NSW Law Reports: Difference between revisions
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{{Short description|Law Reports of Australia}} |
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| ⚫ | The '''New South Wales Law Reports''' ('''NSWLR''') are the [[Law report|authorised reports]] of the superior courts of [[New South Wales, Australia]]. The reports are published by the [[Council of Law Reporting for New South Wales]]. [[File:NSWLR bound volumes.jpg|thumb|Bound volumes of the NSWLRs.]] |
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Cases reported in the NSWLR are selected by the Editor on the basis of their significance in relation to the interpretation, development or application of the law in New South Wales. Of the thousands of judgments delivered each year by the [[Supreme Court of New South Wales]] (including the Court of Appeal and Court of Criminal Appeal) only a fraction are selected for reporting.<ref>{{cite web |title=NSWLR - About the Council |url=https://nswlr.com.au/about-reports |access-date=4 March 2023}}</ref> |
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Each state in Australia has an official body which is responsible for the reporting of cases.<ref name="clr">{{cite book |title=Concise Legal Research |
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|last=Watt |first=Robert |author2=Francis Johns |edition=6 |year=2009 |publisher=Federation Press |isbn=1862877238 |pages=82–83 |url=https://books.google.com/books?id=EqpxHgFtrt4C |accessdate=27 October 2012 }}</ref> At the Commonwealth level the responsibility rests with judges. The [[Commonwealth Law Reports]] are the authorised reports of the [[High Court of Australia]]. |
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Every report contains a headnote drafted by a practising barrister or solicitor, reviewed by an Assistant Editor and approved by the relevant court. Counsel involved in a case are also asked for comment. Each headnote includes catchwords, appearances, a summary of facts and holdings. The catchwords give a summary classification of the matters dealt with in the case. The holdings are the grounds for decision. All citations, quotations and references in the text of a judgment are checked, and corrected if necessary, and the text conformed to the council's own style guide by the council's editorial staff.<ref>{{cite web |title=NSWLR - About the Council |url=https://nswlr.com.au/about-reports |access-date=4 March 2023}}</ref> |
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Judgements which are included in the reports are selected on the basis their significance in relation to the interpretation, development or application of the law in New South Wales.<ref name="aure">{{cite web |url=http://nswlr.com.au/nsw-law-reports-overview/authorised-reports/ |title=Authorised reports |publisher=New South Wales Law Reports |accessdate=27 October 2012 }}</ref> Fewer than 10% of all judgements are eventually selected for publishing.<ref name="pupr">{{cite web |url=http://nswlr.com.au/nsw-law-reports-overview/publishing-process/ |title=Publishing process |publisher=New South Wales Law Reports |accessdate=27 October 2012 }}</ref> |
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As a result of the careful selection of only significant cases for reporting, the preparation of concise and accurate headnotes, and the careful proofing of judgments, the NSWLR are a very valuable resource. They are quite different from collections of the vast number of unreported decisions that are made freely available by New South Wales courts. [[File:NSWLR online report.jpg|thumb|A report on the NSWLR website.|left]] |
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The current editor is [[Bret Walker]] {{post-nominals|country=AUS|SC}} who has held the position since 2006. |
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The NSWLR are published in hard copy and electronically. The hard copies take the form of 12 soft cover parts and 3 bound volumes per year (with 4 parts per volume). They are available as an annual print subscription from the council. Electronic copies of single cases are available for purchase from the NSWLR website on a pay-per-view basis for a modest fee.<ref>{{cite web |title=NSWLR - Home |url=https://nswlr.com.au/ |access-date=4 March 2023}}</ref> In addition, the whole of the NSWLR series is licensed to [[LexisNexis]] and [[Thomson Reuters]] for publication as part of their online platforms in Australia. The council offers online subscriptions to international subscribers. |
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From 1900 to 1950 the reports were known as the State Reports (New South Wales).<ref>*{{cite web |url=https://nswlr.com.au/sr-nsw |title=State Reports (NSW) |date=1900–1950 |via=nswlr.com.au}}</ref><ref>{{cite web |url=http://www.austlii.edu.au/au/cases/nsw/NSWStRp/ |title=State Reports (New South Wales) |date=1900–1950 |via=Austlii.edu.au}}</ref> The NSW Law Reports currently holds a monopoly on certain reported cases; these cases are not available to the public (unlike High Court cases, which are freely available to the public). Instead, these cases are licensed out to providers such as Thomson's Reuters, who sell subscriptions to the cases; or they are sold individually on the NSW Law Reports website (for $18 + GST per case). |
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The NSWLR began in 1970, following the establishment of the Council of Law Reporting by the [https://legislation.nsw.gov.au/view/html/inforce/current/act-1969-059 ''Council of Law Reporting Act 1969'' (NSW)]. They replaced the State Reports, New South Wales (which began in 1901) as the authorised reports in New South Wales.<ref>{{cite web |title=NSWLR - State Reports |url=https://nswlr.com.au/sr-nsw |access-date=4 March 2023}}</ref> |
