WHA v Outback Ballooning [2019] HCA 2
Did NT work safety laws ‘alter, impair or detract’ from federal provisions? In this context, Gageler J commented on the nature of legislative intention. It is what parliament is taken to intend the words to mean after the interpretation process is complete5.
The judge referred to ‘emergent scepticism’ about the very …
Kheir v Dept of Justice and Regulation [2019] VSC 76
Should provisions conferring ‘rights and privileges on a prisoner in return for good behaviour’ be read ‘liberally and beneficially towards the prisoner’? Prisoner rights are interpreted in line with the standard rules of construction – that is, having regard to purpose and context8.
Prisoner rights exist in a …
SZTVU v Minister of Home Affairs [2019] FCAFC 30
In this case, the court considered the Migration Act definition of ‘fast track applicant’. It held (at [71]) that the ordinary meaning of ‘applicant’ could not be used as an interpretative aid in construing the definition. To do otherwise would introduce circuity into the process, as the High Court has ruled…
FCT v Armstrong Scalisi [2019] NSWSC 129
Did a notice of tax estimate saying it ‘replaces’ another mean the earlier notice is ‘revoked’ as the act required? Ward CJ (at [151]) said ‘no’. Ordinarily, there is a difference between ‘revoke’ [to take away or cancel] & ‘replace’ [to substitute or refresh].
The former meaning is more consistent with context and …
Unions NSW v NSW [2019] HCA 1
Episode 44 commented that purpose and context are to be considered ‘at the same time’ as the text when interpreting provisions. In this electoral funding case (at [169]), Edelman J makes important observations about statutory purpose and context.
The search for purpose, ‘involves a construct used to determine the meaning of the words’. …
Bupa HI v Andrew Chang Services [2018] FCA 2033
The same principles as apply in the interpretation of statutes apply to legislative instruments – in this case, the Medicare Benefits Schedule. Because the MBS ‘prescribes technical matters’, it is to be construed ‘in light of practical considerations to achieve the most reasonably practicable result’2.
The court also …
Mulpha Australia v CSPC [2018] NSWLEC 179
This case, about an old Sydney building, raised the meaning of ‘land’ in heritage legislation5. The NSW interpretation provision required ‘a construction that would promote the purpose or object underlying the Act …’6. Section 15AA was in this form until amended in 2011 to require a construction ‘that would …
Comptroller v Pharm-A-Care [2018] FCAFC 237
Food classification cases are arid forensic exercises9. Question – are vitamin gummies (1) ‘medicaments’ (free from duty) or (2) ‘food supplements’ (subject to duty) for customs tariff purposes?10 Answer – (1).
The following points are important – (A) the meaning of ordinary words (like ‘food’) is a question of law11…
Country Carbon v CER [2018] FCA 1636
This case considers the relationship between purpose and context. Mortimer J (at [118-119]) said there was a ‘contradiction inherent’ in determining purpose, because (A) purpose is the ‘governing tool’ in fixing meaning, (B) purpose resides in the text and structure of the Act, and (C) the text ‘must be given meaning before purpose …
Nature’s Care v AMCL [2018] FCA 1936
Whether fish oil capsules could be described as ‘made in Australia’ depended on whether foreign processing made them fundamentally different in ‘identity, nature or essential character’ to their ingredients5. Was this expression a composite one to which the principles in Sea Shepherd applied?6
‘No’ said Perram J (at [32-34]). As …
