AGLC 3 to AGLC 4 Guide

The Australian Guide to Legal Citation The 4th and most recent edition of the Australian Guide to Legal Citation (AGLC) was published in November 2018. It has some major changes to methods of citation for different materials, including the introduction of a new method of ‘footnoting’ sources previously cited, and a new method of referencing social media like Twitter (see [7.16]).

The following summary refers only the changes in the 4 th edition that apply to the most commonly cited sources in undergraduate legal writing: legislation; case law; books; journal articles; and websites. For users familiar with AGLC3, there is a short note at the bottom of the examples about what has changed.

This overview is not a replacement for having access to a copy of AGLC4 to use in your own writing. Copies of AGLC4 can currently be ordered from Melbourne University or another retailer. A free version is also available for download from Melbourne University.

Legislation Footnote format:

Title Year (Jurisdiction) pinpoint (‘Abbreviated name’).

Example: Crimes Act 1958 (Vic) s 3 (‘Crimes Act’).

Subsequent references:

Abbreviated name (n footnote where it first appears) Pinpoint section.

Example: Crimes Act (n 1) s 4.

Bibliography format:

Title Year (Jurisdiction) Example: Crimes Act 1958 (Vic)

Changes between 3rd and 4th edition: There has been no change to referencing legislation in its first appearance in a footnote or in the bibliography. However, AGLC4 has introduced a new method of referencing subsequent references in footnotes.

On the first appearance of the legislation in the footnotes, select an abbreviated name.

On the next appearance, use the shortened name and cross reference back to the footnote where the complete reference is.

You can use ‘Ibid’ if the first appearance of the legislation is in the footnote immediately above.

Case law (reported) Footnote format:

Party name v party name (year) Volume number Report series Starting page, Page for pinpoint [Paragraph for pinpoint if any] (‘Abbreviated name’).

Example: Murphy v Overton Investments Pty Ltd (2004) 216 CLR 388, 402 [29] (‘Murphy’).

Subsequent references:

Abbreviated name (n footnote where it first appears) Pinpoint page [Pinpoint paragraph if any].

Example: Murphy (n 1) 404 [35].

Bibliography format:

Party name v party name (year) Volume number Report series Starting page Example: Murphy v Overton Investments Pty Ltd (2004) 216 CLR 388

Changes between 3rd and 4th edition: There have been some minor changes to pinpoint referencing reported decisions. Some reports now include paragraph numbers in the margins of the page as well as page numbers. AGLC4 allows the writer to include both (see the example above).

AGLC4 has introduced a new method of referencing subsequent references in footnotes.

On the first appearance of the case in the footnotes, select an abbreviated name. On the next appearance, use the shortened name and cross reference back to the footnote where the complete reference is.

You can use ‘Ibid’ if the first appearance of the case is in the footnote immediately above.

If the case is reported, you must use the reported citation. Most reports are now available in LexisNexis, Westlaw or BarNet (Jade). Include only the reported citation.

Case law (unreported – media neutral) Footnote format:

Party name v party name [year] Court abbreviation Number of judgment, [Paragraph for pinpoint] (‘Abbreviated name’).

Example: Quarmby v Keating [2009] TASCCA 80, [11] (‘Quarmby’).

Subsequent references:

Abbreviated name (n footnote where it first appears) [Pinpoint paragraph number].

Example: Quarmby (n 1) [35].

Bibliography format:

Party name v party name [year] Court abbreviation Number of judgment Example: Quarmby v Keating [2009] TASCCA 80

Changes between 3rd and 4th edition: There have been no changes to referencing unreported, media neutral decisions.

AGLC4 has introduced a new method of referencing subsequent references in footnotes.

On the first appearance of the case in the footnotes, select an abbreviated name. On the next appearance, use the shortened name and cross reference back to the footnote where the complete reference is.

You can use ‘Ibid’ if the first appearance of the case is in the footnote immediately above.

If the case is reported, you must use the reported citation. Most reports are now available in LexisNexis, Westlaw or BarNet (Jade). Include only the reported citation.

Book Footnote format:

Author first name Author last name, Book title (Publisher, Edition number if required, Year of publication) Pinpoint page number.

Example: Malcolm N Shaw, International Law (Cambridge University Press, 7th ed, 2014) 578.

Subsequent references:

Author last name (n footnote where it first appears) Pinpoint page number.

Example: Shaw (n 1) 579.

OR if there is more than one book by Shaw: Example: Shaw, International Law (n 1) 579.

