Mondelez angles

Mondelez Australia v AMWU [2020] HCA 29

This decision on the meaning of ‘day’ for leave purposes touches various interpretation themes11. One, it offers a clear example of the need always to ‘start with the statute’ (at [14]).  Two, it illustrates the influence an objects clause may have (at [41]). 

Three, the proper role of extrinsic materials is fully explained (at [66-73]).  They cannot displace the text, are not an infallible guide and ‘sometimes get it wrong’12.  Four, ordinary meaning and consistent usage are discussed (at [95-98]).  The words of a statute ‘are not a secret code for lawyers’.  Five, the status of notes as aids to interpretation when they are not part of the Act is discussed (at [17])13.

This principle is from Episode 65 of interpretation NOW!


11  AGS Express Law on 14 August 2020 provides a concise case summary.

12 (at [72]) citing Brooks [2000] FCA 721 (at [68]), Hepples [1992] HCA 3.

13 s 15AB(2)(a) Acts Interpretation Act 1901, X [2007] HCA 4 (at [35-38]).