Statutory Interpretation Masterclass
Issues covered include: legislation, practical, problem solving , delegated legislation, extrinsic materials
Description
The statutory interpreter is the medium through which words, and their intention, are decrypted, and it is within the interpreter that words, and their meaning, take on a life of their own. Join our statutory wordsmiths for an examination of the key principles of context, intent, and purpose, along with the interpretation of challenges surrounding extrinsic materials and delegated legislation. Join it all together in a practical workshop and walk away with an abundance of confidence.
Attend and earn 3 CPD hours in Professional Skills
This seminar was recorded in NSW on 3 September 2019
Chair: Francis Douglas QC, Tenth Floor Chambers
2.00pm to 2.35pm: Purpose, Context and Structure: How Does it All Fit Together?
- The role of purpose, context and structure of legislation in statutory interpretation
- The effect of the nature of the legislation and the audience to whom it is directed
- How application of the same legislation to the same facts can lead to significantly different judicial outcomes
- A summary of recent cases involving statutory interpretation and the key takeaways for your practice
Presented by Ian Latham, Barrister, Denman Chambers
2.35pm to 3.15pm: Legislative Intent: Key Principles for Your Consideration
- Constitutional contours of statutory interpretation
- Objective intention versus subjective intention
- Reading down
Presented by Dr Shipra Chordia, Barrister, New Chambers
3.15pm to 3.50pm: Use of Extrinsic Materials in Statutory Interpretation
- A review of what extrinsic material can be considered
- An examination of when you can have regard to it: the traditional approach and the ‘modern approach’
- A discussion of some of the recent examples where the courts have used extrinsic material to aid with interpretation
Presented by Chantal Tipene, Partner, Sparke Helmore; Accredited Specialist in Government and Administrative Law
3.50pm to 4.05pm Afternoon Tea
4.05pm to 4.40pm: Delegated Legislation: Who Drafts it and why Does it Matter?
- An overview of the role of the Parliamentary Counsel’s Office in the development of delegated legislation
- How principles of interpretation are applied in the drafting process
- A discussion of the importance of the professional legislative drafter
Presented by Jessica Chanin, Senior Assistant Parliamentary Counsel (Programs), NSW Parliamentary Counsel’s Office
4.40pm to 5.15pm: Practical Problem Solving Workshop
A practical exercise in working through a statutory problem, with opportunity for discussion and commentary.
Presented by Brenda Tronson, Barrister, Level 22 Chambers
Venue
Cliftons Sydney
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates