Peter Greensill Family Co v FCT [2020] FCA 559
The meaning of connecting words depends very much on context. Were certain capital gains to be disregarded as being ‘from’ a CGT event?6 That word indicates a causal connection7 but as Thawley J found (at [52]) ‘causation is not the exclusive criterion’.
It requires a stronger degree of …
Hamzy v Commissioner [2020] NSWSC 414
A number of restrictions were placed on prisoner Hamzy – monitoring phone calls, security-checking his lawyers and denying audio-visual access. He said his right to legal representation had been infringed, and that security-checking was unreasonable.
Bellew J disagreed saying (at [73-77]) that prison rules can be applied to take account of particular circumstances. Authorities …
BWP Management v Ipswich [2020] QCA 104
The long-held High Court position on statutory definitions is that, for circularity reasons, the term defined has no influence on the meaning of the definition10. Other courts have questioned this on the basis the term defined is part of the Act and available to be used in construing the definition11…
Corliss v R [2020] NSWCCA 65
The High Court position is that legislative intention is an output of the interpretative process – that is, what parliament is objectively taken to have intended by the words used13. 2 judges in this case now add their names to others who doubt this14.
Johnson J said that to reduce …
Lawson v Minister [2020] NSWSC 186
This case, dealt with in Episode 59, also contains a punctuation issue3 – that being, whether a semicolon separated 2 discrete things within a schedule; or required them to be read together. Ward CJ (at [80]) observed that semicolons may replace ‘and’ as a ‘hierarchically superior punctuation mark if the reader is not …
R v IB (No 3) [2020] ACTSC 103
How might a 1215 UK statute affect territory COVID-19 laws?7 IB sought a jury trial on sexual offences, but ‘trial by judge alone’ was ordered under those laws. IB said clause 29 of Magna Carta, always part of ACT law, guaranteed trial by jury – ‘No freeman shall be taken …
Holdsworth v Police [2020] NSWSC 228
Deeming provisions are always read against the statutory purpose they serve10. Did transitional rules in the 1996 Act deem a firearms prohibition order to continue in force11? The rule preserves orders ‘made under’ the 1989 Act ‘and in force immediately before’ repeal of that Act. The original order was made …
A-G v Melco Resorts [2020] NSWCA 40
Extrinsic materials cannot displace the clear meaning of the text – this is fundamental13. Was legal professional privilege abrogated for witnesses before a casino inquiry having royal commission ‘powers, authorities, protections and immunities’?14
The Second Reading Speech said the same ‘protection’ was preserved as for witnesses before the Supreme Court. …
ASIC v King [2020] HCA 4
Some may tire of the mantra – ‘text context purpose’ – but the High Court hasn’t. On who is an ‘officer’ of a corporation, the court said it was necessary to consider the provision4 ‘by reference to considerations of text, context and purpose having regard to the mischief at which it was directed’…
Hopkins v Minister [2020] FCAFC 33
Legislation is presumed not to infringe fundamental rights/freedoms in the absence of clear language – the principle of legality6. The task is to identify some right or freedom, then test if it is ‘fundamental’.
H arrived here as an infant in 1967. 46 years later, his permanent visa was cancelled due to …
