Harris v Military Rehabilitation [2025] FCAFC 198
Edelman J recently explained why the presumption against surplusage seldom carries great weight12. In the present case (at [23]), further reasons are suggested by the Full Federal Court. Once it is appreciated parliament has approved a text which includes surplusage, parliamentary supremacy ‘necessarily includes accepting that sometimes parliament might approve the superfluous’.
Three comments … First, implicit here is that parliament is supreme, albeit imperfect. Second, there is no licence to ignore all surplusage. Third, sometimes the presumption will apply in practice, as Edelman J has pointed out in the High Court.
This principle is from Episode 129 of interpretation NOW!
Footnotes:
12 Palmanova [2025] HCA 35 [73], Farmer [2025] HCA 38 [105], E125 & E127.