Anderson v Anderson [2026] QCA 50
In this case, it was argued that the trial judge erred in law by considering policy before consulting the text. This was rejected. Brown JA quoted cases for starting with the text and also considering context in the widest sense ‘at the first stage of the process …’
Comment – the requirement to have regard to both things ‘at the same time’ is entrenched8. This may present a dilemma for interpreters. Episode 66 grapples with how to address both things at once by reference to a Circle of Meaning model. In practice, this involves moving back and forth (often multiple times) between text, context and purpose testing the fit of what is found against the textual words9.
This principle is from Episode 132 of interpretation NOW!
Footnotes:
8 Rohan [2024] HCA 3 [25], Palmanova [2025] HCA 35 [6] illustrate.
9 aka ‘hermeneutic circles’ – Campbell & Campbell (2014) 39 ABR 1 [4.6].