Judicial interpretation of the term ‘occupation’
The NSWSC has distinguished ‘occupation’ from ‘job’ and the former is to be determined by a range of factors.
The NSWSC has distinguished ‘occupation’ from ‘job’ and the former is to be determined by a range of factors.
Has legislative intervention gone too far? This NSWCA decision on a new design and building duty of care has big ramifications for the industry.
The Full Court of the Federal Court in Metlife v AFCA recently re-affirmed the key principles of statutory interpretation including the role of extrinsic materials.
Reading industrial awards ‘as a whole’ may require consideration of how different constructions are likely to be understood in the relevant industry.
Reporting and analysis of the most notable decisions in the Federal Court. By DAN STAR QC.
Identifying a beneficial or remedial purpose of legislation may be a useful tool in statutory interpretation. However, the text is still the primary consideration. By BRENDA…
Reporting and analysis of the latest key judgments from the High Court of Australia. By ANDREW YUILE.