Secondary Sources: Digests / Current Awareness Services / Legal Encyclopedias / Journal Article Indexes / Loose-leaf Services / Textbooks / Government Publications / Parliamentary Papers / Government Directories / Royal Commissions / Law Reform Commissions / Dictionaries / Words and Phrases / Legal Research Publications

In addition to primary sources, which contain the law itself, it is necessary to be familiar with the many secondary sources available and how to use them. Commentaries found in secondary sources such as legal encyclopedias, textbooks, journal articles and looseleaf services are an excellent starting point for your research as they often provide you with an overview of the topic as well as references to primary materials.

Because of the amount of reported case law and its unsystematic development, it is necessary to use guides and indexes to find relevant cases on particular areas or points of law. Digests provide a systematic approach to finding cases.

A digest allows you to find summaries of reported cases by using an index. Cases are classified and arranged by subject according to standard legal terminology. A short summary of the facts and legal points of each case is provided. The digest that is most useful for Australian legal researchers is The Australian Digest.

The Australian Digest will help you find cases and articles on a subject. It consists of summaries of cases from Australian law reports published since 1825. These summaries are arranged according to broad subject headings called main titles. These are arranged alphabetically and then further subdivided. Detailed contents lists for each title and numerous cross references are provided to ensure a relevant area is not overlooked.

The Australian Digest may be used in conjunction with the Australian Case Citator to discover the significance and authority of a particular case and to find how cases have interpreted various words and phrases.

The third edition of the Digest is published in a regularly updated looseleaf format and comprises:

The publications Australian Legal Monthly Digest (ALMD) and ALMD Advance update the Digest. As the title suggests, ALMD is updated by monthly issues called the "Digest of Law and Cumulative Tables". The monthly issues contain digests of cases and legislation. ALMD also provides a table of cross-references from titles found in the legal encyclopedia The Laws of Australia (held in Law Reserve and also available online via Complete Legal Research, to those used in the Digest to enable you to also update the encyclopedia. ALMD Advance (published fortnightly) contains information regarding the latest decisions, unreported judgments and legislation.

The Australan Digest
Print: L/KH51/A3 (in the UNSW Freehills Law Library, 1st Floor Digest Area)
Also available online via Complete Legal Research.

The "Key and Research Guide" is an alphabetical listing of areas of law, with sub-divisions. It will refer you to the relevant title and square bracket number, [ ], for the area of law, or specific legal issue, you are interested in. Go to the appropriate volume. Title numbers are printed in the middle of the spine. They are not the same as the volume numbers printed below them. This will provide you with the relevant case(s).

In order to update further, consult the yellow "Supplement" pages at the end of each title. The first page of each supplement will indicate the years covered.

For later years not covered by the "Supplement", it will be necessary to update using the "Updater" section in the latest "Cumulative Tables" of the ALMD. This refers to topics using titles and square bracket numbers and the relevant monthly issue.

ALMD Advance will provide you with brief information regarding the latest decisions. Use the "Case Index" in the "Cumulative Tables". These tables are issued quarterly, so it will be necessary to look at individual issues published after the latest "Cumulative Table".

This publication contains up-to-date information regarding case and statute law and also provides references to articles. Unlike The Australian Digest, which allows you to cumulatively trace case history from 1825, Australian Current Law (ACL) provides case and legislative information for a particular year.

Until 1990, the titles or subject headings in Australian Current Law, reflected those found in Halsbury's Laws of England. From 1991, the titles in ACL tie-in with those used in a new encyclopedia, Halsbury's Laws of Australia, which ACL now updates.

Australian Current Law
Print: L/KH51/A10 (in the UNSW Freehills Law Library, 1st Floor Digest Area)
Both the Reporter and Legislation sections of ACL are available online.

