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]) it is their functional nature to which attention in drawn. They make ‘special provision for the application of the amending statute to the circumstances existing at the time when the provisions came into force’ – Herzfeld & Prince [11.210] quoted. Their precise reach and longevity depends on their object and purpose.
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