Table of Contents
4. SUBSEQUENT
CITATIONS
5. STATUTES
6. QUOTATIONS
7. REFERENCES TO JUDGES
8. CAPITALISATION
1. GENERAL
POINTS
Manuscripts should be
submitted as email attachments in MS Word 97 or later version. Manuscripts
in any other WP format will not be accepted because they may lose too much
formatting in the conversion process. In particular, automatic conversion
of footnotes to fully functional HTML hyperlinks is only reliably possible
with documents written in MS Word or later, and we do not have the
resources to convert them manually. Manuscripts containing hyperlinks to
the corresponding cases and legislation on AustLII or ScalePlus (but not a
subscription service like Butterworths Online) will be looked on
favourably. If you undertake hyperlinking, make sure that you select the
correct case or legislation! This is not as easy as it sounds. AustLII has
only fairly recently begun assigning a unique citation system to cases,
and there are many cases called e.g. NSW v Commonweath OR Singh
v Minister for Immigration & Ethnic Affairs.
(a) Manuscripts should be
double spaced leaving generous margins. Uncommon abbreviations should be
explained. On no account should anything be underlined (except if you
create hyperlinks, which automatically underline the text constituting the
hyperlink). Footnotes should appear at the foot of each page.
(b) A precis of the
submission should be included.
The APL E-Journal is
committed to the use of non-discriminatory language.
As a general rule, the Macquarie
Dictionary should be consulted to determine correct or preferred
spelling and hyphenation.For style conventions not covered in this guide
it is best to follow the AGPS Style Manual (5th edition, 1994).
Latin and foreign words
which are commonly regarded as anglicised should not be italicised. If in
doubt, the Macquarie Dictionary should be consulted. The Macquarie
Dictionary sets all words and phrases in roman, irrespective of their
origin; thus any foreign word or phrase not listed there would probably
require italics.
Footnotes, wherever
possible, should only be used for citations. If it is necessary to include
commentary in footnotes it should be kept to an absolute minimum.
Running headings are not
to be in italic and are to contain full punctuation; they are in full
caps.
No full stops are to be
used in citations or abbreviations of any kind. This includes full points
between initials of a forename(s). In this case, one space is left between
initials.
The suffix "ise"
is to be used rather than "ize". Similarly, all American
spellings are to be avoided e.g. "color" "labor"
(except in "Australian Labor Party").
Dates
1 January 1998
1990s (no apostrophe)
1990-1
1997-98
21st century
Numbers
Spell out numbers from one
to nine, after which figures are to be used. The exception to this is
percentages which are always in figures, eg, 8 per cent, measurements and
currency amounts.
200-1 $1000
313-24 $60 000
196-204 $1.01
$1 million, $200 million
Abbreviations
app - appendix
art - article
c - approximately, about
(Latin circa)
cf - compare (Latin confer)
ch, chs, c - chapter(s), (c
for litigation)
cl - clause
comp, comps - compiler(s)
div - division
ed, eds - editor(s)
edn, edns - edition(s)
eg - for example (spell out
in text)
et al - and others (Latin et
alii)
et seq - and following (Latin
et sequentes)
fn, fns - footnote(s)
ibid - in the same book,
chapter, page (latin ibidem)
id - in the same work (Latin idem)
infra - below (Latin), a
word, not an abbreviation (use "below" in preference to infra)
loc cit - in the place cited
(latin loco citato)
n, nn - note(s)
nd - no date
no, nos - number(s)
op cit - in the work cited
(Latin opere citato)
p, pp - page(s)
par, pars - paragraph(s)
passim - here and there,
throughout (Latin), a word, not an abbreviation
reg, regs - regulation(s)
rev - revise, reviser
s - section(s), subsection(s)
supra - above (Latin), a
word, not an abbreviation (use "above" in preference to supra)
supp(s) - supplement,
supplements
trans - translated,
translators(s)
v - versus
vol, vols - volume(s)
All words are to be
written full out in the body text of a piece; abbreviations are to be used
in footnotes, except where that word is at the opening of a sentence.
All the preceding
abbreviations (and any others), including those of Latin terms, are
presented in roman type, NOT italics, and always start with a lower-case
letter. When an abbreviation is used, there should be no space between it
and the following number, eg, s34 or par(b).Other common abbreviations to
be used:
Cth - Commonwealth
NSW - New South Wales
Qld - Queensland
SA - South Australia
Tas - Tasmania
Vic - Victoria
WA - Western Australia
NT - Northern Territory
ACT - Australian Capital
Territory
Pty Ltd - Proprietary
Limited
Co - Company
Headings and Lists
Headings and lists should
be organised consistently in the following style:
1.
