Objects and long-title

Lynn v NSW [2016] NSWCA 57

This case makes the point (at [54]) that the objects clause and long title of an Act can be taken into account as aids to construction – you knew that!  The first rule, however, is that these things cannot be used ‘to contradict any clear and unambiguous language’, although they may assist in resolving uncertainty5.  Pearce & Geddes (at [4.47-4.58]) explains this in detail under Framework of the Act

Also, avoid using policy objects expressed at very high levels of generality to dictate the meaning of provisions – be careful6iTip – look to see if objects clauses or long titles may affect interpretation, but remember the limits of their influence.

This case is from Episode 12 of interpretationNOW!


Van Heerden v Hawkins [2016] WASCA 42 (at [97]).

6  Revisit Episode 6 (the policy episode) on this point.