philosophy indicating that in some cases, judges should be allowed to construe the constitution in such a way that it reflects contemporary conditions and values. Liberalism, which is a belief in expanding the power of the government by construing the constitution broadly in order for it to be used to exact issues, supports this (Magleby).

Judicial activism occurs in a case when a judge decides on a case that is based on political or personal ideology or by giving in to pressure from special interests instead of sticking to the previous guide or the constitution. In a system with a separation of power, judicial activism disregards it and makes a new regulation that affects the country wholly instead of settling a specific case being tried (Holetzky, par. 1). In the government systems of many nations of the world, legislation is never done by the judiciary because it is not elected but only appointed. Therefore when judicial activism occurs, this can be referred to as the usurpation of power meaning that justice overrides the court’s jurisdiction or does create a judgment that diverges from jurisprudence, common law and generally the constitution. It can include a case whereby judges override existing laws or make certain doctrines legal without any support or precedent. This situation recreates or undermines policy (in most cases social policy) (Holetzky, par. 2).

Some cases cannot be heard through judicial activism. This is because they are not addressed in the constitution. A good example is an abortion or same-sex marriages that can only be decided by the people and the states otherwise they have to be included first in the constitution so that judicial activism can be applied (Holetzky par. 3-4).

This common law is used in several countries like the United States, Canada, Australia, India, Malaysia, and New Zealand. Common law is the system of law that was developed in England. It contradicts the system that was derived from the Roman law (often regarded as the civil law) that is operational in South America, Europe, and Japan. In the UK, judges who operated in the courts that had been created by the king established common law. The reason why it is referred to as the common law is because it established one law that was common to the entire British kingdom. The law was set by King William who together with the chief landowners wanted to strengthen their hold on the kingdom to run it smoothly (Craig, par. 1-3).

In the separation of power principle, the judiciary should always be independent of both the legislature and the executive. However in the Common law system, the judges make sure that the laws that have been made by the legislature have been obeyed. However, when new situations arise and values undergo a change, justices and judges can decide the issue differently. When the judge decides a case strictly according to a precedent, it may appear like an injustice. This is where the judicial activism came about whereby even if it is not the duty of the judges to make a law, they can use the law to fit in a new situation. In Australia and the United Kingdom, other parts of the common law have become very compound, forcing the legislature to either replace them or reform them (Craig, par. 4-5)

In Australia, the common law has in the recent past overlaid by stature and it exists in recent times as a weakened form. This, therefore, indicates that the common law is not what it used to be. The purpose of common law was to protect people against the ever-expanding and overreaching power of the government (Cooray, par. 19-20).

The doctrine of judicial precedent which is also referred to as stare decisis describes the fact that in the hierarchical structure in courts, any decision made by a higher court is binding on a lower court of that hierarchy. In the explanation, this means that judges should check to see whether a similar case had been handled by any other court before. If either a higher court or one of an equal status set the precedent, the judge would be obliged to abide by the rule that was established in the previous case. However, if that precedent was from a lower court, the judge should consider it afresh but now follow the precedent. This means that decisions by higher courts should remain binding on lower courts (example essays, par. 1&2). The advocates of a strict view of precedent in Australia state that the continuity, consistency and predictability that results from sticking to precedent is important in maintaining public confidence in the work of the Judiciary and the rule of the law (Kirby p. 2). However, one Australian Judge stated that he saw a great danger of injustice if there is high rigidity in adherence to the precedent. Australian law is said to rest on the decisions that have been by the country’s lawmakers and the judicial courts and also upon the “expression, application and development “of the precedent, with the Australian high court at the top of the system (Kirby p. 3).

This is always seen as the opposite of judicial activism. It is a theory that discourages the judges from exercising their power. This means that judges should refrain from ignoring laws unless, of course, they are contrary to the constitution of the land. A jurist is required to sustain the law as much as possible. Jurists following this theory usually respect the judicial precedent (Eastern Michigan University, par. 1).