2. A.
B. i.
ii.
All words except prepositions
should be capitalised.
2. ITALICS
A.
Cases
Parties' names are to be
italicised,
eg R v Smith
Mabo and Others v.
Queensland (No. 2) (1992) 175 CLR 1
Mabo
Initials of law reports are
NOT italicised (cf periodicals)
American cases are cited
differently from Australian cases with a comma after the case name and the
date appearing after the reference.
B.
Periodicals
The title of an article in
a journal is put in quotation marks, it is NOT italicised (cf books):
Howard, C, "Two
Problems in Excessive Defence" (1968) 84 LQR 343.
Smith, A B, "The
Doctrine of Forum Non Conveniens" (1965) 81 LQR 380.
However, initials of journals
ARE italicised (cf law reports):
(1968) 84 LQR 343
(1976) 50 ALJ 389
[1975] Crim LR 570
Full stops must NOT be
included in citations:
[1977] 2 All ER 449 [not
All E.R.]
[1977] CCH CLC 29, 305
[not C.C.H. CLC]
C.
Books
Titles are printed in
italics. If italics are not available they should be underlined. Titles
are NOT put in quotation marks:
Dalziel, A, Evatt the
Enigma (1967)
Ford, H A J,
Principles of Company Law (2nd edn, 1978).
Heuston, R F V, Salmond
on Torts (17th edn, 1977).
Meagher, R P,
Gummow, W M C, and Lehane, J R F, Equity Doctrines & Remedies (3rd
edn, 1992).
Chapters in Books
Pearson, N, "204
Years of Invisible Title--From the Most Vehement Denial" in Stephen,
M A and Ratnapala, S (eds), Mabo: A Judicial Revolution (1993) at
75
D.
Newspaper and magazine citations
[NAME OF AUTHOR (if
available)] "[TITLE OF ARTICLE (if available)]" [MAGAZINE OR
NEWSPAPER TITLE] [DAY] [MONTH] [YEAR] [AT (PAGE NO). e. g.:
Sheng, F, "Open up to
the world and utilise capitalism" People's Daily 12 March
1992 at 5.
Cite the full proper name of
the newspaper the first time it is used, then abbreviate subsequent
references in the footnotes:
The Sydney Morning
Herald
SMH
The Australian
Financial Review
AFR
E.
Reports
Titles of reports are
printed in italics (i.e. basically the same procedure is followed as for
books). For further information on citing reports, including examples, see
section 3.D. below.
3. INITIAL
CITATION
For cases, articles and
books, the initial citation MUST appear in full (in the body of the text
or in the footnotes, or in a combination of both).
Footnote symbols:
footnote to the article
title is represented by Ý
note of author is
represented by *
Be sure to take this into
account when writing or editing cross-referencing footnotes.
A.
Cases
Case citations give the
year, the relevant volume number (if there is more than one for the year),
the report series and the page number. In general, square brackets are
used where there is no volume number and the year is an integral part of
the title, and the date must be used to identify the particular volume.
Mabo and Others v.
Queensland
(No. 2) (1992) 175 CLR 1
(hereinafter Mabo)
In the citation of criminal
cases, in which the Crown is the prosecutor, the form R (standing
for Rex or Regina) is used to avoid the ambiguity of King
and Queen, for example:
R v Hoddock
Similarly, if the Crown is
the respondent in a criminal appeal, R is used.
B.
Articles
As a general rule, and to
maintain consistency, the following abbreviations should be used when
citing periodicals by title. When abbreviating, eliminate articles and
prepositions such as "a", "the", "at",
"in", and "of":
Adelaide - Adel
American - Am
American Bar Association
- ABA
Bar - B
British - Brit
Bulletin - Bull
Conference - Conf
Congressional - Cong
Constitution(al) - Const
Contemporary - Contemp
Contract(s) - Cont
Corporate - Corp
Criminal - Crim
Department - Dept
Development - Dev
Economic(s), Economy -
Econ
Education(al) - Educ
English - Eng
Federal - Fed
Federation - Fedn
Forensic - For
Government - Govt
Harvard - Harv
Historical, History -
Hist
Institute - Inst
International - Int'l
Journal - J
Juridical, Jurist - Jur
Jurisprudence - Juris
Justice - Just
Law - L
Legal - Leg
Library - Lib
Melbourne - Melb
Modern - Mod
National - Nat'l
New Series - ns
Northern Territory - NT
Psychology,
Psychological - Psych
Quarterly - Q
Queensland - Qld
Record - Rec
Reporter, Reports - Rep
Review - R
South Australia - SA
School - Sch
Series - Ser
Society - Soc
Studies - Studies
Tasmania - Tas
Technical, Technology -
Tech
Transnational -
Transnat'l
University(ies) - U
Victoria - Vic
Western Australia - WA
Commonly used periodical
titles should be abbreviated as follows:
Law Quarterly Review -
LQR
Australian Law Journal -
ALJ
Sydney Law Review - Syd
LR
Melbourne University Law
Review - MULR
Criminal Law Review -
Crim LR
Harvard Law Review -
Harv LR
Yale Law Journal - Yale
LJ
Authors should refer to A
Uniform System of Citation (15th edn, rev, 1991) by Alan L Dworsky and
commonly referred to as the "Harvard System of Citation", for
abbreviations (in particular for American journals and place names) not
listed above. Note, however, that the Harvard method itself (which
involves citations in the body of the text rather than as footnotes) is
not to be used.
