Queensland v Johnston [2025] QCA 142
J was suspended from teaching pending unrelated criminal charges. On acquittal, he sought lost pay on the basis he was ‘available to work’ at all times consistent with a statutory directive13. J argued that an example in the directive of detention in a correctional facility operated to confine the directive to physical …
Spigelman CJ once noted that ‘lawyers are traffickers in words’1. Trafficked words, however, often require safe passage across international borders and the high seas, most commonly within treaties. Fortunately, the principles for treaty interpretation hold steady in an often tumultuous global climate. This is illustrated by the High Court decision in Evans v Air Canada, where the …
Alliance Australia v Abawi [2025] NSWCA 85
An issue in this case was whether regulations made under a statute were extrinsic materials for the purposes of assisting determination of what ‘soft tissue injury’ means in the statute. The court said ‘no’.
Regulations made after enactment cannot be taken into account. But those made at the same time as the statute …
Monaltrie Area CAI v Santin [2025] NSWLEC 38
Subject to minor nuances, development consents are to be read in the same way as statutes7. In Monaltrie, Robson J (at [37-40]) makes 2 valuable points.
First, a development consent is to be interpreted ‘having regard to its enduring nature which encourages a fair but liberal reading of the …
Rainforest [2025] FCA 532, Panesar [2025] FCA 477
Two recent cases comment on treaty interpretation.
In Rainforest (at [121]), Shariff J noted – ‘it is difficult to see a material difference between the principles governing the interpretation of international treaties and those ordinarily adopted in respect of domestic legislation’11. In Panesar (at [97]), Feutrill J said – …
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 …
