Writing a case note

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LAWS216/LAW316

What is the point of a case note?

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because it is an example of judicial legislation eg

Donohue v Stevenson introduced the law of

negligence
because it made substantial changes to an existing
area of law
because it is a case that captures extensive public
interest. Mabo No 2 caused public outcry.
because it is manifestly wrongly decided and
should not represent the law eg Say-Dee v Farah
(since overturned by the High Court).

Your task
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Place a case chronologically and philosophically within

a particular area of legal interest.

What to put in a case note

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Identify the area of law that you are asked to look at and
develop a theme for your casenote.
Bogdanovic v Koteff The sanctity of the Torrens title register is

preserved by granting indefeasible title to volunteers

Breskvar v Wall confirmed the principle of immediate
indefeasibility in Australia
Clos Farming Estates v Easton The court refuses to embrace novel
interests over Torrens land created through the law of easements.
Illustrates the distinction between contractual rights and property
rights
J & H Just (Holdings) PL v The Bank of New South Wales Failure
to caveat alone will not lead to a loss of priority of an interest in
Torrens land.

The Introduction
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1. The Introduction
Tell the reader what you intend to discuss in your

case note
Give 3 or 4 short statements of the basis for this
opinion
Provide a map of the structure of your paper

What to put in a case note

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2. Discuss the facts

Briefly describe the facts of the case. Restraint is
essential. You have to decide which of the facts were
relevant to the ultimate decision.

What to put in a case note

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3 Discuss the decision and rationale of the case.

Suggested points of consideration:
was the decision warranted on the facts?
was the reasoning consistent with the decision or was the court attempting to

reach a decision on the basis of justice, fairness or the particular circumstances of

the case?
did the court properly use and refer to previous authority if any existed?
was the decision unanimous or were there differences of opinion.
Was the reasoning of all the judges consistent or were there a variety of bases
(Waltons Stores for example, Bahr v Nicolay)
Did the decision introduce a new area of law or substantially change an existing
area?

What to put in a case note

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4.

Critically Analyse the decision

Do you agree with the decision?

Did it achieve what the court intended, ie has some policy

objective been supported?

Has the court caused injury to traditional legal
formulations in giving its decision?
Do you think that it is likely that this case will be followed?
If this decision sent the law in an undesirable direction
what do you think the result should have been and why?

What to put in a case note

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5. Conclusion

Link your conclusion to your introduction with a brief

statement of where your arguments have led your
reader.

Cases for 2015 final examination

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Breskvar v Wall (1971) 126 CLR 376

Theodore v Mistford Pty Ltd (2005) 221 CLR 612
Sun North Investments Pty Ltd v Dale [2013] QSC

44
Gumland Property Holdings Pty Ltd v Duffy Bros
Fruit Market (Campbelltown) Pty Ltd 234 CLR 237
Hobbes v NSW Trustee & Guardian [2014] NSWSC
570