Statutory Interpretation in Australia
Dennis Pearce has published the 10th edition of his classic text, a monumental achievement15. For half a century, this book has guided courts, academics and practitioners with authority, style and perspective. As LexisNexis says, it is the ‘most cited text on Australian law’. The slim volume which appeared in 1974 has grown in line …
We hear daily in the media that the rule-of-law is under assault everywhere. But what is the rule-of-law exactly, and what has it got to do with statutory interpretation?1 The rule-of-law is a network of high-level fundamental values which guide the law in a democracy (certainty, transparency, fairness, impartiality, etc). Robert Hughes in The Fatal Shore called it a …
Carr v Attorney-General [2023] FCA 1500
Federal law makes it an offence to use a carriage service to assist someone to commit ‘suicide’5. Victoria allows doctors to prescribe a ‘voluntary assisted dying substance’ to certain persons6. It was argued that a doctor using a carriage service in this context commits no offence, as ‘suicide’ does not …
Armitage v Parole Board Qld [2023] QCA 239
In Queensland, a ‘no body – no parole’ rule applies where ‘part of the body or remains of the victim has not been located’8. Armitage was convicted of manslaughter, but 15% of the body was unaccounted for (hands and feet). Did the rule apply in this case?
Flanagan JA (at …
Mangoola v Muswellbrook SC [2023] NSWCA 275
Mangoola sought to recover $3m in overpaid council rates. The Act said action for amounts ‘recoverable on restitutionary grounds’ had to be commenced within 12 months11 – not met. Mangoola argued that this deadline did not apply to statutory claims.
Leeming JA said context and purpose made it clear the Act was …
Karpik v Carnival plc [2023] HCA 39
Passengers who caught COVID on a cruise sued the vessel owner under unfair contract provisions in the Australian Consumer Law13. One issue was whether the consumer provisions applied to contracts made offshore and to things done outside Australia.
Where the presumption of extraterritoriality arises, the ‘starting point is always the interpretation …
Given the time of year, something might be said about holidays and interpretation. Usually, if an Act requires or allows a thing to be done and ‘the last day for doing the thing is a Saturday, a Sunday or a holiday1: then the thing may be done on the next day that is not a Saturday, a Sunday …
Kingston v Transport for Victoria [2023] VSC 618
In this case, Quigley J examines the interpretation principles applicable to compulsory acquisition.
First, the right to compensation is ‘entirely statutory’6. Second, although these statutes are subject to the usual rules of interpretation, ‘obscure matters should be resolved in favour of the dispossessed party’7. Third, this means that …
Jusand Nominees v Rattlejack [2023] FCAFC 178
An issue in this infringement case was whether the patent specification disclosed and supported the invention9. The statutory requirements had been amended to align our law with offshore practice. On the basis they were ‘ambiguous’ under s 15AB(1)(b)(i) of the Acts Interpretation Act, Perram J had regard to extrinsic materials …
EPA v Sydney Water [2023] NSWLEC 119
SW resisted a subpoena for documents because their sole purpose was that of a ‘voluntary environmental audit’ (protected). The interpretation point was how this composite expression was to be construed.
Moore J said the ‘task is to construe the language of the statute, not individual words’11. Composite expressions are …