Articles should be cited
using the following general format:
[AUTHOR SURNAME], [AUTHOR
INITIALS], "[TITLE]" ([DATE]) [VOL][TITLE OF PERIODICAL]
[FIRST PAGE NO]
For example:
Howard, C, "Two
Problems in Excessive Defence" (1968) 84 LQR 343.
Where the citation is to a
specific page number within the article, the following formula should be
used:
Howard, C, "Two
Problems in Excessive Defence" (1968) 84 LQR 343 at 346.
where 346 refers to the page
number within the article.
C.
Books
For initial citation, cite
initials of authors or editors, as well as edition (if later than the
first) and year. Do NOT include publisher or place of publication for
books, but DO include them for reports.
Example:
Meagher, R P,
Gummow, W M C
and Lehane, J R, Equity: Doctrines and Remedies 3rd edn (1992).
(Hereinafter,
Meagher,
Gummow and Lehane).
Where the citation is to a
specific page number within the book, the following formula should be
used:
Meagher, R P,
Gummow, W M C
and Lehane, J R, Equity: Doctrines and Remedies 3rd edn (1992)
at 246. [not "p246"]
D.
Reports
Unlike books, reports --
Government publications in particular -- often appear quite complex,
sometimes without an author, sometimes with both an author and a
sponsoring organisation, sometimes with a report number (if part of a
series), etc. The question becomes one of "how much information
should be included?".
In citing reports,
basically the same principles are followed as for books, but to facilitate
searches, both publisher and place of publication are cited as well. The
format should adopt the following general structure:
[AUTHOR SURNAME], [AUTHOR
INITIALS], [TITLE] ([DATE]) [SERIES NO], [PUBLISHER], [PLACE].
Examples:
Price, C, Ethnic Groups
in Australia (1989) Australian Immigration Research Centre,
Canberra.
Australian Bureau of
Statistics, Overseas Born Australians 1988: A Statistical Profile
(1989) Australian Bureau of Statistics, Canberra.
Office of Multicultural
Affairs, National Agenda for a Multicultural Australia (1989)
Australian Government Publishing Service, Canberra.
Australian Institute of
Criminology, Deaths in Custody Australia (No 7) June 1994,
Australian Institute of Criminology, Canberra.
4.
SUBSEQUENT CITATIONS
ibid signifies that the
footnote should be read exactly the same as that immediately preceding it,
eg:
1 Mabo and Others v.
Queensland (No. 2) (1992) 175 CLR 1 at 27.
2 Ibid. (reference
exactly the same as footnote 1)
id is used to signify the
same work as the first cited, but a different page, eg:
1 Mabo and Others v.
Queensland (No. 2) (1992) 175 CLR 1 at 27.
2 Id at 32.
For footnotes with no
similarity to immediately preceding citation, use the following methods of
citation:
Where the first footnote
gives full citation of case, periodical or book and is followed by one or
more unrelated footnotes before a further footnote reference to the same
publication:
1 Mabo and Others v.
Queensland (No. 2) (1992) 175 CLR 1 at 27.
2 Footnote text.
3 Footnote text.
4 Footnote text.
5 Above nl at 35.
and, if the very next
reference is to the same publication and same page number:
6 Ibid.
or, if to the same
publication but different page:
6 Id at 37.
The surname of the author or
the short name of the case is to be included when: (1) it is not clear in
the body of the text what source is being cited; and (2) there are several
citations within the one footnote being referred back to.
Examples of footnotes
citing periodicals:
12 Howard, C, "Two
Problems in Excessive Defence" (1968) 84 LQR 343.