Bibliography format:

Author last name, Author first name, Book title (Publisher, Edition number if required, Year of publication) Example: Shaw, Malcolm N, International Law (Cambridge University Press, 7th ed, 2014)

Changes between 3rd and 4th edition: There have been no changes to referencing books.

AGLC4 has introduced a new method of referencing subsequent references in footnotes.

The full citation needs to be provided on the first appearance of the book in the footnotes.

On the next appearance, use the author’s surname and cross reference back to the footnote where the complete reference is.

If you have more than one reference authored by the same person, you should include the title of the reference as well (see the example above).

If there are two or three authors, include all of them in the abbreviated second reference (e.g. Luntz, Hambly and Hayes (n 27)).

If there are more than three authors, use et al (e.g. Smith et al (n 45)).

You can use ‘Ibid’ if the first appearance of the book is in the footnote immediately above.

Journal article Footnote format:

Author first name Author last name, ‘Article title’ (Year of publication) Volume of journal (Issue number of that volume) Title of journal Starting page, Pinpoint page number.

Example: Harold Luntz, ‘A Personal Journey through the Law of Torts’ (2005) 27(3) Sydney Law Review 393, 400.

Subsequent references:

Author last name (n footnote where it first appears) Pinpoint page number.

Example: Luntz (n 1) 402.

OR if there is more than one work by Luntz: Example: Luntz, ‘A Personal Journey through the Law of Torts’ (n 1) 402.

Bibliography format:

Author last name, Author first name, ‘Article title’ (Year of publication) Volume of journal (Issue number of that volume) Title of journal Starting page Example: Luntz, Harold, ‘A Personal Journey through the Law of Torts’ (2005) 27(3) Sydney Law Review 393

Changes between 3rd and 4th edition: There have been no changes to referencing ordinary journal articles.

AGLC4 has introduced a new method of referencing subsequent references in footnotes.

The full citation needs to be provided on the first appearance of the journal in the footnotes. On the next appearance, use the author’s surname and cross reference back to the footnote where the complete reference is.

If you have more than one reference authored by the same person, you should include the title of the reference as well (see the example above).

If there are two or three authors, include all of them in the abbreviated second reference (e.g. Luntz, Hambly and Hayes (n 27)).

If there is more than three, use et al (e.g. Smith et al (n 45)).

You can use ‘Ibid’ if the first appearance of the article is in the footnote immediately above.

Website Footnote format:

Author first name Author last name, ‘Title of article/page’, Name of website (Type of article/page, Date of last update if known) Pinpoint if any <URL>.

Example: Martin Clark, ‘Koani v The Queen’, Opinions on High (Blog Post, 18 October 2017) <http://blogs. unimelb.edu.au/opinionsonhigh/2017/10/18/koani.case.page/>.

OR Example: ‘James Edelman’, High Court of Australia (Web Page) <http://www.hcourt.gov.au/justices/current/justicejames-edelman>.

Subsequent references:

Author last name (n footnote where it first appears) Pinpoint if any.

Example: Clark (n 1).

OR ‘James Edelman’ (n 1).

Bibliography format:

Author last name, Author first name, ‘Title of article/page’, Name of website (Type of article/page, Date of last update if known) <URL>

OR ‘Title of article/page’, Name of website (Type of article/page, Date of last update if known) <URL> Example: Clark, Martin, ‘Koani v The Queen’, Opinions on High (Blog Post, 18 October 2017) <http://blogs. unimelb.edu.au/opinionsonhigh/2017/10/18/koani.case.page/> OR Example: ‘James Edelman’, High Court of Australia (Web Page) <http://www.hcourt.gov.au/justices/current/justicejames-edelman> Changes between 3rd and 4th edition: The method of citing internet resources has changed between the editions. In particular, there is now a requirement to insert what type of web page or post the reference is in parenthesis along with the date. A page might be a ‘Web Page’, ‘Blog Post’ or ‘Forum Post’. Where it is not clear, AGLC4 recommends simply using ‘Web Page’.

The requirement to insert ‘n.d.’ where the date of the last update cannot be found has also been removed. Where a date can’t found, it can simply be omitted.

AGLC4 has introduced a new method of referencing subsequent references in footnotes.

The full citation needs to be provided on the first appearance of the journal in the footnotes. On the next appearance, use the author’s surname and cross reference back to the footnote where the complete reference is.

If there is no author, then use the title of the page or post and the cross reference (see the example above).

You can use ‘Ibid’ if the first appearance of the article is in the footnote immediately above.