Writing with Footnotes

Footnotes are notes that are placed at the end of a page and used to reference parts of
the text (generally using superscript numbers). Legal writers use footnotes
predominantly to reference case law and legislation.

Footnoting Legislation
The example text below seeks to briefly explain the modern slavery laws of
Australia. Rather than having to explain each section individually, footnotes are
used to allow the writer to synthesise information concisely, rather than
laboriously stating each section in the text itself
Australia has introduced laws with the intention
of eliminating modern slavery in Division 270 of Explicitly introduce the
the Criminal Code 1995 (Cth) (‘the Criminal legislation for the first
Code’). Section 270.3(1)(c) of the Criminal Code reference
makes it unlawful to enter commercial
transactions involving a slave whether inside or
Use of footnotes to
outside Australia, and the prohibition is refer to relevant
extended to forced labour,1 debt bondage,2 and sections.
servitude.3

If referring to the legislation in the text would be disruptive, the writer can simply
explain the effect of the legislation and footnote the entire text. The examples below
provide examples of this style of footnoting.

A civil personal injury claim expires three years after the date on which the
cause of action arose.4

Cruelty towards animals is prohibited in Queensland;5 an example of which is

the prohibition on the removal of cat’s claws.6

The Ibid Rule

Ibid is a Latin word, short for ibidem, which means the same place. It is the term used
to provide a footnote citation that was cited in the preceding footnote. Where you will
footnote the same source several times in a row, the first should be the full reference
details, but the phrase ‘Ibid’ could be used subsequently.

See the footnotes below – the Criminal Code 1995 (Cth) is referenced first, and footnotes
2 and 3 both correspond to this reference. The only thing that will change is the section
numbers being referenced.

 
1
 Criminal Code 1995 (Cth) s270.6A. 
2
 Ibid s270.1A. 
3
 Ibid s270.4. 
4
 Limitation of Actions Act 1974 (Qld) s11(2). 
5
 Animal Care and Protection Act 2001 (Qld) s18. 
6
 Ibid s26. 

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Footnoting Case Law
Referring to cases can be done explicitly, or completely via a footnote. In the first
example the case name is referred to, but the citation (the year, court report, and page
number) are placed in a footnote. In the second example, the flow of the argument was
hindered by the case name and citation, so these were placed in the footnote.

The defendant in R v Brennan & Leach7 had The citation is

imported the illicit abortion drug RU486 from footnoted, leaving only
Ukraine. While Mr Brennan and Ms Leach were the case name
acquitted, doctors were concerned with the safety
implications of illegally imported pharmaceuticals.

High profile abortion cases have raised abortion as a The whole case name
topic for debate in Queensland. In 2016 a 12-year-old and citation is
girl (“Q”) was required to apply to the Queensland footnoted.
Supreme Court to seek an abortion.8 The application
to the court for permission exposed the pregnant girl
to unnecessary scrutiny and delays in treatment,
prolonging any potential humiliation and
embarrassment.

Acronyms and Footnotes

Frequently, the names of reports or organisations are lengthy and interrupt the flow
and meaning of the argument. When this occurs, you can include an acronym in the
text and footnote the full name like in the example below.

The HCDS9 has argued that providing access to Include the acronym
abortion on demand, without needing to gain and footnote
permission, is therefore essential for women who
need to regain control over their bodies and lives.

 
7
 [2010] QDC 329. 
8
 Central Queensland Hospital and Health Service v Q [2016] QSC 89. 
9
 Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee 

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