Federal Court list of authorities practice note - an update

There was an update to the Federal Court of Australia "Lists of Authorities and Citations Practice Note (GPN-AUTH)" on February 15th. http://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-auth

Update: Hyperlinks to case citations in Lists of Authorities

As part of its consultation and feedback process, the Court has received a number of enquiries principally concerning paragraphs 2.2 of the Lists of Authorities and Citations Practice Note (GPN-AUTH) which was issued on 25 October 2016. These enquiries relate to (1) the requirement to hyperlink cases and (2) how to best hyperlink cases.

The intention of the hyperlink requirement was to utilise the List of Authorities to facilitate the accessing of authorities electronically. Some parties do not have easy access to reported versions of cases (that are accessible through subscription-only databases). Practitioners have also raised queries about whether the Court will be able to access hyperlinks to cases from specific subscription-only databases.

New arrangements:

Although the Court's 12-month review period for feedback has not concluded (and will conclude in October 2017), given the queries about the hyperlink requirement, parties and practitioners are advised of the following new arrangements:

  1. The Court does not require the List of Authorities to be hyperlinked but it remains as an option for parties to adopt if they consider it to be helpful, efficient and cost effective to do so; and
  2.  If a party chooses to include hyperlinks in the List of Authorities, any hyperlink made from a subscriber of a subscription-only database is able to be accessed by another subscriber of the same database. Parties should not be concerned that the Court is unable to access such links.

Following the conclusion of the 12-month review period relevant to the general practice notes, the Court will consider making formal amendments to GPN-AUTH, including amendments giving effect to the new arrangements described above.

Queries regarding any of the Court's practice notes can be made by email to: practice.notes@fedcourt.gov.au.


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