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How to read the case no

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ahyae View Drop Down
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  Quote ahyae Quote  Post ReplyReply Direct Link To This Post Topic: How to read the case no
    Posted: 09/August/2012 at 21:23
In the case title, there are very often many numbers eg.
Truth About Motorways v Macquarie [2000] HCA 11; 200 CLR 591; 169 ALR 616; 74 ALJR 604 (9 March 2000)

What are HCA 11; 200 CLR 591; etc referring to?

Thanks in advance.

iconoclast View Drop Down
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  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 09/August/2012 at 23:49

okay this is easy but not necessarily simple: Go to austlii>Commonwealth> HCA> decisions> 2000 > Tryth about etc ...
Up will pop the decision in question. Read it! Or just google and find summaries of this particular case.

All those numbers etc are just the legal citations - how to find the case for yourself.
What is the issue that you have? Any specifics or why this is of interest to you in your own legal drama?
not legal advice

ahyae View Drop Down
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  Quote ahyae Quote  Post ReplyReply Direct Link To This Post Posted: 10/August/2012 at 08:13
So is HCA 11 = 200 CLR 591?

I'm involved in a litigation and the applicant is using this case in its claim. However, the whole suit is to gag me in voicing the truth in effect.

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 10/August/2012 at 08:31
No.

All they have done is to cite the decision in a previous similar case. What you need to show is that your case is different because..........etc...etc....
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

ahyae View Drop Down
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  Quote ahyae Quote  Post ReplyReply Direct Link To This Post Posted: 10/August/2012 at 22:37
well, if it is cited "Truth About Motorways v Macquarie [2000] 200 CLR 591"
is it same as "Truth About Motorways v Macquarie [2000] HCA 11"
Why it is cited in a particular way and why not just Truth About Motorways v Macquarie [2000] avoid confusion?

BD Eye View Drop Down
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  Quote BD Eye Quote  Post ReplyReply Direct Link To This Post Posted: 10/August/2012 at 23:10
There is a well known case where a Barrister of the highest standing had an un-winnable case to try and overcome the hurdles he simply said "In the book of nature, my lords, it is written..." Lord Ellenborough Replied, " Will you have the goodness to mention the page, Sir, if you please?" Bear in mind the same language isn't spoken in court today all the time as this matter is from 1857, but the reasons for Lord Ellenborough remain the same - certainty.

I'm not going to bore you with the history, but when when Counsel makes an argument and they want to back their argument up with case law they will recite the case so the Judge can refer to the matter and know that their is already a precedent ( or a decision made on an issue that they have to or should follow unless they can be judicially creative)

The Judge needs to be able to find it and look at it. For example if you want to find a book on, say, green trees that have purple flowers the local librarian is going to say you'll find that by looking through 500 series in the Dewey Decimal classification.

The law is no different apart from the fact that decisions are classified by the case citation. Which consists of the:
1. Title of the Case - The names of the parties
2. The year of the Decision
3. The volume number of the report series
4. The abbreviated title of the report
5. The page in the report volume

So why not have just a "Truth About Motorways v Macquarie [2000" because there might also be a "Truth About Motorways v Macquarie No.2 [2000]" and then the judge would be reading the wrong precedent.

Case references and citation can be a pain in the proverbial, but trust me the more you read the more the references make sense.

Hope this helps some.

Cheers
BD Eye

NotGuilty View Drop Down
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  Quote NotGuilty Quote  Post ReplyReply Direct Link To This Post Posted: 11/August/2012 at 23:17
Originally posted by ahyae

well, if it is cited "Truth About Motorways v Macquarie [2000] 200 CLR 591"
is it same as "Truth About Motorways v Macquarie [2000] HCA 11"
Why it is cited in a particular way and why not just Truth About Motorways v Macquarie [2000] avoid confusion?

The same case is often reported in more than one place. So HCA means it's published by the High Court. CLR means it's published in the Commonwealth Law Reports, which is an independent publication and ALR means it's published in the Australian Law Reports, also independent.

If you are citing a case before a court or tribunal, always use CLR first, if that is not available, then ALR, then ALJR, then HCA. So if citing Truth About Motorways v Macquarie you would cite Truth About Motorways v Macquarie [2000] 200 CLR 591 only.

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