Introduction
The benchbooks contain many references to cases and decisions, legislation and regulations. We explain how to understand these references.
Content
Find a decision
Content
Use the document search to find a decision
How we refer to cases
References may include the following parts and terms.
| Part of reference | Format | Example |
|---|---|---|
| Case name | The name of the case appears in italics | Elgammal v BlackRange Wealth Management Pty Ltd |
| Case link | A hyperlink points to the original case or decision | [2011] FWAFB 4038 (Harrison SDP, Richards SDP, Williams C, 30 June 2007) |
| Paragraph number | Normal text after the link | [2008] AIRCFB 1088 … at para. 22. |
| Page number | Normal text after the link | (1995) 185 CLR 410 at p. 427 |
Names of legislation and regulations
The full name of the legislation or regulations is in italics. The shortened name is normal text.
When we need to show where the legislation applies, we add the jurisdiction in brackets after the full name.
For example:
- ‘(Cth)’ is a Commonwealth law
- ‘(ACT)’ is an Australian Capital Territory law, ‘(WA)’ is a Western Australia law, and so on.
| Item | Example |
|---|---|
| Full name | Fair Work Act 2009 |
| Short name | Fair Work Act |
| Full name with jurisdiction | Fair Work (Commonwealth Powers) and Other Provisions Act 2009 (Qld) |
| Name with section number | Fair Work Act s.381(2) |
Abbreviations
‘ibid.’ shows that the reference is identical to the one immediately before it.
[42]Visscher v The Honourable President Justice Giudice [2009] HCA 34 (2 September 2009) at para. 81, [(2009) 239 CLR 361].
[43] ibid.
‘citing’ shows that one case quotes (‘cites’) another case.
Searle v Moly Mines Limited [2008] AIRCFB 1088 (Giudice J, O’Callaghan SDP, Cribb C, 29 July 2008) at para. 22; citing Byrne v Australian Airlines Ltd [1995] HCA 24 (11 October 1995) at para. 23.
If a case is reported in a journal, we use an abbreviated term for the journal.
| Abbreviation | Journal |
|---|---|
| ‘HCA’ | High Court of Australia |
| ‘FCAFC’ | Full Court of the Federal Court of Australia |
| ‘FWCFB’ | Full Bench of the Fair Work Commission |
| ‘FWA’ | Fair Work Australia |
| ‘IR’ | Industrial Reports |
| ‘CLR’ | Commonwealth Law Reports |
Naming conventions
In the anti-bullying benchbook, after a person applies for a workplace bullying order, we refer to the parties as:
- Applicant – usually the person (employee or worker) who lodged the application
- Employer/principal – the business or undertaking that employs or engages the applicant
- Person named – the person who is accused of having engaged in bullying behaviour.