Updating cases / noting up a case
To ensure the cases are still 'good' law (i.e. not overruled by subsequent cases) ...
- Research the judicial history of a case to ascertain whether the case has been overruled by subsequent cases or it is still being used.
- Checking a case's judicial history may also alert you to more recent judgments on your topic. This task is usually referred to as noting up.
- Noting up Australian cases is done by using a case citator. Common Australian case citators are Legal Online: FirstPoint, and LexisNexis AU: CaseBase
- The most noteworthy annotations in a case citator are: disapproved, overruled, applied and followed.
- A detailed description of these terms can be found:
Legal Online: -> FirstPoint -> Help -> Status Symbols Guide
LexisNexis AU: -> Help -> CaseBase Court Annotations
- Annotations differ between databases.
Example of the judicial history of the case Yorta Yorta v Victoria:

This case has not been overuled and is still good law.
[Image used by permission of Legal Online.]
Using Legal Online: FirstPoint
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Revised:
13-Sep-2011 12:49
Page content by: Law Team
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