Calculation of time

Waterfront Place v Minister [2018] VSC 621

This case is important for 2 reasons.  First, it makes the point (at [16]) 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 [2002] 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.