SZTVU v Minister of Home Affairs [2019] FCAFC 30
In this case, the court considered the Migration Act definition of ‘fast track applicant’. It held (at [71]) that the ordinary meaning of ‘applicant’ could not be used as an interpretative aid in construing the definition. To do otherwise would introduce circuity into the process, as the High Court has ruled…
FCT v Armstrong Scalisi [2019] NSWSC 129
Did a notice of tax estimate saying it ‘replaces’ another mean the earlier notice is ‘revoked’ as the act required? Ward CJ (at [151]) said ‘no’. Ordinarily, there is a difference between ‘revoke’ [to take away or cancel] & ‘replace’ [to substitute or refresh].
The former meaning is more consistent with context and …
The modern approach to interpretation takes legislation as ‘always speaking’. This dynamic method, in considering intervening things and the ‘life of the statute’, however, may raise issues about parliamentary sovereignty. There is a necessary tension between a requirement to progressively interpret legislation, against one which looks at meaning at the time of enactment. It is true that parliament knows that …
Unions NSW v NSW [2019] HCA 1
Episode 44 commented that purpose and context are to be considered ‘at the same time’ as the text when interpreting provisions. In this electoral funding case (at [169]), Edelman J makes important observations about statutory purpose and context.
The search for purpose, ‘involves a construct used to determine the meaning of the words’. …
Bupa HI v Andrew Chang Services [2018] FCA 2033
The same principles as apply in the interpretation of statutes apply to legislative instruments – in this case, the Medicare Benefits Schedule. Because the MBS ‘prescribes technical matters’, it is to be construed ‘in light of practical considerations to achieve the most reasonably practicable result’2.
The court also …
Mulpha Australia v CSPC [2018] NSWLEC 179
This case, about an old Sydney building, raised the meaning of ‘land’ in heritage legislation5. The NSW interpretation provision required ‘a construction that would promote the purpose or object underlying the Act …’6. Section 15AA was in this form until amended in 2011 to require a construction ‘that would …
Comptroller v Pharm-A-Care [2018] FCAFC 237
Food classification cases are arid forensic exercises9. Question – are vitamin gummies (1) ‘medicaments’ (free from duty) or (2) ‘food supplements’ (subject to duty) for customs tariff purposes?10 Answer – (1).
The following points are important – (A) the meaning of ordinary words (like ‘food’) is a question of law11…
For many years, senior judges have asked that the ‘teaching of statutory interpretation is given the prominence and priority which its daily importance to modern legal practice warrants’1. Few cases in any court these days do not involve the interpretation of some statutory framework or other2. John Milburn is a QCAT member who also teaches Advanced …
Country Carbon v CER [2018] FCA 1636
This case considers the relationship between purpose and context. Mortimer J (at [118-119]) said there was a ‘contradiction inherent’ in determining purpose, because (A) purpose is the ‘governing tool’ in fixing meaning, (B) purpose resides in the text and structure of the Act, and (C) the text ‘must be given meaning before purpose …
Nature’s Care v AMCL [2018] FCA 1936
Whether fish oil capsules could be described as ‘made in Australia’ depended on whether foreign processing made them fundamentally different in ‘identity, nature or essential character’ to their ingredients5. Was this expression a composite one to which the principles in Sea Shepherd applied?6
‘No’ said Perram J (at [32-34]). As …
