Leeming JA states in a recent case1 – ‘The task is to construe the difficult language enacted, rather than better language that was not enacted’. This arose in the context of the meaning of ‘custody’ under high risk offenders legislation, where relevance of the presumption against surplusage became an issue. Leeming JA emphasised that the presumption is just that …
AK Ippolito v Family Farm [2026] FCA 780
This case turns on the meaning of ‘benefit’ for certain Corporations Act purposes, defined as follows – benefit ‘(a) means any benefit, whether by way of payment of cash or otherwise …’. Wheatley J noted that statutory definitions are given their ordinary meaning, and that limitations are not read into them ‘unless …
Harris v Planning Authority [2026] ACAT 35
Arthur SM (at [113-115]) commented on the use of ‘and/or’ in documents. What is called the ‘bastard conjunction’5, the senior member noted, is the product of lazy drafting and is inherently ambiguous. Two earlier cases collect the various criticisms6.
It has been called an ‘embarrassing expression which endangers accuracy’…
Co-Operative Bulk v Martinus [2026] WASCA 82
The phrase ‘in accordance with’ is common and takes its colour from its context10. Regulations said that a document is given by email when it is taken to be received by the person ‘in accordance with’ relevant electronic transactions laws – that is, when it is capable of being retrieved by …
Hani v Bank Audi SAL [2026] SASC 107
When Hani sought recovery of funds from a Beirut bank, interpretation of Lebanese statutes became an issue. As our courts know not foreign law13, its meaning is a question of fact to be proved by expert evidence14. Stein CJ (at [710]) noted that the expert gave unchallenged evidence …
In a ceremonial sitting of the High Court for Sir Anthony Mason, Gageler CJ called out the late chief justice’s ‘assimilation of taxation legislation into the mainstream of statutory interpretation together with Wilson J in Cooper Brookes …’1 It was said in that case that the fact ‘that an Act is a taxing statute does not make it immune …
Commissioner v Special Situations [2026] QCA 98
This case illustrates the point made in Cooper Brookes above. The issue was whether certain shares were ‘group property’ under State land-rich provisions3. Gotterson AJA quoted the High Court in Alcan, saying that ‘tax statutes do not form a class of their own to which different rules of construction apply’…
Diab v Secretary [2026] NSWSC 693
The Secretary sought to cancel Diab’s contractor licence to do residential work. A licence ‘must’ be cancelled if the Secretary ‘would be required to refuse’ a licence, but ‘may’ be issued if the Secretary is satisfied there is ‘no evident risk to the public’ 7. Diab argued that the Secretary was not ‘required’ …
Maple Media v Monash CC [2026] VSC 330
Many cases deal with how development consents and planning permits are to be read9. The common theme is that, while there are nuances, the ordinary principles of statutory interpretation apply generally to these instruments10. This case provides a twist.
Gray J (at [61]) noted that some of those …
Moore v Martin [2026] NSWSC 493
This case on the meaning of ‘serious harm’ for defamation purposes makes 2 important points.
The first (at [24]) is High Court mantra – The starting point for the ascertainment of the meaning of a statutory provision … is the text of the statute, whilst at the same time regard is had to context …
