This case is important for 2 reasons. First, it makes the point (at ) that legislation and Interpretation Acts must ‘work together’12. Second, it illustrates that statutory timing questions are always tricky13.
The issue was whether a ‘call in notice’ terminating a proceeding for policy/planning reasons was given within time – that is, ‘no later than 7 days before the day fixed for the hearing …’14 The hearing was for Monday 30 July and notice given Monday 23 July. CLICK HERE for the interpretation provision15. Garde J held the notice was within time and effective. Key points – first day not counted, last day is counted, holidays extend time, no contrary intention shown.
This case is from Episode 42 of interpretationNOW!
12 AIRC  HCA 42 (at [7-8]), Pearce (at [1.1]).
13 Pearce (at [4.23-4.41]) generally.
14 clause 58(3)(b) in S1 to the VCAT Act 1998 (Vic).
15 cf s 36 of the Acts Interpretation Act 1901.