Alliance Australia v Abawi [2025] NSWCA 85
An issue in this case was whether regulations made under a statute were extrinsic materials for the purposes of assisting determination of what ‘soft tissue injury’ means in the statute. The court said ‘no’.
Regulations made after enactment cannot be taken into account. But those made at the same time as the statute …
Monaltrie Area CAI v Santin [2025] NSWLEC 38
Subject to minor nuances, development consents are to be read in the same way as statutes7. In Monaltrie, Robson J (at [37-40]) makes 2 valuable points.
First, a development consent is to be interpreted ‘having regard to its enduring nature which encourages a fair but liberal reading of the …
Rainforest [2025] FCA 532, Panesar [2025] FCA 477
Two recent cases comment on treaty interpretation.
In Rainforest (at [121]), Shariff J noted – ‘it is difficult to see a material difference between the principles governing the interpretation of international treaties and those ordinarily adopted in respect of domestic legislation’11. In Panesar (at [97]), Feutrill J said – …
Archer v Minister [2025] FCA 471
Archer migrated in 1965 and held a permanent visa. After conviction as an accessory to murder, her visa was cancelled on character and other grounds12. The judge intimated that the cancelling provision was ‘to be construed by reference to the established principle … requiring strict construction of an Act which affects the …
Detector Inspector v CoInvest Ltd [2025] VSC 135
Given long service leave charges paid to a fund were a ‘tax’3, it was argued (A) that related rules should be read narrowly, and (B) that, where two meanings are reasonably open after applying the ordinary rules of interpretation, the issue should be resolved in favour of the taxpayer4…
Charlie [2025] FCAFC 55, KP [2025] NSWCA 69
These cases illustrate the caution necessary when applying the Anthony Hordern principle – that an express power subject to conditions excludes reliance on a general power over the same subject matter7. Charlie (at [52-55]) says that the ambit of the express power must be wholly within or subsumed by the …
Harris v Military Rehabilitation [2025] FCA 381
In this case, McEvoy J (at [26]) quotes as follows10 –
‘The current approach to statutory interpretation involves courts assuming that those drafting legislation, and parliaments which enact it, are familiar with the general principles of statutory construction, and that courts will take statutory language as they find it, read with the …
Gamage v Riashi [2025] NSWCA 84
At issue was whether ICAC could itself launch prosecutions against persons it had investigated. Basten AJA answered ‘no’. There was no express or incidental power permitting ICAC to launch prosecutions14. This was despite the fact later parliamentary debates on amendments had referred to the ‘practice’ of ICAC commencing prosecutions which were later …
Bogan v Estate of Smedley [2025] HCA 7
The general prohibition of contingency fees is subject to an exception in Victoria for ‘group costs orders’. It was held that making an order of this kind was relevant to whether the proceedings should be transferred to NSW. The transferee court was required to deal with the proceeding ‘as if’ steps taken …
Hanave [2025] NSWLEC 19, Hixson [2025] NSWSC 192
Two aspects of transitional provisions are touched on in these cases. Hanave (at [62]), emphasises their temporary nature. The judge observed that ‘transitional’ means passing from one condition to another. It was added that provisions of this kind are meant to be ‘passing’ and not forever applicable.
In Hixson (at [55]) …