Legal encyclopedias provide a comprehensive coverage of statute and case law. For each broad subject division of the law, an authoritative commentary is provided with each proposition being supported by references to the relevant authority (i.e. legislation or case law). The broad subject arrangement and subdivisions are similar to those in a digest. As with textbooks and looseleaf publications on a particular topic, legal encyclopedias can also be a useful starting point for research. There are two legal encyclopedias on Australian law, The Laws of Australia and Halsbury's Laws of Australia.

This title is published in loose-leaf by the Law Book Company. It is held in Law Reserve on Level 8 and is also available online via Complete Legal Research.

The Laws of Australia consists of:

By Subject
a) Consult the "Consolidated Index" and note most suitable references.

b) Look up the references under the main title. It is worthwhile to check the currency of the information. The date of currency is on the back of the title page.

c) If there are any blue Supplement sheets under your title, check these to see if your paragraph number has been updated.

d) To update further, use The Australian Digest. Each subtitle in The Australian Digest has a detailed comparative table found after the "Table of Contents" from paragraph numbers used in The Laws of Australia to those of The Australian Digest.
Alternatively, "Comparative Tables" can also be found behind each subtitle tab card in the main volumes of The Laws of Australia. Use these comparative tables to determine the title and square bracket number used in the Digest.
In the Australian Legal Monthly Digest, the "Laws of Australia-Australian Digest Cross References Table" can be found in the "Cumulative Tables" after the "Table of Abbreviations".

e) Check the Updater in the "Cumulative Tables" to locate any recent cases.

By Case
Use the "Consolidated Table of Cases" to find titles, subtitles and paragraph numbers which consider or refer to the cases. References are to authorised reports and paragraph numbers in the main volumes.

Alternatively, look at the "Table of Cases" located at the beginning of each title. These tables provide the same information as the "Consolidated Table of Cases".

To update, follow steps b) - e) outlined in "By Subject".

By Legislation
Use the "Consolidated Table of Legislation" to find titles and paragraph numbers that refer to or consider the legislation you are interested in.

Alternatively, look at the "Table of Legislation" located at the beginning of each title. This will also provide you with relevant paragraph numbers.

To update, follow steps b) - e) outlined in "By Subject".

Halsbury's Laws of Australia is only available online at UNSW.
Volumes 1-28 contain the encyclopedias content in alphabetically arranged "titles". Each volume contains a "Table of Contents", a "Table of Cases", a "Table of Statutes" and also an index of words and phrases used in each title. The titles in Halsbury's are identical to those used in Australian Current Law.

The information is arranged according to paragraph numbers. These appear in square brackets. The first number is the tile number and the second is the paragraph number (e.g. [10-20]).

10 = administrative law
20 = separation of powers

The encyclopedia is updated by Australian Current Law, Reporter. The "Halsbury's Updating Table" in the ACL, Reporter is cumulative, so you need only check in the latest issue.

Consult the index volume and note the most relevant references.
Look up the references in the main volumes.
To update further, consult the relevant ACL volume. This publication uses the same subject titles and paragraph numbers as Halsbury's Laws of Australia.

Consult the "Table of Statutes" to find references to title-paragraph numbers in the main volumes.
The "Tables of Statutes" can also be found in the main volumes behind the "Contents-Tables" guide card. These tables will only refer you to legislation covered by that volume.

To update, refer to later issues of Australian Current Law, Legislation. This uses the same title and numbering scheme as those in Halsbury's Laws of Australia.

Use the "Table of Cases" to find references to relevant title-paragraph numbers in the main volumes.
The "Tables of Cases" can also be found at the beginning of each main volume. These tables will only apply to the cases covered in that volume.

To update, check the "Statement of Currency" at the front of your title. Then refer to later issues of the Australian Current Law, Reporter. This uses the same title and numbering scheme as Halsbury's Laws of Australia.

AGIS Plus Text
This title indexes and abstracts articles found in Australian, New Zealand and Pacific law journals. It also abstracts and indexes some major law journals from the US, Canada and the United Kingdom. Coverage begins with 1975 with selected fulltext from 1999.

