Can statutes die of old age? The answer seems to be ‘not in law but sometimes in practice’1. Repeal by parliament is needed to kill them off in a legal sense. A statute may fall into desuetude for practical purposes, however, where the ‘tooth of time’ deprives it of all factual application2. The law is also …
Farshchi v The King [2025] HCA 46
F appealed against federal convictions on the basis that directions to the jury under state law diminished the criminal standard of proof7. The trial judge said ‘a reasonable doubt is not … an unrealistic possibility’.
The plurality (at [16]) said that the state law merely carved out things that ‘could not …
NSW Aboriginal LC v Minister [2025] NSWLEC 144
Just because legislation has a general beneficial purpose does not mean all provisions bend to that objective. The issue usually resolves to how far provisions go in progressing a general purpose9. The question here was whether 2 lots claimed by the council were ‘claimable Crown lands’10. The Minister …
Harris v Military Rehabilitation [2025] FCAFC 198
Edelman J recently explained why the presumption against surplusage seldom carries great weight12. In the present case (at [23]), further reasons are suggested by the Full Federal Court. Once it is appreciated parliament has approved a text which includes surplusage, parliamentary supremacy ‘necessarily includes accepting that sometimes parliament might approve the …
Campbelltown Central v CCSR [2025] NSWSC 1568
Bennett J held that ‘confirmation deeds’ involved no declaration of trust for duties purposes. Our interest in the case is twofold. First, the ‘well established’ principles by which contracts are read are set out13. Second, it was confirmed that it is not necessary to find ambiguity before ‘surrounding circumstances’ can be …
When a public authority undertook construction of a light rail project, affected businesses sued in private nuisance for substantial interference with their use and enjoyment of their premises1. They succeeded and were awarded damages. The case illustrates the complexities arising at the intersection of public works and private occupation. In the context of project legislation, the common law …
Otsuka v Sun Pharma [2025] FCAFC 161
This case raises whether a statutory definition may change in meaning when provisions to which it relates are later amended. Otsuka sought extension of its aripiprazole patent on the basis that other ‘pharmaceutical substances’ were disclosed in the patent specification. A ‘pharmaceutical substance’ is defined as a ‘substance … for therapeutic use …’…
Jayasinghe v Perry [2025] VSC 751
Vacant land sold by P to J was subject to a restrictive covenant as to building height to protect ‘rather stunning views’. After the new house exceeded the height limit by 3m, J sought to vary the covenant7. When an issue arose on how the underlying statutory provision was to be interpreted, …
FCT v Runcity Pty Ltd [2025] FCAFC 152
It was argued a consent order made under a general power to extend time for company reinstatement was invalid because specific voidable transaction provisions were the only way to extend time10.
This raised, among other things, the Anthony Hordern principle, and whether the general power to make ‘any other order’ …
Commissioner v Montessori [2025] QCA 153
A charitable trust was established to further indigenous education under the Montessori method at Cape York. With an expansion of operations, the trustee sought charitable institution status13. The sole question was whether the trustee, in carrying out the trust, was an ‘institution’ – answer, yes.
That term took its ordinary meaning – …
