Statutory Interpretation 3

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Presentation transcript:

Statutory Interpretation 3 ‘The most important single aspect of legal practice’ – Chief Justice Spiegelman, NSW Supreme Court Statutory Interpretation 3 Supermacy of law makers Difference between amendment Separation of powers What do most acts have – intrinsic and extrinsic aids Common law presumptinos Pl;ain English movement ‘There is, of course, no simple formula’ – Mahoney JA in Anti-Doping Rule Violation Panel v XZTT (2013) 214 FCR 40, 64

Day 1: Examine the anatomy of an Act Groups –same as parliament: Parliamentary Drafting Exercise Introduce Statutory Interpretation: General Principles General Method Central interpretive Criteria 11-12.30

Day 2: Overview statutory interpretation General Principles: General Method; and Central Interpretive Criteria Group Exercise: Your rule rocks 9-10.30

Day 3 In this session we will: Work on identifying the central interpretive criteria involved in a case in groups of YOUR choice: Kumar and Others v Minister for Immigration & Border Protection & Another (2016) 150 ALD 488 Make sure you also identify what was NOT used Present to the Group your findings in a mind map You might like to start with a timeline of the case and the subsequent developments Remember secondary materials! 11.45-12.30

Overview (i) Margaret Cuneen SC on 31 May 2014 with the intention to pervert the course of justice counselled Sophia Tilley to fake chest pains and that Sophia Tilley with the intention to pervert the course of justice did fake chest pains to prevent investigating police officers from obtaining evidence of Tilley's blood alcohol level at the scene of a motor vehicle accident. Section 8 ICAC Act 1988 (NSW) – ‘General nature of corrupt conduct’ Section 12A - ‘Serious and systemic corrupt conduct’ ‘viewed as a whole’ – Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Let’s watch this clip: Deputy Senior Crown Prosecutor Hoeben CJ at CL Supreme Court of NSW – dismissed plaintiff case Bathurst CJ at [1]; Basten JA at [30]; Ward JA at [125]