APAIS (Australian Public Affairs Information Service) Plus Text
This is an index to scholarly periodical literature in the social sciences and humanities, including law. It indexes articles from journals, books and conference proceedings. Coverage begins from 1945 with selected fulltext from 1999.

CINCH (Australian Criminology Database)
References to Australian criminological material from journal articles, books, book reviews/ chapters, conference papers, research reports, theses, government documents, statistical publications, and unpublished material.

CaseBase
Indexes articles from about 40 Australian and New Zealand law journals.

The Australian Digest (via Complete Legal Research)
This selectively refers to articles in legal journals. References to journal articles can be found under each title. It is updated by the Australian Legal Monthly Digest which contains references to articles at the end of each subject in each issue. References to articles and books can also be found immediately under the subject headings in the "General Index" which is in the "Cumulative Tables".
Print: L/KH51/A5 (in the UNSW Freehills Law Library, 1st Floor Digest Area)

Australian Current Law, Reporter
The "Consolidated Tables and Index" and each monthly issue contains a selective "Table of Books, Articles and Other Materials" arranged by subject. The annual bound volumes of the Reporter have this listing as well. Each of the bound volumes of the "Consolidated Tables and Index", covering the periods 1975-1985; 1986-1990 and 1991-1993 also contain a table of articles and cases.
Print:
L/KH51/A10 (in the UNSW Freehills Law Library, 1st Floor Digest Area)

As the law is constantly changing, publishers such as Butterworths and CCH produce subject-based reference volumes in looseleaf format. The loose pages are held in binders and, as the law changes, the outdated pages are removed and new pages are inserted. These updates are published and inserted at regular intervals. Most titles cover a specific area of law (e.g. criminal law, discrimination law, etc.) and are designed to be used by legal practitioners in this area. They are, however, also useful starting points for research.

These services have comprehensive indexes which are also regularly updated. They usually have a main index that lists all references in the service and separate indexes that cover legislation and cases. The references are usually to paragraph numbers rather than page numbers.

Looseleaf services usually contain:

Loose-leaf services cover subject areas such as immigration, EEO, administrative law, taxation, local government, criminal law, contract, family law, labour law and evidence.

They often contain sections for current case reports, which at the end of the year are bound in into a single volume as part of a law report series. For example, reports of cases published in the looseleaf service, the Australian Torts Reporter, when bound, become the Australian Torts Reports. Check the catalogue for holdings and locations.

Print loose-leaf services that the Law Library still updates, are held in UNSW Freehills Law Library Loans & Reserve Desk. Most are only available online through LexisNexis AU and CCH Library.

One or more copies of all set texts for subjects taught by the UNSW Law Faculty are held in UNSW Freehills Law Library Loans & Reserve Desk. Other texts are held in the general law collection. Details of all holdings can be found on the Library Resources Database. Alternatively, the Law Library's Subject Guides list major texts in each area of law.

Government publications cover an enormous range of materials and subjects. They are often a source of primary legal materials, such as statutes and subordinate legislation and also secondary publications which include reports of Select and Standing Committees, reports of Royal Commissions, Commissions of Inquiry, together with the more regularly issued reports of government departments.

A comprehensive listing of official Commonwealth, State and territorial government publications can be found in Australian Government Publications. This is a microfiche series produced monthly by the Australian National Library. It is arranged by the name of the government body and a subject index is provided. Microfiche:
SMFL/3226 1988- (Main Library, Level 3 )

GovPubs: the Australian Government Publications Guide
Produced by the National Library, is a guide to selected types of Australian government publications, such as Acts, Hansards, gazettes and parliamentary papers, located in Australia's national, state and territory libraries or available on the internet.


Many government publications are individually catalogued in the Library Resources Database.

Many of the government publications form part of a numbered series known as Parliamentary Papers. A complete collection is held in the Social Sciences and Humanities Library on Levels 3 & 4.

Papers presented to Parliament
Print: SREF328.9406/3 1967-
There is also a separately published Commonwealth Index to these papers covering each session.
Print:
SREF328.9406/3 1901-
The Parliament of Australia website has many recent parliamentary papers online.