People who advocate for judicial activism argue that it allows for a “more fluid constitution.” They state that those who came up with the constitution were not in the position to foresee the state of the future government and thus judicial activism allows the ideas that are in the constitution to be shaped without overly limiting the contemporary legislation (Uiowa, par. 3). The justices come to realize that those framers never thought of everything and so as the time elapses, new situations come up and the constitution needs either to be interpreted to suit that situation. This means that judicial activism is very necessary for such a situation (Uiowa, par. 4).

On the other hand, judicial activism has been criticized as allowing adrift from the actual constitution, creating a kind of a constitutional crisis (Uiowa, par. 3). The opponents of judicial activism also argue that it contradicts the theory of judicial restraint and that the justices and judges should stick to the constitution “as they are no better than the framers” (Uiowa, par. 4). The detractors of the system have also claimed that it usurps the power that belongs to the branches of the government (that have been elected) and thus it becomes an enemy of democracy and the rule of the law. This argument has the claim that no unelected branch of the government such as the judiciary should overrule the policies that have been made by people’s elected representatives in the absence of a constitutional crisis (Hart).

Heydon (p.1) has stated that judicial activism in Australia impairs both the firm grip on the applicable law and the total probity and as a result becomes destructive to the rule of the law. He further gives two types of completely illegitimate pressures that drive judges to move away from probity and therefore evidencing judicial activism. One of them is the need to taint judicial decisions with personal opinions on every issue and the second is the wish to state the law (applicable) in a manner that is entirely unblocked by its former state, with the perception that it should be different (Heydon p.1).

From the conclusion, it is vivid that when the law is interpreted by Australian judges in a way that does not contradict the constitution, then such judicial activism is legitimate. This is because the constitution was framed without understanding the changes that would take place in the future. However, in a situation when the judges would use their personal opinion to decide a case and in the process create constitution crises; this would be illegitimate as the constitution is the highest authority in Australia. Though judicial activism is justifiable in specific situations, judicial restraint should also be observed so that democracy can be adhered to. In situations that arise and are not in the constitution, it should be the work of the legislature to amend it and add the law.

• Craig, Jenny et al. Law and Rights: Common law. Updated 2008.
• Cooray, L. The Australian Achievement: From Bondage to Freedom. 2008.
• Eastern Michigan University. Fundamentals of Judicial Philosophy-Restraint.
• Exampleessays. Doctrine of Judicial Precedents & its Hierarchy of Courts. 2009. Web.
• Hart, John. Democracy and Distrust. Cambridge: Harvard University Press, 1980, Chapters 4-6.
• Heydon, D. “ How judicial activism results in the death of the rule of law in Australia .” On line Opinion , 2003: p.1. Web.
• Holetzky, Sherry. What is Judicial Activism? Wisegeek. Updated 2009. Web.
• Kirby, M. Precedent- Report on Australia. International Academy of Comparative Law Conference, 2006, Utrecht, Netherlands.
• Magleby, David et al. Government by the People. 22 nd ed. Upper Saddle River, NJ: Pearson Prentice Hall, 2008.
• Uiowa. Judicial Activism. Updated 2006.
• Chicago (A-D)
• Chicago (N-B)

IvyPanda. (2024, March 28). Judicial Activism in Australia. https://ivypanda.com/essays/judicial-activism-in-australia/

"Judicial Activism in Australia." IvyPanda , 28 Mar. 2024, ivypanda.com/essays/judicial-activism-in-australia/.

IvyPanda . (2024) 'Judicial Activism in Australia'. 28 March.

IvyPanda . 2024. "Judicial Activism in Australia." March 28, 2024. https://ivypanda.com/essays/judicial-activism-in-australia/.

1. IvyPanda . "Judicial Activism in Australia." March 28, 2024. https://ivypanda.com/essays/judicial-activism-in-australia/.

