Karam v Close the Loop [2026] VSC 270
An issue in this case was whether High Court cases on the meaning of an expression in fair work provisions were binding in a retail leases context.
Croft J noted that statutory construction ‘differs from that in distilling the common law from past decisions’. The starting point with legislation is always the text of the statute, ‘not the common law’11. The meaning of statutory text only binds a later court on ‘the same text in the same provision in the same statute’, the judge said12. Given the differences in the two regimes, Croft J (at [254]) held that the High Court cases were not relevant. iTip – treat legal dictionaries with proper caution.
This principle is from Episode 133 of interpretation NOW!
Footnotes:
11 Calidad [2020] HCA 41 [204], BDM [30.3] cited.
12 BDM [30.3], Carter [1975] 1 WLR 1204 (1206) cited.