Joint volumes of papers presented to the Legislative Council and Legislative Assembly
Print:
SREF328.94406/3 1904-

A series of indexes called Papers Laid upon the Table and Ordered to be Printed, are kept in pamphlet boxes with the Joint volumes of papers presented to the Legislative Council and Legislative Assembly. The New South Wales Parliament site has many recent papers online.

Commonwealth Government Directory
Published intermittently, this lists ministers and departmental heads and includes a short descriptions of each department, its address and contact numbers. It also contains information about courts and tribunals in the federal sphere. It is also available online as GOLD (Government Online Directory).
Print:
LREF/K162.A/C2

Information on Members of Parliament is available from the Australian Parliamentary Website:

New South Wales Government Directory
Published irregularly, this directory provides information similar to its Commonwealth counterpart.
Print:
LREF/K162/N3

Information on New Sout Wales Members of Parliament is available from the NSW Parliamentary website.

A commercial looseleaf publication, Governments of Australia : the people and the departments, provides extensive listings of parliamentary, departmental and political staff from the Commonwealth, states and territories.

Royal Commissions are usually established by governments to enquire and report upon a specific subject (e.g. deaths in custody). This is achieved either by gathering information to assist in the formulation of policy or by establishing the facts relating to a particular topic. Interim and final reports produced by Royal Commissions as a result of their investigations are tabled before Parliament. Nearly all these reports form part of the Parliamentary Papers series. Royal Commission reports are catalogued according to their subject matter and accessable through the Library Resources Database. Search by Keyword, using "royal commission" and further keywords from the title or subject matter of the report (e.g. "deaths custody royal commission").

Most jurisdictions have established Law Reform Commissions to advise government on how to best reform the law. They are routinely directed to examine a particular area of the law and report back with discussion papers, working papers and a final report. This process normally results in the government making changes to law, or passing new legislation based on the Law Reform Commissions recommendations. The publcations that arise out of this process can be used later to interpret the legislation passed on the recommendation of the Commission.

The Law Library holds reports and papers from the law reform commissions of Australia, NSW, Queensland, Tasmania, Victoria, Western Australia, England and Wales, Ireland, Canada, British Columbia, New Zealand and India. These publications are catalogued according to their subject matter and accessable from the Libary Resources Database.

For earlier reports and other publications from Australia, New Zealand and Papua New Guinea use the Law Reform Digest
Print:
LREF/K30/L13/1 1910-1985

To locate recent law reform publications, view the "'Publications of areas of law under review" section of the journal Reform (L/K1/R193). This lists both reports in progress and those that are table and covers Australia and overseas.

Alternately, both the Australian and New South Wales Law Reform Commissions have many of their publications available online.

The Law Library holds a variety of legal dictionaries. The most heavily used are listed below, while others can be found in the Library Resources Database.

CCH Macquarie Dictionary of Law
Print:
LREF/K127/C7/3

Butterworths Concise Australian Legal Dictionary
Print:
LREF/K127/B9/2

Butterworths Encyclopaedic Australian Legal Dictionary
Available online only.

Australian Legal Words and Phrases
This publication lists words and phrases as defined in Australian legislation or interpreted and considered in judgments of the superior courts.
Print: LREF/K128/A3/1/(1-4)
Also available online.

Campbell E & L Poh-York, Legal research: materials and methods
Print:
L/KL155/C7/4 [Check Catalogue]

Dayal S, E-law research : your guide to electronic legal research
Print:
L/KL157/D5/1-1C [Check Catalogue]

Cook C et al., Laying down the law : foundations of legal reasoning, research and writing in Australia
Print:
L/KL176/L1/5 [Check Catalogue]

Nemes I & G Coss, Effective legal research
Print:
L/KL155/N1/2 [Check Catalogue]

Watt R, Concise legal research
Print:
L/KL155/W2/3 [Check Catalogue]