LAW5000 · Australian Legal Reasoning and Methods
Legal Research: Finding the Law
The library classes teach the practical research craft the 30% Research Assignment is built on: designing a research strategy, finding and updating legislation (short title, version, commencement), finding case law and checking it is still good law with a citator, and using secondary sources critically. Efficient, well-recorded research — and knowing which source answers which question — is directly assessed and quietly saves hours.
What this chapter covers
- 01Designing a research strategy: from facts to legal issues to search terms
- 02Primary vs secondary sources — and when to reach for each
- 03Finding legislation: short title, version number, amendments, commencement provision, definitions
- 04Finding case law and reading a citation; law reporting explained
- 05Checking a case is still 'good law' with a citator (later treatment: followed, distinguished, overruled)
- 06Secondary sources: textbooks, journal articles, legal encyclopaedias, law-reform reports
- 07Evaluating sources — the CRAAP test (Currency, Relevance, Authority, Accuracy, Purpose)
- 08Recording sources for AGLC4 referencing as you research
Building a research strategy and pinning down the right version of an Act
- +1From facts to issues to sources. Translate the problem into legal issues (does a statute govern public holidays? does it let a council substitute a day, and on what conditions?), then decide the source order: primary legislation first, secondary sources only to orient yourself. This is the CRAAP-informed strategy step.
- +1Find the Act and the right version. Search a legislation database for the governing Act by subject and short title, then open the CURRENT consolidated version — note the version number and the 'amendments as at' date, because an out-of-date version can state repealed rules.
- +1Locate and read the operative provisions. Use the Act's table of provisions to find the definitions section and the substituting-a-day provision; read the conditions precisely (for example, any notice period or who may request the change), because the answer usually turns on a threshold requirement.
- +1Verify it is good, current law. Confirm no later amending Act has changed the provision (check the amendment history / a citator for any pending or commenced changes), and record the citation in AGLC4 form as you go so the footnotes are ready for the Research Assignment.
Key terms
- Research strategy
- A planned sequence for answering a legal question — translating facts into issues, choosing search terms, and deciding the order in which to consult primary and secondary sources efficiently.
- Primary vs secondary sources
- Primary sources state the law itself (legislation and cases); secondary sources describe or analyse it (textbooks, journal articles, encyclopaedias). Secondary sources orient your research but are not the law.
- Consolidated version
- The up-to-date, amendment-incorporated text of an Act, identified by a version number and an 'amendments as at' date. Using the correct version is essential — an old version may state repealed rules.
- Citator
- A research tool that lists how a case has since been treated by later courts (followed, applied, distinguished, overruled) and whether it is still 'good law'. Essential before relying on any case.
- CRAAP test
- A checklist for evaluating a source — Currency, Relevance, Authority, Accuracy and Purpose — used to decide whether a secondary source is reliable enough to cite.
- Good law
- A description of a case (or provision) that remains authoritative and has not been overruled, reversed or repealed. Confirming a source is still good law is a required research step.
Legal Research: Finding the Law FAQ
What is the difference between primary and secondary legal sources?
Primary sources are the law itself — legislation and case law. Secondary sources are commentary on the law — textbooks, journal articles, legal encyclopaedias and law-reform reports. Good practice is to use secondary sources to understand and map an area quickly, then base your actual advice on the primary sources you locate and verify.
How do I make sure I'm using the current version of an Act?
Open the consolidated version on a legislation database and check its version number and the 'amendments as at' date, then confirm no later amending Act has changed the provision. Using a superseded version is one of the most common research errors and can lead you to state a rule that has since been repealed or amended.
Why do I need a citator for cases?
Because a case can be overruled, reversed or heavily distinguished by later courts, a citator tells you whether it is still 'good law' before you rely on it. Citing a case that has since been overturned undermines your advice and costs marks in the Research Assignment — checking later treatment is a required step.
Can Sia help me plan legal research?
Yes. Ask Sia to help you translate a problem into research issues, sequence primary and secondary sources, or explain how to read a case citation and check it with a citator, step by step. It teaches the research method and checks your plan; it does not do your graded assignment for you, and Monash academic-integrity rules apply.
Exam move
Research is assessed craft, so build a repeatable workflow and reuse it. For any problem, write the issues first, then move outside-in: a secondary source to orient yourself, then the primary legislation and cases to ground the advice. Make version-checking a reflex — always note the version number and 'amendments as at' date of an Act, and run every case through a citator before relying on it. Record every source in AGLC4 form as you find it, so your footnotes are half-built before you start writing; this alone lifts the presentation-and-referencing marks. Use the CRAAP test to weed out weak secondary sources. Practise on the library-class exercises until finding and verifying an Act's current version is quick and confident. Ask Sia to set you a fresh research problem and to review your strategy and source order.
Working through Legal Research: Finding the Law in LAW5000? Sia is AskSia’s AI Law tutor — ask any LAW5000 Legal Research: Finding the Law question and get a clear, step-by-step explanation grounded in how LAW5000 is taught and assessed. Read this chapter free, then take your hardest questions to Sia.