Bibliography

IvyPanda . "Judicial Activism in Australia." March 28, 2024. https://ivypanda.com/essays/judicial-activism-in-australia/.

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Australian Consumer Law, Essay Example

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January 2011 denoted the start of another law to protect consumers in Australia called the Australian Consumer Law (ACL). Being the single national buyer security law it is a piece of the Plan for the National Partnership Agreement to convey a consistent national economy with the expanding request in rivalry in purchaser laws the new Australian Consumer Law 2011 or (ACL) has assumed control from the prior Commonwealth Trade Practices Act and State and Territory Fair Trading Acts. This new legislation is intended to be about protected items, fair contracts and true blue deal practices. The novel part about this new Australian Consumer Law is that it lays the standard procedures broadly and is accessible to each Australian regardless of where they live or work.

These laws profit the Australian shoppers as well as helps organizations. This states that the legislature has now one book of standards to stick to across the nation rather than the various different territory and state acts. This can be seen as an extraordinary preference for organizations that serve customers crosswise over state. Ensuring buyer rights is fundamental in keeping up towards thefair practices of purchasers offered by different organizations. With the usage of the new Australian Consumer Law (ACL), dealer rights and purchaser rights have ended up more transparent thereby expanding for all a guarantee. The key component dealing with the new law is that it doesn’t just apply to items and administrations utilized as a part of families. However it additionally manages all merchandise and administrations for some other reasons comprehensive of business utilization for products costing up to $40,000. (Nickolas, 2013)

This means shoppersare able to have additional rights to support them in the occasion of false, beguiling or deceiving business rehearses. The Australian Consumer Law (ACL) will likewise help more modest organizations in having an acceptable picture of what their rights are when working with options organizations for general buys. This won’t just help littler organizations become quicker however will likewise support them in stretching crosswise over Australia. The new Australian Consumer Law (ACL) can be seen to be essential with scope of some key ranges. For example, Unfair Contract terms, wellbeing of shopper items, ensures and discount rights, and business works on including telemarketers and avenue to entryway sales representatives. Unfair contract  terms will ensure customers and entrepreneurs so that both the gatherings have equivalent rights when occupied with an agreement. This prompts fair business behaviors and does not abandon one gathering with the load in proceedings concerning the agreement.

Prior fair exchange practices permitted business to call shoppers at any given time. This has changed to particular calling times that telemarketers will contact their shoppers. The same is seen for avenue to entryway salesman too. The new Australian Consumer Law (ACL) has huge punishments in the event of a break in the legislation. These penalties are relied upon to convey a superior consistency jolt. Under the new Australian Consumer Law (ACL), suppliers and fabricates must guarantee buyers that all items and administrations conveyed are of the same quality as guaranteed to the buyer. Match any portrayal and must respect the insurance of an express guarantee. Purchasers then again must be well mindful of the terms and conditions that they are lawfully bound to take after. These contracts can’t be arranged and are made by one gathering before any discussions identified with the transaction occurred. It is dependent on the buyer whether he/she decides to acknowledge it or deny it. Standard Form Contracts are normally effectively printed out and are all situated for authorization by the shopper. So this leaves practically no space for arrangements. Is it true that it is Unfair? On account of a clash in the matter of whether the term of the agreement is unfair, the court takes a gander at three key components.

There are exceptions. Looking at the case, Butcher v Lachlan Elder Realty Pty LTD (2004) HCA 60 , in which two disclaimers were made by their advertisement was to be clear that it could not mislead the consumers about their source of information, and it could only pass to others the information that was supplied. They were not find liable, was this fair, only with the misleading and deceptive conduct claim, but they did not purposely mislead the consumers. Looking at the case of Australian Competition and Consumer Commission v Telstra Corporation Limited (2007) FCA 1904 , Telstra was found liable over their misleading and deceptive claims that “coverage was everywhere you need it.” However, the courts believed that consumers were specifically communicated with but instead directed towards their services. There are exceptions to consumer protection, which are contingent on case by case.  Would there be lopsidedness in the gatherings legalities, the security of the advantage gatherings hobbies and on the off chance which its enforcement would result in impairment.

