Legal research with authoritative sources 

Legal research is not just a search exercise. It is a process of deciding which source should answer which kind of question.

Start with the authority that carries the legal force

If the question is about the text of a Commonwealth Act, begin with the Federal Register of Legislation. If the question is about a current High Court decision, begin with the High Court judgments collection. If the issue is state legislation, move to the official legislation portal for that jurisdiction.

Use AustLII strategically

AustLII is often the fastest place to search across jurisdictions or locate older materials. It is a powerful research database, but students should still ask whether the document should later be checked against an official source for currency or publisher status.²

Build a research trail

A disciplined research note should record:

• the legal issue;
• the jurisdiction;
• the search path used;
• the source selected; and
• any unresolved currency or scope questions.

That trail matters because legal research often moves through several drafts before the final answer is stable.

Know when the source is explanatory rather than authoritative

University library guides, textbooks and study notes are often excellent for orientation. They can help students identify the right court, statutory scheme or citation pattern. But they should not silently replace the primary source.

Cross-jurisdictional caution

An Australian law topic may seem general while actually depending on state or territory variation. Always check whether the point is national, Commonwealth-specific or jurisdiction-specific before concluding that one source settles the matter.

A practical research trail

A research trail is a short record of how you got from problem to authority. It does not need to be elaborate, but it should be clear enough that another person can repeat the work. Record:

• the date searched;
• the jurisdiction;
• the source used;
• search terms;
• authorities found;
• treatment checked; and
• the reason each authority was accepted or rejected.

For example, a Commonwealth statutory interpretation problem might begin at the Federal Register of Legislation, move to the relevant Act and provisions, then to High Court cases interpreting similar language, then to explanatory material if s 15AB permits its use.¹

From problem facts to search terms

Translate facts into legal categories. A complaint about a government decision may become administrative law, jurisdictional error, procedural fairness and statutory power. A disagreement about contract performance may become construction, breach, termination or remedies. Good search terms come from legal issues, not just the client's narrative.

Noting up without losing the thread

When you find a useful case, check later treatment before relying on it. If a later case distinguishes it, ask whether that distinction matters for your facts. If a later case disapproves it, do not quietly cite the older case as if nothing happened.

Responsible use of secondary guides

University guides can teach research habits, citation formats and database pathways. They are not a substitute for the legislation or judgment itself. Treat them as maps, not destinations.

For a fuller treatment of citation mechanics, read Authority treatment and citation practice.