Raiz v PSR (No 2) [2023] FCA 1293
Dr Raiz challenged referral of a complaint to a committee. He said a prior ‘inclination to refer’ was itself a ‘decision’ which was flawed because his submissions had not been taken into account11. The issue was what is meant by ‘make a referral’12.
The judge held no ‘decision’ …
E100 talks about the controlling influence of purpose in our system. But purpose does not solve all problems. Purpose may operate as the ‘statutory decider’ only where it can be derived from objective evidence within or outside the statute. Purpose may involve a compromise, be obscure or unexpressed1. This happened in a recent GST food case2. …
Ramsay v Minister [2023] NSWLEC 66
Farmers were granted access licences for lesser amounts of water than they applied for. They tried to appeal on the basis that ‘a decision refusing to grant an access licence’ had been made5. They raised the principle that, where two meanings are open, it is proper to adopt the one which avoids …
The King v Jacobs Group [2023] HCA 23
This case is about the penalty imposed after a company conspired to bribe a foreign official on construction projects8. The penalty provision mirrored treaty obligations and was to be read consistently with international law9. Penalties should be ‘effective, proportionate and dissuasive’; and proportionate to the gravity of the …
Disorganized Developments v SA [2023] HCA 22
Hells Angels is a criminal organisation. Two members were directors of Disorganized, which owned land at Cowirra. It is an offence for members of a criminal organisation to enter property declared a ‘prescribed place’11. Regulations sought to (but did not on their face) declare the land a ‘prescribed place’. After conviction, …
MK v R [2023] NSWCCA 180
MK was convicted of maintaining an ‘unlawful sexual relationship’ with a child13. That term is defined as ‘a relationship in which an adult engages in 2 or more unlawful sexual acts towards a child over any period’. Two earlier cases held that a sexual relationship over and above commission of the offences …
iNOW! first published in 2015 and now turns 100. What has happened over that period and what does it mean for the interpretation of statutes? Two things stand out. The first is the stability of the system. The principles and the methods by which they are to be applied are well-established, known and flexible. The second is the place …
Senior judges once said not to read books about interpretation1. That changed with the explosion of legislation we see in the modern state. Professor Pearce produced our first textbook back in 1974. Two more have now entered the field and all of them are good2. Interpretation is a significant body of law in its own right. …
CEO v Waroona Resources [2023] WASCA 73
Regulations exempted ‘asbestos containing material’6 – defined as ‘manufactured material … that, as part of its design, contains asbestos’ – from levy calculation. Waroona said this should be read as including a mix of asbestos and soil where separation was impracticable.
Waroona argued that the levy’s purpose of encouraging recycling did not …
Doman v Leadenhall Australia [2023] SASC 97
This case is about the effect of bankruptcy on judgment debt interest. It is important for two reasons. First is the principle that statutes – in this case, the Bankruptcy Act 1966 – override the common law to the extent of any inconsistency. Second is the discussion by McDonald J (at [50-57]) about …
