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AGLC4 referencing style: Sources Referring to Other Sources

This guide provides basic information on formatting references according to the Australian Guide to Legal Citation (4th ed.)

Rule 1.3 Sources Referring to Other Sources

 

When you reference, it is preferable to cite the original source. However, you may need to show that one source is referred to in another source. You can do this by using various phrases such as "quoting" / "quoted in", "discussing" / "discussed in" and "citing" / "cited in". 

The table below includes phrases that can be used, as well as when they can be used:

Phrase When to use it
quoting The first source quotes the second source directly - direct quote.
quoted in The first source is quoted directly in the second - direct quote.
citing The first source refers to the second source - but does not quote directly.
cited in The first source is referred to in the second source - but not quoted directly.  
discussing The first source discusses the second source.
discussed in The first source is discussed in the second source. 

Here is an example from the Australian Guide to Legal Citation 4:

Peter Handford, 'Through a Glass Door Darkly: Jones v Bartlett in the High Court' (2001) 30 University Law Review, 75,  cited in Tina Cockburn, 'Duty of Care of Landlords Residential Premises' (2001), 20(2) University of Tasmania Law Review 206. 

Some points to consider when you use this rule: 

  • The phrase you will use will depend on the context of the reference.
  • The phrase you use should be preceded by a comma.
  • The footnote will effectively include 2 sources: the first listed source and the second source.
  • You don't need to include both sources in your Bibliography. You only need to cite the source you accessed in your Bibliography, not the secondary citation that is refereed to.

For instance: 

The Footnote entry would be... The Bibliography entry would be

18 Cunliffe v Commonwealth (1994) 182 CLR 272, quoted in Sarah Joseph and Melissa Castan, Federal Constitutional Law: A Contemporary View (Lawbook, 4th ed, 2014) 319. 

Joseph, Sarah and Melissa Castan, Federal Constitutional Law: A Contemporary View (Lawbook, 4th ed, 2014) 
  • You should aim to access original sources when you can, but this may not always be possible. For instance, you may come across a useful reference in an article you are reading. If you can't locate the other reference, then in this instance, you will need to use the Sources Referring to Other Sources Rule. What phrase you use will depend on context, but in these situations you should use either quoting, quoted in, citing or cited in. 

You can find Rule 1.3 on pages 8 - 9 of the Australian Guide to Legal Citation 4

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