Episode 38

Episode 37 presented the Possum Case1 as a practical illustration of how to do constructional choice.  We emphasised that interpretation turns on ‘evaluation of the relative coherence of the alternatives with identified statutory objects or policies’.  Two more recent cases progress the learning in this space.  The first makes the point that the choice between alternatives is not to be made by recourse to norms external to the statute, like fairness for example2.  The second observes that, in legislative scheme situations, the choice should favour promotion of harmony between the statutory texts3.  We ‘should endeavour to produce a rational, sensible, efficient and just operation’4iTip – these points are valuable further guides for us all.

Gordon Brysland – Tax Counsel Network

See here for the official PDF of interpretationNOW! Episode 38

In this episode:


Writers – Gordon Brysland & Joseph Tranzillo. Producer – Suna Rizalar.

1 Friends of Leadbeater’s Possum Inc v VicForests [2018] FCA 178.

2 Return to Work Corporation v Robinson [2018] SASCFC 32 (at [184]).

3 Mohammadi v Bethune [2018] WASCA 98 (at [36]).

4 Trajkoski [2010] WASCA 119 (at [51-52]) cited, cf Episode 9.