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 – …
In Badari, access to extrinsic materials in the interpretation of court orders is considered by the High Court1. Importantly, the court said that ‘as is generally the case with the interpretation of written instruments, there is no threshold requirement before extrinsic context can be considered’. This appears to clear up any residual uncertainty as to whether ambiguity …
Hvalica v Wollongong CC [2025] NSWLEC 119
This case is about the scope of extrinsic materials available in determining purpose around whether words could be read into an environmental plan4.
The judge (at [58-60]) referred to the ‘liberality’ of the modern approach, and that ‘indeed any material that may throw light on the meaning’ of the instrument could …
Farmer v Minister [2025] HCA 38
Edelman J (at [105]) said the presumption against surplusage in statutes ‘seldom … carries great weight’7. The corollary that all words are to be given meaning and effect therefore has a similar status. Importantly, the presumption ‘carries almost no weight when the provision is part of a scheme of overlapping circumstances’, as …
Bilal v Ampol Australia [2025] FedCFamC2G 1724
The idea that the law does not concern itself with trifling matters is frequently invoked – see Episode 33. This case (at [91-93]) illustrates 3 things – (1) The law as stated by Hill J in Farnell remains correct10. (2) The principle is a rule of thumb rather than a rule …
Ziegler v FCT [2025] FCAFC 168
Section 33(3) of the Acts Interpretation Act 1901 says –
Where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character … the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, …
