Reference

Legal research glossary

Short definitions of the terms that come up in Australian legal research, from medium neutral citations to the Kable principle. Each links to a fuller explanation.

Last updated 9 November 2026

A

AGLC
The Australian Guide to Legal Citation, the standard citation style for Australian legal writing. The current edition is the fourth (AGLC4, 2018). More on AGLC
Authorised report
The report series a court has approved as the official version of its judgments, such as the CLR for the High Court. Cite it in preference to other series. More on Authorised report

B

Brief to counsel
The instructions and documents a solicitor sends to a barrister when engaging them to advise, draft or appear. More on Brief to counsel
Briginshaw principle
The principle that the strength of evidence needed to prove a fact on the balance of probabilities depends on the seriousness of the allegation and the gravity of its consequences. More on Briginshaw principle
Browne v Dunn, rule in
The rule of fairness that a party who intends to contradict a witness on a point must put that point to the witness in cross-examination. More on Browne v Dunn

C

Catchwords
Short subject headings at the top of a judgment or headnote identifying the areas of law, legislation and issues it deals with. More on Catchwords
Chapter III
The chapter of the Australian Constitution dealing with the judicature. It is the source of the separation of judicial power and the Kable principle. More on Chapter III
Citator
A research tool that records a case’s later history and how subsequent cases have treated it. CaseBase, FirstPoint and LawCite are Australian examples. More on Citator
Coherence
In negligence, the principle that a duty of care will not be imposed if it would conflict with another legal duty or a statutory scheme. More on Coherence

D

Distinguished
A judicial treatment label: a later court held that a case did not apply because the facts or issues were materially different. More on Distinguished
Duty of care
The legal obligation to take reasonable care to avoid causing foreseeable harm to another. In novel cases, Australian courts reason from the salient features of the relationship. More on Duty of care

E

Expert opinion evidence
Opinion admitted under s 79 of the uniform Evidence Acts because it is wholly or substantially based on specialised knowledge from training, study or experience. More on Expert opinion evidence

H

Headnote
A summary placed at the start of a reported judgment, stating the catchwords, what was held, and the authorities considered. More on Headnote
Hearsay rule
The rule in s 59 of the uniform Evidence Acts: evidence of a previous representation is not admissible to prove a fact the person intended to assert by it, subject to exceptions. More on Hearsay rule
House v The King error
Error in the exercise of a discretion that justifies appellate intervention, shown specifically or inferred from a result that is unreasonable or plainly unjust. More on House v The King error

I

Ibid
Latin for "in the same place". In AGLC footnotes, a reference to the source cited in the immediately preceding footnote. More on Ibid

J

Jones v Dunkel inference
The inference that an unexplained failure to call a witness who would be expected to be called means their evidence would not have assisted the party. More on Jones v Dunkel inference

K

Kable principle
The principle that State Parliaments cannot confer functions on State courts that substantially impair their institutional integrity as repositories of federal judicial power. More on Kable principle

L

M

Manifestly excessive
A sentence appeal ground: the sentence is so far outside the range that error must be inferred, under the second limb of House v The King. More on Manifestly excessive
Medium neutral citation
The citation a court gives a judgment, independent of any publisher, in the form [Year] Court Number, for example [2013] HCA 18. More on Medium neutral citation

O

Obiter dictum
A remark in a judgment that was not necessary to decide the case. It may be persuasive but is not binding. More on Obiter dictum
Overruled
A judicial treatment label: a court with authority to do so held that an earlier decision was wrongly decided. More on Overruled

P

Pinpoint citation
A reference to the specific page or paragraph of a source that supports a proposition, such as 175 CLR 1, 42 or [2024] NSWSC 123, [45]. More on Pinpoint citation
Practice note
A court’s published direction on how proceedings are to be conducted. Several courts now have practice notes on the use of generative AI. More on Practice note

R

Ratio decidendi
The reasoning necessary for the decision in a case. It is the part of a judgment that binds lower courts. More on Ratio decidendi
Research memo
A document answering a specific legal question, setting out the facts, the law, the analysis and a conclusion. More on Research memo

S

Salient features
The factors Australian courts weigh in deciding whether a duty of care exists in a novel case, such as control, vulnerability, reliance and coherence. More on Salient features
SC Gen 23
The NSW Supreme Court practice note on the use of generative AI, which took effect on 3 February 2025. More on SC Gen 23

U

Uniform evidence law
The largely identical Evidence Acts in force federally and in NSW, Victoria, Tasmania, the ACT and the NT. More on Uniform evidence law

General information, not legal advice. See our editorial policy for how this page is sourced and reviewed, and how to report an error.

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