Statutory Interpretation: Putting the Puzzle Together
Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute
Description
Piecing together the intent, purpose, context and structure of a statute can be difficult enough. But wait, there’s more. Statutory interpretation can also involve complex questions tied to judicial review. And unique events such as the repeal of a statute can add further complexity. It can be a challenge to keep it all straight, but luckily we’ve assembled a renowned collection of masters in the area who will impart their knowledge and insights to help you elevate your statutory interpretation skills.
Attend and earn 4 CPD units in Substantive Law
This seminar was recorded in VIC on 4 June 2019
Chair: Dr Kristine Hanscombe QC, List G Barristers
9.00am to 10.00am: Intent, Purpose, Context and Structure: How Does it All Fit Together?
- Judicial instructions relating to the application of purpose, context and structure in statutory interpretation
- How application of the same legislation to the same facts can lead to significantly different judicial outcomes
- How these principles fit together in the statutory interpretation case of FCT v BHP Billiton Limited [2019]
Presented by Matthew Meng, Barrister, Greens List
10.00am to 11.00am: Practical Problem Solving Workshop
- A practical exercise in working through a statutory problem, with opportunity for discussion and commentary
- Common words and phrases used in statutes and how they are interpreted
- Common pitfalls of statutory interpretation
Presented by James Stoller, Barrister, Foley’s List
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Judicial Review and Statutory Interpretation
- Judicial review inevitably involves construing the scope of the relevant power, which is almost always a process of statutory construction
- Each ground of judicial review (procedural fairness; relevancy; improper purpose; unauthorised delegation; jurisdictional error; error of law on the face of the record) will require a consideration of the meaning of the empowering statute in order to ascertain whether power has been exceeded in the relevant way
- Statutory interpretation is also central to determining what the results of an error are and whether invalidity will necessarily follow from a finding of error
Presented by Sarala Fitzgerald, Barrister, List G Barristers
12.15pm to 1.15pm: What is Preserved Upon a Repeal of Statute?
- The legal view of the effect of repeal of an Act used to be that, after repeal, the Act was treated as if it never existed and pre-existing law revived
- The enactment of provisions such as s 8 of the Acts Interpretation Act 1901 (Cth) has changed that legal view, and established a regime in which rights that accrued and liabilities that were incurred under the repealed Act survive the repeal, as do legal proceedings that have been commenced
- Particular rules operate with respect to the repeal of delegated legislation, and procedural rules in repealed Acts
Presented by Peter Hanks QC, List G Barristers and Frances Gordon, Barrister, List G Barristers
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia