Distinct cultural rights, changing rules of interpretation and new drafting conventions
Recent case law exposes limitations in the protection of Indigenous cultural rights, prompting consideration of new drafting conventions.
The death of proportionate liability in NSW: is the obituary written in Pafburn?
Has legislative intervention gone too far? This NSWCA decision on a new design and building duty of care has big ramifications for the industry.
A matter of interpretation: Reaffirming the principles of statutory interpretation
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.
Moot point: when is a gig not part of the gig economy?
Reading industrial awards ‘as a whole’ may require consideration of how different constructions are likely to be understood in the relevant industry.
Federal Court: July 2019
Reporting and analysis of the most notable decisions in the Federal Court. By DAN STAR QC.
Statutory interpretation: context and beneficiality
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…
The latest from the High Court: May 2016
Reporting and analysis of the latest key judgments from the High Court of Australia. By ANDREW YUILE.