Statutory Interpretation: Core Principles and Recent Decisions
Come away from this afternoon session with a renewed insight into statutory interpretation. Join our statutory wordsmiths for an examination of the key principles of drafting and practical tips, tricks, and challenges in the interpretation of legislation, plus the very latest and relevant cases you should be aware of in this area. Also, back by demand, gain insights into a legislative drafter’s approach to interpretation when formulating legislation. 223V15
Description
Attend and earn 3 CPD units including:
1 unit in Substantive Law
2 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Dan Star KC, List A Barristers
Professional Skills
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, Chief Parliamentary Counsel, Office of the Chief Parliamentary Counsel
Professional Skills
3.00pm to 4.00pm Statutory Interpretation: Principles, Tips, Tricks and Challenges
- Key maxims and principles
- Resolving ambiguity
- Interpreting legislation where there are conflicting principles
- Practical tips and tricks for advising clients
Presented by Alanna Mitchell, Assistant Victorian Government Solicitor, Victorian Government Solicitor’s Office and Nidal Sayegh, Deputy Chair, Administrative Review and Constitutional Law Committee, Law Institute of Victoria; Acting Director, Legal, Commercial and Procurement, Cladding Safety Victoria
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Statutory Interpretation and Recent Decisions: What are the Key Takeaways?
A practical guide to key decisions and what are the important takeaways when applying statutory interpretation principles.
Presented by Shanta Martin, Barrister, Greens List
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). 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 is a Senior Counsel on List A Barristers.
Jayne Atkins
Jayne Atkins has recently been appointed as Chief Parliamentary Counsel, effective 19 January this year. Prior to that she was Deputy Chief Parliamentary Counsel and Subordinate Legislation Manager from 2013 and 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.
Alanna Mitchell
Alanna Mitchell leads the Royal Commissions branch at VGSO. At VGSO, Alanna has led the legal function in relation to the State's response to the Mental Health and Aged Care Royal Commissions. Alanna has a deep understanding of public sector governance and decision making processes and has participated in and chaired senior inter-departmental committees, working groups and panels across government over many years in relation to multiple major projects and initiatives. Alanna has also worked on the Royal Commissions into Trade Union Corruption, Disability, Black Saturday Bushfires and the current Inspector General for Emergency Management Inquiry into the 2019-20 Victorian Fire Season.
Nidal Sayegh
Nidal Sayegh leads the Legal, Commercial and Procurement Division at Cladding Safety Victoria and prior to this role was the Head of Legal at CSV, establishing and managing CSV’s legal capability. Nidal has extensive administrative, commercial, and public law experience having previously worked at the Victorian Department of Treasury and Finance and the Commonwealth Department of Finance in a number of financial management policy, budgeting and in-house legal counsel roles. Nidal is the Deputy Chair, Administrative Review and Constitutional Law Committee at the Law Institute of Victoria and is also a Legal Officer in the Australian Army Reserves providing legal advice to Command and members of the Australian Defence Force.
Shanta Martin
Shanta practices in commercial, corporate regulatory, and public law in the Federal and State courts and in commercial arbitrations. Shanta has extensive experience in commercial contract disputes, construction litigation, and litigation arising from breaches of the Corporations Act and Australian Consumer Law. She is regularly briefed in public law matters in the Federal Court, Administrative Appeals Tribunal and Supreme Court, and in obtaining injunctive relief in aid of administrative appeals (merits review and judicial review). Her appearance work includes acting for various government clients in claims for public interest immunity. Her experience includes jurisdictional challenges, cases raising conflict of laws issues, and obtaining freezing injunctions and anti-suit injunctions. Shanta’s particular expertise is in cases that cut across commercial law, common law and public law. She is also the Victorian Bar member of the Law Council of Australia’s Business and Human Rights Committee.
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking information
Parking is not included in you registration. Here are some options below.
RACV City Club Car Park. Click here to view rates
Directions
Nearby Public Transport:
Tram Stations - William/Bourke St or Queen/Bourke St
Bus Interchange - Little Collins St or Supreme Court