It crucial for us to comprehend that the new unfair terms presented in the Australian Consumer Law (ACL)are not practiced in connection to the supply of items and administrations of money related wares from business to business. The new Australian Consumer Law (ACL) contains another national item wellbeing organization. It underlines the obligations of the Commonwealth, State and Territory governments and manages the obligations of the suppliers and the manufactures.  This is imperative so that Australian governments have full power over purchaser merchandise and administrations and thus can guarantee item wellbeing. The law gives the direction to supplier in respect to what their obligations are towards their customers and what fundamental move must be made when products.

As it was specified, the Australian Law is moving to over secure shopper, where before it was exceptionally troublesome for a customer to have a cure against anybody yet the quick supplier of faulty merchandise. There was no cure accessible to the customer against outsiders under contract law in light of the fact that no existed contractual relationship between the purchaser. On the other hand, these days if the customer experienced any harm in light of imperfect products, the makers are strictly subject. On the off chance that the producer or the supplier neglects to satisfy the sureties provided by the legislation could be affable punishments to for the amount of $50,000 for the organization and $10,000 in the event of consumer (Clark, 2011). The shopper may choose to sue either their quick supplier or the maker straightforwardly. The remedies that shoppers can be given by the Australian Consumer Law (Part 4-5), where the cure is reliant on the gravity of a break. The manufacturer of blemished merchandise that cause individual harm or harm may be obligated to repay a person who is harmed (area 138), a harmed outsider, for example, spectator (segment 139), an individual for harm to individual, household or family products( segment 140) and an individual for harm to land, structures or installations( area 141) (Nicklas, 2013).

For this situation, the behavior of the organization will be viewed as deceptive and misleading regardless of the possibility that it was unintentional. Looking at the case of Australian Competition and Consumer Commission v Keshow (2005) FCA 558 , the Aboriginal communities agreed to supply educational material and household goods to the community. However, they were forced to comply with conditions that had nothing to do with supplier’ interest. The payments that were forced to be made were found to be unacceptable pertaining to the 51AB section of the law. Another case in which misled consumers were , Australian Competition and Consumer Commission v Excite Mobile (2013) FCA 350 , where Excite Mobile promoted specifically to indigenous communities, although they had no mobile coverage. They were prompt with a free phone for signing up for the two year plan, that came with a monthly fee, and restricted day cap for calls and text.. Additional stipulations were made in the contract that were found to be unconscionable conduct, as they were negligent, misleading, and unfair to consumers.

The Australian Consumer Law presents a national law on item wellbeing. All products have recommended standard, and it is precluded to supply merchandise in the event that they don’t follow this standard. The norms of item wellbeing are identified with such things as items execution, configuration, substance, it’s trying amid and after production procedure furthermore to the vicinity of essential warnings and directions, which help customers to dodge danger of being harmed. In the parts 195-204 offenses identified with supply of items that don’t conform to an endorsed standard. The Australian Consumer Law is enhancing, and various changes were made identified with the rights and cures of shoppers to give them better insurance. One of the purposes behind the expansion of consumer protection is presumably the plan to persuade organizations to fairly act within their business. However, for this law to work it is significant that consumers are informed of their rights, in which suppliers will not be able to mislead them. The Austrian Consumer Protection Law was created to update past legislation, in order to give more protection to consumers, and provide better protection against organizations that choose to misled, for important products such as phones, household products, and other products.

Works Cited

Clarke J. “Australian Contract and Consumer Law.” Australia Contract Law . 2014. Web. 4 November 2014. http://www.australiancontractlaw.com/

Nikolas, James. Business Law, Third Edition . John Wiley & Sons. Australia. 2013. Book.

