Common law draws a distinction between primary and secondary sources of Law.

Primary sources of Law are Legislation and Case law. These 2 sources represent the Law. 

Secondary sources are just about everything else, but they are not the Law. For example:

• books
• journal articles
• legal encyclopaedia
• Law Reform Commission reports
• loose-leaf services

These sources are sometimes collectively referred to as Legal Commentary.

Why do I need them?

Secondary sources are useful when conducting legal research, as they interpret and comment upon the law. They are great research aids and help you to understand the basics of legal topics and provide context and background on legal topics. They are also fantastic at providing references to key Legislation and leading / landmark Cases on legal topics.

But they are not the Law and should not be cited as legal authority. If you do find content in secondary sources, that you would like to use in your assignments, then you will need to chase up the primary source (Case / Legislation) and reference that as the legal authority. You must not reference the legal encyclopaedia, the book or journal article as the authority! 

Where can I find them?

Look through this Library Guide to find out!

Email your questions to our friendly library staff.

Students

web.uwa.edu.au/askuwa

HDR Students

hdrsupport-lib@uwa.edu.au

UWA Staff

staffsupport-lib@uwa.edu.au

More contact options are available on the Library Contact us page.