Herbert v NSW  NSWSC 1703
Coherence is an emerging buzzword9. This case (at ) says the modern approach to interpretation ‘permits regard to be had to how a related statute deals with a particular topic to arrive at a coherent view of the body of law’. Coherence of this kind is at a level above coherence merely within a statute10.
The more usual role of coherence lies in the choice between alternate meanings within a statute11. Coherence is neither new nor unanticipated in the world of statutes. It captures the idea of systemic consistency but is suggestive of something more. iTip – always try to harmonise provisions coherently as a whole in line with context and purpose.
This case is from Episode 56 of interpretation NOW!
9 Barnes (ed) Coherence of Statutory Interpretation illustrates.
10 Episode 43 (case 10), SAS Trustee  HCA 55 (at ).
11 cf Melbourne Apartment  FCA 2118 (at [90-92]).