Statutory Interpretation: Core Principles and Recent Decisions
Join our statutory wordsmiths for an examination of the key principles of drafting, purpose, context, structure and the latest cases in the area. Gain insights into a legislative drafter’s approach to interpretation when formulating legislation. Understand the role of purpose, context and structure and the relevant rules of interpretation such as deliberate omissions, inference and inconsistencies. Be brought up to date on the most recent decisions and the important takeaways of each. WEB216V01
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Dan Star KC, List A Barristers
2.00pm to 3.00pm The Legislative Drafter’s Approach
Analyse how a drafter approaches issues of interpretation when formulating legislation and focus on areas such as:
- General approaches to interpretation
- Extrinsic aids to interpretation
- Intrinsic or grammatical aids to interpretation
- Legal assumptions and definitional provisions
- Drafter’s reliance on interpretative legislation to shorten and simplify, and the practical implications for users of this approach
- Balancing Government policy requirements and drafting conventions applying across the statute book
Presented by Jayne Atkins, Deputy Chief Parliamentary Counsel, Subordinate Legislation Manager, Office of the Chief Parliamentary Counsel
3.00pm to 4.00pm Purpose, Context and Structure: How Does it All Fit Together?
- Understanding the critical role of purpose, context and structure of legislation in statutory interpretation
- Considering relevant rules of interpretation including deliberate omissions, inferences and inconsistency within the same Act
Presented by Jim Hartley, Barrister, Young’s List
4.00pm to 4.15pm Morning Tea
4.15pm to 5.15pm Statutory Interpretation and Recent Decisions: What are the Takeaways?
A practical guide to key decisions and what are the important takeaways when applying statutory interpretation principles.
Presented by Emrys Nekvapil, Barrister, List A Barristers
Presenters
Dan Star KC
Dan Star K.C. has a practice in trials and appeals in commercial, public and regulatory areas of law. He has particular expertise in Administrative Law, Competition and Consumer Law and other enforcement litigation (such as matters under the Fair Work Act 2009). Whilst Dan frequently appears in the Federal Court, he also appears in State courts and tribunals in his areas of practice. Dan is frequently briefed for and against the Commonwealth/State and their regulators. He has appeared in cases or given advice to or for persons in relation to litigation (or investigations) with the Commonwealth of Australia, the State of Victoria, Attorneys-General, Ministers, ABCC, ACCC, ASIC, ASADA, ATO, Consumer Affairs Victoria (CAV), Office of Chief Examiner (OCE), Legal Services Commissioner (LSC) and the Tax Practitioners Board (TPB). Dan holds a first class honours degree in law from the University of Melbourne. He is the writer/editor of the monthly "Federal Court Judgments" section in the Law Institute Journal published by the Law Institute of Victoria. He is also a previous Chair of the Bar's Indigenous Lawyers' Committee. Dan is a Senior Counsel on List A Barristers.
Jayne Atkins
Jayne Atkins has been Deputy Chief Parliamentary Counsel and Subordinate Legislation Manager since 2013 and prior to that had been the Subordinate Legislation Advisor and a Principal Parliamentary Counsel from September 2006. She joined the Office of Chief Parliamentary Counsel in March 1991 after 4 years at State Trustees as a solicitor and has 30 years' experience drafting Bills for Parliament and drafting, settling and advising on subordinate legislation. As part of the role of Subordinate Legislation Manager, Jayne is responsible for managing the statutory rule program within the Office of Chief Parliamentary Counsel, coordinates making of court rules and is the first point of contact for queries regarding subordinate legislation for the Office.
Jim Hartley
Jim Hartley is at the Victorian Bar, practising predominantly in public, commercial, and industrial law. Before coming to the Bar, he was associate to the Hon. Justice R.R.S Tracey AM RFD, and earlier to the Hon. Justice Mordy Bromberg, at the Federal Court of Australia. Prior thereto, he was a senior lawyer in Meyer Vandenberg Lawyers' commercial litigation practice. Jim is published on corporate insolvency, personal property securities, commercial leasing, and civil procedure. He is a member of the Melbourne subcommittee of the Insolvency and Reconstruction Law Committee of the Law Council of Australia, and a Sessional Tutor in Property Law at Monash University.
Emrys Nekvapil
Emrys Nekvapil practises in public law and commercial law. Before coming to the bar he was a solicitor at Mallesons Stephen Jacques. He has a Master of Laws (Government and Commercial) from the ANU. He regularly appears in trials in the lower courts and tribunals and appellate and judicial review matters in the Supreme Court, Federal Court and High Court.