Case Notes
WRITING CASENOTES
Essentially, a casenote is a summary of a case. Christopher Enright,[1] as outlined below, suggests the type of information that should be included in any case summary. You may wish to use these points as a guide to writing your own casenote:
• Formal particulars, including: o The name and citation of the case (ie Mabo v Queensland (No.2) (1992) 175 CLR 1), o Name of the court and judge(s), o Name and status of each party, and o Date of the judgment;
• The facts of the case;
• The prior history of the case in lower courts (if mentioned in the judgment);
• The cause of action or claim involved in the case (for example, the issue on appeal);
• A summary of the judgments, including any dissenting judgments, which should include: o The facts that were considered material or relevant, o The ratio decidendi, o The arguments considered by the court in support of, or against, the principle, and o Any obiter dicta or significant observations by the court;
• Commentary on the impact of the decision on the law.
The following pages contain an example of how a casenote can be presented, as well as a discussion on reading and summarising cases by Richard Krever.
Casenote example (please note that this is only a suggested format):
Penfold Wines Pty Ltd v Elliott (1946) 74 CLR 204
Date of Judgment: 25 November 1946
FACTS
Penfolds Wines Pty Limited ("Penfolds") was a wine producer and seller. Elliott was a licensed hotelier carrying on business at an hotel in NSW. Through embossing on their bottles and notations on their invoices Penfolds informed all those in possession of its bottles that they were to be used only for the purposes of retailing and consumption of Penfold's wines and further, that they always remained the property of Penfolds.
Penfolds
Essentially, a casenote is a summary of a case. Christopher Enright,[1] as outlined below, suggests the type of information that should be included in any case summary. You may wish to use these points as a guide to writing your own casenote:
• Formal particulars, including: o The name and citation of the case (ie Mabo v Queensland (No.2) (1992) 175 CLR 1), o Name of the court and judge(s), o Name and status of each party, and o Date of the judgment;
• The facts of the case;
• The prior history of the case in lower courts (if mentioned in the judgment);
• The cause of action or claim involved in the case (for example, the issue on appeal);
• A summary of the judgments, including any dissenting judgments, which should include: o The facts that were considered material or relevant, o The ratio decidendi, o The arguments considered by the court in support of, or against, the principle, and o Any obiter dicta or significant observations by the court;
• Commentary on the impact of the decision on the law.
The following pages contain an example of how a casenote can be presented, as well as a discussion on reading and summarising cases by Richard Krever.
Casenote example (please note that this is only a suggested format):
Penfold Wines Pty Ltd v Elliott (1946) 74 CLR 204
Date of Judgment: 25 November 1946
FACTS
Penfolds Wines Pty Limited ("Penfolds") was a wine producer and seller. Elliott was a licensed hotelier carrying on business at an hotel in NSW. Through embossing on their bottles and notations on their invoices Penfolds informed all those in possession of its bottles that they were to be used only for the purposes of retailing and consumption of Penfold's wines and further, that they always remained the property of Penfolds.
Penfolds