Forrest v WA (No 2) [2024] FCA 729
Jackson J (at [139-140]) comments on how we are to apply ‘rules of construction’ under our system of interpretation3. We tend to assume parliament is some perfect machine and that the legislation it produces is also perfect. This is a false starting point, however, and not how things work out …
Storty [2024] NSWLEC 1397, Salisbury [2024] SASC 92
In Storty, it was said that development consents, as statutory instruments, are interpreted the same way as statutes5. They are to be read in the standard ‘text>context>purpose’ way6, as a whole, and so as not to undermine the statutory scheme in question7. In Salisbury…
Capral Ltd v CGU Insurance [2024] FCA 775
Jackman J (at [63-71]) provides a convenient guide on how insurance contracts are to be read.
(1) Meaning is determined objectively. (2) The perspective of the reasonable businessperson is to be adopted. (3) It is assumed parties intend to ‘produce a commercial result’9. (…
DPP v Smith [2024] HCA 32
After Smith was charged with child sex offences, the judge convened a ‘ground rules hearing’ from which Smith was excluded12. He argued that this infringed his right to a fair and public hearing. This was rejected. It was held there is no absolute rule that an accused must be present throughout their …
Shafran v Secretary [2024] FCA 621
S challenged a review of his pension on the basis that ‘evidence’ considered was not otherwise admissible. Banks-Smith J (at [113]) held it was intended that pension reviews consider a wide range of material, and that ‘evidence’ here should bear this extended meaning across the statute in question5.
The judge quoted the …
EMJ18 v Secretary DHA [2024] FCAFC 87
What was said in this case (at [52]) about the expressio unius principle calls for comment8. First, always apply the principle with caution9. Second, this is consistent with the general rejection of rigid rules under our ‘modern approach’. Third, even where the principle may be relevant, it may be …
Sharp v Kiama Council [2024] NSWLEC 1360
This case concerned a dispute over residential lot sizes in an environmental plan. Commissioner Espinoza (at [41]) commented on the correct way instruments of this kind are to be interpreted. He quoted Robson J in another case for the following10.
(1) The same principles applied to statutes apply to environmental planning …
Academy Construction [2024] NSWSC 808
DOCAs facilitate voluntary administration by binding the company and others to certain procedures in the administration. This DOCA termination case raises how they are to be read. Black J (at [97]) said they are to be ‘construed as statutes or, more precisely, as subordinate legislation’ rather than as contracts14.
DOCAs derive their ‘operative …
Arrotex Pharmaceuticals v Minister [2024] FCA 522
This case is interesting for Rofe J’s description (at [46]) of the central passage in SZTAL as the ‘axiomatic approach’ to interpretation6. There, the High Court said that, if the ordinary meaning ‘is not consistent with the statutory purpose, [it] must be rejected’.
This principle has its roots in s 15AA. …
eSafety Commissioner v X Corp [2024] FCA 499
The eSC gave a notice seeking to force X (Twitter) to block globally a violent video10. If not blocked, Australians might access the video via VPNs. This raised how far domestic law may reach into the global sphere consistent with the ‘comity of nations’.
Kennett J (at [49-51]) explained that …