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Home — Essay Samples — Geography & Travel — Australia — Legal Steroids Australia

Legal Steroids Australia

• Categories: Australia Steroids in Sports

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Words: 908 |

Published: Jan 15, 2019

Words: 908 | Pages: 2 | 5 min read

Steroids Australia Legitimacy

• Consult a physician who recommend you the best steroids and by this you can get a prescription too.
• If you work out at gym, try to contact to your gym, sometimes gym members offer best quality steroids Australia too.
• Search for the online reliable retailers upon the recommendation of pro bodybuilders and order the steroids online.
• Testosterone Max is widely used for its pro formula and its effect on the testosterone hormones production level. It overcomes the disorder of testosterone hormone. This steroid is best for gaining heavy muscles.
• Anadrol is known for its boosting stamina effects. For harder workouts, you need more stamina and energy. Anadrol provide additional amount of energy to the consumer and help a person to follow a heavy workout plans easily. In addition, Anadrol also provide a muscles strength through a proper circulation of blood after doing workout.
• Paravar is a fat burning agent. It helps the consumer to get a lean muscle. During a workout, an extra fats are burnt away and a person gets a curved shaped body with lean and clean muscles.
• Dianobal helps the consumers in their proteins production. Protein is an essential element that a body needs in order to come up in a perfect shape.

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Law And Order Is Seemingly Following SVU And Organized Crime's Example With Dixon, And I'm On Board

This is a parallel I'm all in on.

Law & Order is on the way back to primetime with a new episode following a brief break, and the season is getting close to its ending. The previous episode ended on a twist that made me wonder if the show might tweak its format a bit after being renewed for Season 24 . Now, in light of some information about the next case on May 2, it seems like the original Law & Order could be following the examples of Special Victims Unit and Organized Crime when it comes to family from earlier in the 2024 TV schedule for Lieutenant Kate Dixon, played by Camryn Manheim.

Per NBC, the next new episode of Law & Order is called "Castle in the Sky" and will air in the show's usual 8 p.m. ET time slot on Thursday, May 2. While much of the official episode description makes this sound like a regular case of the week, there's one detail that had me flashing back to moments from SVU and OC this year. Check out the official description below:

When a real estate developer is found dead in one of his buildings, Shaw and Riley sift through a long list of suspects. Concerned for the welfare of the defendant’s young daughter, Dixon and her son plead with Price and Maroun for help.

Dixon's son is going to be involved in the next new episode! We don't know too much about the lieutenant's home life or as a parent, although she did reveal in Season 22 that her son was deaf and used ASL, allowing Dixon herself to pitch in as an interpreter on a case. In fact, the character even used her skills to help Olivia Benson over on SVU Season 24, in an episode that had me doubting if SVU and OC were on the same page with their lead characters .

And while Dixon's son being mentioned in the description doesn't mean that he or his relationship with his mom will be huge parts of the episode, I couldn't help but think about how the other two Law & Order franchise shows have incorporated more family elements in the 2024 TV season. On Organized Crime , that has actually included casting two Stabler brothers for some important roles in Season 4. On SVU , arguably the most emotional episode of the show's milestone 25th episode involved Benson navigating a very tricky but inevitable subject with her son .

Bring on the family ties in the Law & Order world, I say! The procedural format that has been such a hit going back to the '90s doesn't have to change to include more of the characters' home lives, and I'm hoping that Dixon's son appears in enough of the next episode to qualify as more than a cameo. Unfortunately, the promo for the episode doesn't give away details on that front:

Luckily, speculating about what comes next isn't too stressful for Law & Order at the moment, since it has already been renewed for Season 24 in the 2024-2025 TV season. Law & Order: SVU will also be back, this time for Season 26. Law & Order: Organized Crime hasn't been so fortunate so far, and the latest news is that the show could move over to streaming for fans with a Peacock Premium subscription .

For now, we can only wait, see, and keep watching NBC's Law & Order Thursdays, starting at 8 p.m. ET with the original show.

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