Archer v Minister [2025] FCA 471
Archer migrated in 1965 and held a permanent visa. After conviction as an accessory to murder, her visa was cancelled on character and other grounds12. The judge intimated that the cancelling provision was ‘to be construed by reference to the established principle … requiring strict construction of an Act which affects the …
In Ravbar v Commonwealth, the High Court upheld legislation1 that put the CFMEU into administration2. The law did not infringe the implied freedom of political communication and was not otherwise invalid3. The key provision required the Attorney-General to be ‘satisfied that, having regard to the Parliament’s intention in enacting [the legislation], it [was] in …
The ‘modern approach’ to statutory interpretation was first articulated in this country by Mason J in 19851. Courts now tell us week-by-week that the principles are ‘well established’. Indeed, they are so well established that often little more is said than that the method involved follows the familiar ‘text context purpose’ protocol. Earlier this month, in a case …
Detector Inspector v CoInvest Ltd [2025] VSC 135
Given long service leave charges paid to a fund were a ‘tax’3, it was argued (A) that related rules should be read narrowly, and (B) that, where two meanings are reasonably open after applying the ordinary rules of interpretation, the issue should be resolved in favour of the taxpayer4…
Charlie [2025] FCAFC 55, KP [2025] NSWCA 69
These cases illustrate the caution necessary when applying the Anthony Hordern principle – that an express power subject to conditions excludes reliance on a general power over the same subject matter7. Charlie (at [52-55]) says that the ambit of the express power must be wholly within or subsumed by the …
Harris v Military Rehabilitation [2025] FCA 381
In this case, McEvoy J (at [26]) quotes as follows10 –
‘The current approach to statutory interpretation involves courts assuming that those drafting legislation, and parliaments which enact it, are familiar with the general principles of statutory construction, and that courts will take statutory language as they find it, read with the …
Gamage v Riashi [2025] NSWCA 84
At issue was whether ICAC could itself launch prosecutions against persons it had investigated. Basten AJA answered ‘no’. There was no express or incidental power permitting ICAC to launch prosecutions14. This was despite the fact later parliamentary debates on amendments had referred to the ‘practice’ of ICAC commencing prosecutions which were later …
In 2021, the High Court said the principles of interpretation are ‘familiar’, adding – ‘Oftentimes they can seem banal’1. The sense of this is that the principles are trite, commonplace or mundane. Gageler J described them as ‘workaday’2. A recent case observes again (A) that the principles are ‘well established’, and (B) that the language of …
Bogan v Estate of Smedley [2025] HCA 7
The general prohibition of contingency fees is subject to an exception in Victoria for ‘group costs orders’. It was held that making an order of this kind was relevant to whether the proceedings should be transferred to NSW. The transferee court was required to deal with the proceeding ‘as if’ steps taken …
Hanave [2025] NSWLEC 19, Hixson [2025] NSWSC 192
Two aspects of transitional provisions are touched on in these cases. Hanave (at [62]), emphasises their temporary nature. The judge observed that ‘transitional’ means passing from one condition to another. It was added that provisions of this kind are meant to be ‘passing’ and not forever applicable.
In Hixson (at [55]) …