13 . . .
14 . . .
15 . . [[Sigma]]
16 Above nl2 at 345.
or
16 Howard, above nl2 at
345.
Examples of footnotes citing
books:
3
Heuston, R F V, Salmond
on Torts (17th edn, 1977) 25.
4 . . .
4 . . .
5 . . .
6 . . .
7 Above n3 at 12. [not
"p12" or "at p12"]
NOTE: In both the text and
footnote citations, the word "above" should always be used in
preference to the Latin word "supra". Similarly, the word
"below" should always be used in preference to the Latin word
"infra".
Full stops should appear
at the end of the footnote only, or at the end of a sentence within the
footnote.
5.
STATUTES
Short title (as found in
section 1 of each statute) is sufficient.
Include calendar year and
origin of legislation. For example:
Trade Practices Act 1974
(Cth)
Firearms Act
1936
(NSW)
Statute Law Revision
Act
1937 (VIC)
Airlines Equipment
Amendment Act
1981 (Cth), sl9(1)(a)(ii)
The number of an act is not
included unless it is part of the title. For example:
Family Law Amendment Act
(No 2) 1979
Air Navigation Act
1920 (Cth), not
Air Navigation Act
1920
(No 50) (Cth)
NOTE: No comma is used
between title and year.
The year and origin of
legislation should appear in roman type, NOT italics.
Bills before the
Parliament are presented in roman type (i.e. not italicised), eg:
Book Bounty Bill 1969
Reference to sections and
subsections:
In body text: section 51;
sections 51 and 53; subsection 51(2)
In footnotes: s51: lower
case `s', no space
s51A: small capital
ss51 & 53
sub51(1)
subs51(1) & (2)
6.
QUOTATIONS
When quoting from any
source, the extract should appear exactly as it appears in the original
document. Quoted extracts should NOT be altered to conform to the APL
E-Journal house style.
When quoting passages from
any source, and the quotation exceeds three lines in length, INDENT, and
do not use quotation marks.
If a quotation is short,
(less than three lines), double quotation marks should always be used and
the quotation should NOT be indented.
Full stops should only be
included within quote marks if actually part of the quote, NOT where
simply ending the author's sentence, for example:
". . . binding on
State courts for the present". [NOT "the present."]
THREE dots (ellipses) are
used to indicate an omission of a word(s) from a quotation; FOUR dots are
used if this happens at the conclusion of a sentence being quoted.
When a capital letter
opening a quote needs to be added or removed to suit the sense of the
sentence where the quote is being used, indicate any change with brackets
around the letter: Barwick CJ accepted that it was necessary "[t]o
take into account the mode and extent of retaliation ...". Brackets
(as opposed to parentheses) always indicate editorial intervention.
7.
REFERENCES TO JUDGES
Traditional, deferential
forms such as:
His Honour; Their Honours;
His Lordship; The Learned President; I respectfully disagree
should be avoided. For
example, instead of "His Honour stated", "he stated"
should be used.
References to more than
one judge should adopt the following style:
Barwick CJ; Gibbs, Stephen
and Murphy JJ [not J.J.] Lord Denning MR; Buckley and Goff LJJ [not
L.J.J.] Street J and Hutley JA
8.
CAPITALISATION
The tendency is to reduce
the overall number of capitalised words in the text. A good comprehensive
guide to when to capitalise can be found in the current edition of the
Style Manual for Authors, Editors and Printers, published by the
Australian Government Printing Service.
Some common words where
rules are applied to determine capitalisation:
Capitalise:
Court, as in "The
Court decided ...": capitalise when refering to a specific court;
lower case when refering to courts in general
Constitution
Title of a convention,
covenant, treaty, declaration or regulation: ie Convention Relating to
the Status of Refugees; Treaty of Maastricht -- do not italicise.
Government
and Parliament:
when referring to a specific entity, capitalise (eg, the Federal
Government, the New South Wales Parliament). When not referring to a
specific entity or when used adjectivally, use lower case (eg, local
government, government control).
Geographical and
political designations
should be capitalised (eg, Western Europe),
but purely descriptive designations of a particular area should be lower
case (eg, northern France).
Do not capitalise c in
chapter: (ch7) or chapter 7.
States &
Territories: State is capitalised when used to mean one of the
territorial divisions of Australia (eg, the State of Victoria, the State
Governments). When referring to a nation or to an abstract entity, use
lower case (eg, the European states, state control). Territory is
always capitalised when used in Australian contexts (eg, the Northern
Territory, the Territory, the Australian States and Territories). In all
other uses it is in lower case.
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