Statutory Interpretation Intensive: From Basics to Advanced Techniques
Gain a strong foundation in statutory interpretation including differing interpretation approaches, statutory requirements and key aids plus a practical workshop to cement your understanding. Delve into real-world cases for critical practical insights. Engage in practical problem-solving activities to advance your skills. Leave understanding the intersection of statutes, common law and equity, providing a holistic perspective. 243V09
Description
Attend and earn 4 CPD units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Dan Star KC, List A Barristers
9.00am to 10.00am Statutory Interpretation Essentials and Recent Case Updates
- The contemporary approach to statutory interpretation
- Statutory requirements
- Aids to interpretation
- Legal assumptions
- Recent illustrative cases
Presented by
10.00am to 11.00am Advanced Statutory Interpretation
- Presumptions of construction
- Commonwealth, State and Territory constitutions and statutory interpretation
- Amendments and repeals
- Commencement and duration
- Nature and validity of subordinate legislation and instruments made under statute
- Non-legislative instruments
Presented by Alanna Mitchell, Partner, Maddocks
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Interpreting Statutes in the Context of Equity and the Common Law
- Exploring the entanglement between statutes, common law and equity
Presented by Emrys Nekvapil SC, List A Barristers
12.15pm to 1.15pm Practical Interactive Problem-Solving Workshop
- Engaging in a practical exercise to tackle various statutory problems, with opportunities for interactive discussion and commentary
- Offering contemporary legal cases with diverse judicial viewpoints to foster constructive discussion
- Exploring common words and phrases used in statutes and their interpretation
- Identifying common pitfalls in statutory interpretation
Presented by Peter Hanks KC, List G Barristers and James Stoller, Barrister, Foley's List
Presenters
Dan Star KC
Dan has been at the Victorian Bar for twenty five years and has been a Silk for seven years. His practise is in cases in the Federal Court and the Supreme Court particularly in administrative law, class actions, commercial/corporations litigation and other regulatory matters. He has acted for and against a broad range of Commonwealth and State Ministers, departments and agencies/regulators in investigations and litigation. Dan is also briefed to provide written advice on matters of statutory interpretation. He has experience in royal commissions and inquiries such as the Yoorrook Justice Commission (2023-2024) and the COVID-19 Hotel Quarantine Inquiry (2020). Dan holds a first class honours degree in law from the University of Melbourne. He is a writer/editor of the monthly "Federal Court Judgments" section in the Law Institute Journal published by the Law Institute of Victoria. Dan is the Chair of the Victorian Bar's Human Rights Committee.
Alanna Mitchell
Alanna is a Partner in the Commercial – Government and NFP team at Maddocks. Alanna is an experienced legal practitioner who specialises in providing commercial, administrative, integrity and investigative legal services to public sector and not-for profit clients. Alanna specialises in energy, emergency and crisis management, and the environment. She is a legal, commercial and public administration expert with a strong sense of the client imperative and a track record of providing high quality, pragmatic and strategic legal advice in high value, high risk, or sensitive matters that drives strong client solutions. Alanna has worked with Victorian Government departments and agencies on high-value, high-risk commercial and regulatory matters, including advisory, investigations, litigation, inquiries, major projects and deals, prosecutions and administrative law matters. Alanna's areas of expertise include commercial contracts, negotiations and transactions, regulatory investigations and advice on powers, procedures, compliance and enforcement, administrative law and decision-making and associated litigation, professional disciplinary investigations and prosecutions, integrity investigations, advice and regulation, public inquiries and associated litigation, public sector governance, entity establishment and restructuring, public sector board advisory, entity powers and privileges, statutory interpretation, legislation development and advice.
Emrys Nekvapil SC
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.
Peter Hanks KC
Peter appears regularly for Commonwealth and State government agencies, and against those agencies, in the Federal Court, High Court, Supreme Court, Commonwealth Administrative Appeals Tribunal and the Victorian Civil and Administrative Tribunal. He also regularly provides advice on administrative and constitutional law issues to Commonwealth and State government agencies, and to private parties in relation to their rights against those agencies. Prior to coming to the Bar, Peter had over 25 years experience teaching administrative law and constitutional law at the University of Sydney and Monash University. He is an accomplished author and has published several books on constitutional law and administrative law including Constitutional Law in Australia (4th edition), Social Security in Australia (2nd edition) and Australian Constitutional Law (7th edition). Peter has been a principal contributor to Butterworths' "High Court and Federal Court Practice" and "Administrative Law Service".
James Stoller
James specialises in proceedings involving government parties. He acts for and against government entities in judicial review proceedings and statutory appeals; professional disciplinary, licensing, and civil penalty proceedings; applications for regulatory injunctions; applications to stay regulatory action; planning and environmental cases; merits review proceedings; investigations and inquiries; common law cases involving government defendants; and statutory prosecutions in a regulatory context.
Venue
InterContinental Melbourne
495 Collins St
Melbourne 3000
VIC Australia
Parking information
Valet Parking is only available for Resident Guests.
Nearby Parking:
Wilson Parking - View locations and rates here
Directions
Nearest Public Transport:
- By train: Southern Cross Station (5-minute walk)
- By subway: Southern Cross Station (5-minute walk)
- By Tram: Trams on routes 12, 109, 11 and 48 all pass the hotel along Collins Street, get off at the William Street stop (3-minute walk). The hotel is located within the free tram zone which means travel within the CBD on the tram is free.