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The current Editor of the NSWLR is Perry Herzfeld SC who has held the position since 2022. Previous editors have been: |
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* Francis Hutley QC (1971 to 1972); |
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* [[Ken Gee (judge)|Kenneth Gee QC]] (1972 to 1974); |
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* Robert Howell QC (1974 to 1979); |
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* [[Dyson Heydon|Dyson Heydon KC]] (1980 to 2000); |
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* Naida Haxton (2000 to 2006); |
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* [[Bret Walker|Bret Walker SC]] (2006 to 2018); and |
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* Dr Elisabeth Peden SC (2018 to 2022). |
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==See also== |
==See also== |
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{{Portal|New South Wales}} |
{{Portal|New South Wales}} |
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* |
*[[List of Law Reports in Australia]] |
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*[[Australian |
*[[Australian legal system]] |
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*[[Law of Australia]] |
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{{Clear}} |
{{Clear}} |
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==External links== |
==External links== |
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* [https://nswlr.com.au/ NSWLR - Home] |
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*{{cite web |url=http://www.austlii.edu.au/au/cases/nsw/NSWLeggeSC/ |title=Legge's Supreme Court Cases (NSW) |date=1830–1863 |via=Austlii.edu.au}} |
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*{{cite web |url=http://www.austlii.edu.au/au/cases/nsw/NSWLawRp/ |title=Law Reports (New South Wales) |date=1856–1900 |via=Austlii.edu.au}} |
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*{{cite web |url=http://www.austlii.edu.au/au/cases/nsw/NSWKnoxRp/ |title=Knox's New South Wales Supreme Court Reports |date=1873–1877 |via=Austlii.edu.au}} |
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[[Category:Case law reporters]] |
[[Category:Case law reporters of Australia]] |
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[[Category:New South Wales law]] |
[[Category:New South Wales law]] |
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{{Australia-law-stub}} |
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Latest revision as of 01:28, 18 July 2023
The New South Wales Law Reports (NSWLR) are the authorised reports of the superior courts of New South Wales, Australia. The reports are published by the Council of Law Reporting for New South Wales.
Cases reported in the NSWLR are selected by the Editor on the basis of their significance in relation to the interpretation, development or application of the law in New South Wales. Of the thousands of judgments delivered each year by the Supreme Court of New South Wales (including the Court of Appeal and Court of Criminal Appeal) only a fraction are selected for reporting.[1]
Every report contains a headnote drafted by a practising barrister or solicitor, reviewed by an Assistant Editor and approved by the relevant court. Counsel involved in a case are also asked for comment. Each headnote includes catchwords, appearances, a summary of facts and holdings. The catchwords give a summary classification of the matters dealt with in the case. The holdings are the grounds for decision. All citations, quotations and references in the text of a judgment are checked, and corrected if necessary, and the text conformed to the council's own style guide by the council's editorial staff.[2]
As a result of the careful selection of only significant cases for reporting, the preparation of concise and accurate headnotes, and the careful proofing of judgments, the NSWLR are a very valuable resource. They are quite different from collections of the vast number of unreported decisions that are made freely available by New South Wales courts.
The NSWLR are published in hard copy and electronically. The hard copies take the form of 12 soft cover parts and 3 bound volumes per year (with 4 parts per volume). They are available as an annual print subscription from the council. Electronic copies of single cases are available for purchase from the NSWLR website on a pay-per-view basis for a modest fee.[3] In addition, the whole of the NSWLR series is licensed to LexisNexis and Thomson Reuters for publication as part of their online platforms in Australia. The council offers online subscriptions to international subscribers.
The NSWLR began in 1970, following the establishment of the Council of Law Reporting by the Council of Law Reporting Act 1969 (NSW). They replaced the State Reports, New South Wales (which began in 1901) as the authorised reports in New South Wales.[4]
The current Editor of the NSWLR is Perry Herzfeld SC who has held the position since 2022. Previous editors have been:
- Francis Hutley QC (1971 to 1972);
- Kenneth Gee QC (1972 to 1974);
- Robert Howell QC (1974 to 1979);
- Dyson Heydon KC (1980 to 2000);
- Naida Haxton (2000 to 2006);
- Bret Walker SC (2006 to 2018); and
- Dr Elisabeth Peden SC (2018 to 2022).
See also
[edit]
References
[edit]- ^ "NSWLR - About the Council". Retrieved 4 March 2023.
- ^ "NSWLR - About the Council". Retrieved 4 March 2023.
- ^ "NSWLR - Home". Retrieved 4 March 2023.
- ^ "NSWLR - State Reports". Retrieved 4 March 2023.