Refresher course

ASIC v Rent 2 Own Cars [2020] FCA 1312

From time to time, courts set out comprehensively and in one place key principles which apply to the interpretation of statutes14.  This national credit code case, from Greenwood J, provides an easy-access refresher course (at [150-151]) on the basics15.

Things start with an explanation of legislative intention as a ‘conclusion’, then move to the role played by s 15AA in requiring purposive construction.  The insistence to consult context in the ‘widest sense’ up-front is followed by Project Blue Sky learning on resolving inconsistencies.  Constructional choice and the need to start & end with the text are discussed, along with the limits of extrinsic materials.

This principle is from Episode 65 of interpretation NOW!


14 Episode 5 dealt with another one, GHP 104 160 689 [2014] AATA 515.

15 The judge adds to remarks in Isentia [2020] ACopyT 2 (at [60-73]).