Whai Rawa Railway v BC 201036 [2024] NZCA 207
Episode 92 noted that the frequent instruction of our High Court to have regard to text, context and purpose12 is hardwired into NZ legislation. Section 10(1) of their Legislation Act 2019 says – ‘The meaning of legislation must be ascertained from its text and in the light of its …
Dayney v The King [2024] HCA 22
A legislative code is to be construed ‘without any presumption that it was intended to do no more that restate the existing law’15. D was a meth addict. He killed V with a baseball bat after V produced a gun during a planned burglary at V’s place. D said that everything …
Riverina Solar Pty Ltd [2024] NSWSC 480
How much influence do headings have on interpretation? In 2021, the High Court said the modern approach takes account of headings ‘in much the same way as use is made of extrinsic materials’7.
Riverina concerned the impact of the heading to s 600G of the Corporations Act 2001. Williams J …
ANMF v Barwon Health [2024] FedCFamC2G 376
This case states the interpretation principles which apply to enterprise agreements8. (1) The starting point is ordinary meaning read in context, including the industrial context and history. (2) A generous construction is preferred to a literal one. (3) Words are not to be construed in a vacuum ‘divorced from industrial realities’, …
Two opposing perspectives
Episode 106 focussed on comments by Edelman J on the status of extrinsic materials10. It was said EMs are ‘important and weighty sources of information that invite the available implication that these materials are more reflective of government intent’.
This was applied directly in R v RB11. We should not expect that all …
EXV v Uniting Church [2024] NSWSC 490
Weinstein J refused to set aside under new laws deeds of settlement already concluded between child sex abuse victims and the church14. Similar laws had been enacted elsewhere at the same time. What impact should decisions under those laws have?
The judge (at [166]) drew attention to comments by Gageler J …
Tigers Realm v Commonwealth [2024] FCA 340
Was movement of coal within Russia a ‘sanctioned import’ under regulations?4 That term included where a ‘person … transports goods … and … the goods are import sanctioned goods for a country …’ The coal was ‘import sanctioned goods’ by declaration.
Tigers said ‘transports’ only extended to coal imported into Australia or …
Azimitabar v Commonwealth [2024] FCAFC 52
This case dismissed an appeal from the decision discussed in Episode 997. It confirms that the idea definitions are not read as a source of substantive power is no more than a ‘general principle’8.
Many cases, in fact, have not observed this ‘principle of good drafting’. One of them states …
Ex parte Northern Land Council [2024] NTSC 34
Episode 1 drew attention to comments by Nettle J about statutory obligations which are ‘impossible or impracticable’ to comply with10. This case (at [26-27]) says that impracticable consequences should be avoided where the provisions ‘are susceptible to an alternative construction’11. Further, it was not to be inferred that …
Liquorland v Director [2024] WASC 128
This liquor licencing appeal is an important reminder about what ‘legislative intention’ is and what it isn’t. Lemonis J (at [35]) quoted High Court authority for the point that legislative intention is ‘something of a fiction’15, and that there is never the attribution of some collective mental state to any legislators.
Findings …
