Corliss v R [2020] NSWCCA 65
The High Court position is that legislative intention is an output of the interpretative process – that is, what parliament is objectively taken to have intended by the words used13. 2 judges in this case now add their names to others who doubt this14.
Johnson J said that to reduce …
In R v A21, the High Court articulated an overall method of statutory interpretation. Although judges and academics have approached this topic before2, A2 is notable for its extended discussion by the majority. Under the heading, ‘Construction – method’, the court outlines a method to be followed. First, the judges reaffirm that the task is ‘to …
Lawson v Minister [2020] NSWSC 186
This case, dealt with in Episode 59, also contains a punctuation issue3 – that being, whether a semicolon separated 2 discrete things within a schedule; or required them to be read together. Ward CJ (at [80]) observed that semicolons may replace ‘and’ as a ‘hierarchically superior punctuation mark if the reader is not …
R v IB (No 3) [2020] ACTSC 103
How might a 1215 UK statute affect territory COVID-19 laws?7 IB sought a jury trial on sexual offences, but ‘trial by judge alone’ was ordered under those laws. IB said clause 29 of Magna Carta, always part of ACT law, guaranteed trial by jury – ‘No freeman shall be taken …
Holdsworth v Police [2020] NSWSC 228
Deeming provisions are always read against the statutory purpose they serve10. Did transitional rules in the 1996 Act deem a firearms prohibition order to continue in force11? The rule preserves orders ‘made under’ the 1989 Act ‘and in force immediately before’ repeal of that Act. The original order was made …
A-G v Melco Resorts [2020] NSWCA 40
Extrinsic materials cannot displace the clear meaning of the text – this is fundamental13. Was legal professional privilege abrogated for witnesses before a casino inquiry having royal commission ‘powers, authorities, protections and immunities’?14
The Second Reading Speech said the same ‘protection’ was preserved as for witnesses before the Supreme Court. …
Are interpretation principles to be thrown out as we grapple with COVID-19? Some thoughts … The legal system must be functional just as much in a pandemic or war as at other times – ‘amid the clash of arms, the laws are not silent’1. Neither the statute book nor the principles for reading it are suspended by emergencies …
ASIC v King [2020] HCA 4
Some may tire of the mantra – ‘text context purpose’ – but the High Court hasn’t. On who is an ‘officer’ of a corporation, the court said it was necessary to consider the provision4 ‘by reference to considerations of text, context and purpose having regard to the mischief at which it was directed’…
Hopkins v Minister [2020] FCAFC 33
Legislation is presumed not to infringe fundamental rights/freedoms in the absence of clear language – the principle of legality6. The task is to identify some right or freedom, then test if it is ‘fundamental’.
H arrived here as an infant in 1967. 46 years later, his permanent visa was cancelled due to …
Lawson v Minister [2020] NSWSC 186
It was argued that the presumption against taking property without compensation8 prevented extinguishment of native title by legislation9. An intention to take must be ‘manifest’, something which requires ‘clear and unambiguous words’10. The provision said that the lands ‘are hereby vested in South Australia for an estate of fee …
