Charara v Waverley Council [2021] NSWLEC 1650
Charara sought consent to add a mezzanine floor to his house in Bronte in breach of the applicable Floor Space Ratio standard. He succeeded by showing (A) the standard was unreasonable and unnecessary, (B) there were sufficient other grounds met, and (C) that public interest elements were satisfied.
Unapproved modifications already undertaken, however, …
Re K and M [2021] NSWSC 1314
In this family law case, Sacker J (at [32]) repeats the point that extrinsic materials may be taken into account without first having to find ambiguity or other difficulty. This is timely given the confusion which still appears to cloud the issue.
The instruction in CIC Insurance to consider context in the ‘widest …
Programmed v CILSLPB [2021] WASCA 208
What did ‘site’ mean in the definition of ‘construction industry’ in long service leave legislation?8 Martin J drew attention to the assumption that all words are assumed to have meaning and affect. This, he described (at [63]) as legislative words being ‘afforded some measure of coherent utility’9.
Consistent with the statutory …
Commissioner v Aristocrat [2021] FCAFC 202
Aristocrat sought to patent a ‘system or method for providing a feature game’ on poker machines12. Was the claim for a ‘manner of manufacture within the meaning of s 6 of the Statute of Monopolies’?13
Although ‘manner of manufacture’ appears in the legislation, its meaning is not resolved by the ordinary …
The High Court in Port of Newcastle said the principles of interpretation are ‘familiar’ and ‘can seem banal’1. This case, about ‘access’ to port facilities2, is a refresher on four of those principles. 1 – The term is read as ‘always speaking’3. 2 – It is construed within its ‘broader context’. 3 – The …
Sunland Group v Gold Coast CC [2021] HCA 35
A developer argued that it was subject to lower infrastructure contributions under earlier DA conditions rather than at a higher rate under later planning legislation. All the judges rejected this.
Gordon J (at [18-19]) emphasised that the duty to attribute legal meaning to the text ‘remains constant, regardless of whether the …
Buddhist Society WA v FCT (No 2) [2021] FCA 1363
The ATO revoked the DGR status of the society. The latter argued that, by doing this and seeking further information8, the ATO now had a reverse onus to show why the society was not entitled to DGR status.
This was rejected by the judge (at [36-38]) because the …
Addy v FCT [2021] HCA 34
A UK national on a working holiday visa was taxed at a higher rate than an Australian national would be. She said this was unlawful under a treaty because it subjected her to ‘other or more burdensome’ taxation than Australians ‘in the same circumstances …in particular with respect to residence’10.
The court …
Patten v Mareangareu [2021] VSCA 295
A police officer was convicted of offences and dismissed. The convictions were later quashed and he sought reappointment13. The trial judge said the power to reappoint ‘should be construed beneficially for the police officer’ and ordered reappointment.
The appeal court, however, held (at [57]) that to identify a beneficial purpose up-front ‘may …
Statutory interpretation was once seen as a ‘non-subject’1 and judges told people not to read books on it2. We now live in ‘the age of statutes’, however, and things could not be more different. Working out what statutes mean is the singular most important legal skill to have in the 21st century. Textbooks are crucial to …
