Re ACN 063 346 708 [2018] NSWSC 1709
Notes form part of the Act9 and cannot be ignored for interpretational purposes. If there is a conflict between a note and the text, however, the text always prevails10 – no surprise here. In this case, about reinstatement of a company under the Corporations Act, Rees J (at [34]) relied …
Meskovski v DPP [2018] VSCA 293
When statutory language is re-enacted in a different form, it is generally taken to indicate a different meaning13. This is a natural and common-sense presumption of ordinary usage. Insertion of the word ‘undue’ before ‘hardship’ in the statute, the court said (at [94]), showed parliament’s determination to impose a ‘greater stringency’.
In …
What did parliament mean by the words it used? – that’s always the question. These cases from the modern era tell us the most important things about how to read statutes. Statutory interpretation, first and foremost, is an objective and flexible process1 within which constructional choices almost invariably arise2. Legislative intention is an output of that process …
For over 3 years now, I have watched with interest the progress of iNOW! The 42 episodes serve an important purpose of expanding our awareness of the principles of statutory interpretation – a small but important step towards better tax administration and a stronger tax system. Our 2024 Vision focuses on ‘doing the basics brilliantly’, and being able …
Pfizer Ireland v Samsung [2017] FCAFC 193
Change the words and you change the meaning – that’s standard. Some jurisdictions1, however, have provisions about ‘changes to style’2. s 15AC says that where the later Act ‘appears to have expressed the same idea in a different form of words for the purpose of using a clearer style …
Owners v Multiplex Hurstville [2018] NSWSC 1488
The issue in this building dispute was whether the development manager was liable on warranties as an ‘owner’ under home building laws. ‘Owner’ was defined as the only person ‘entitled to the land for an estate of freehold in possession’ or ‘entitled to receive … the rents and profits of the land …’ …
Burridge v Chief Magistrate [2018] ACTCA 43
An issue in this speeding case was under what provision a delegation of infringement notice functions should be made. The driver said that, as it was done under a general power and not the specific one8, it was invalid – generalia specialibus9.
The majority agreed, noting (at [60]) that …
Waterfront Place v Minister [2018] VSC 621
This case is important for 2 reasons. First, it makes the point (at [16]) that legislation and Interpretation Acts must ‘work together’12. Second, it illustrates that statutory timing questions are always tricky13.
The issue was whether a ‘call in notice’ terminating a proceeding for policy/planning reasons was given within …
Professor Dennis Pearce has published a new book called Interpretation Acts in Australia. This invaluable resource fills a gap in the learning on interpretation as a companion volume to his foundational text (with Harry Geddes) Statutory Interpretation in Australia. The new book deals in depth with all the ‘nuts and bolts’ of the interpretation of legislation in this …
Hayne & Gordon course notes
The authors, one a Royal Commissioner and the other a High Court judge, refer to ‘one of the complexities’ students face – being that canons of construction ‘can be used to justify almost any result that the user wishes to achieve’2. This is not a new idea3 – one observation being that …
