Interpretation and Use of Legal Sources 25.1 “Public Law”
Updated by Perry Herzfeld and Thomas Prince, Barristers, New South Wales Bar

This Subtitle is concerned with the interpretation of documents in Australian public law. This update features updated commentary on the consideration of context in its widest sense in relation to statutory interpretation. The importance of context was emphasised in SAS Trustee Corporation v Miles (2018) 92 ALJR 1064; [2018] HCA 55.

Key Cases: Williams v Wreck Bay Aboriginal Community Council (2019) 93 ALJR 279; [2019] HCA 4; Work Health Authority v Outback Ballooning Pty Ltd (2019) 93 ALJR 212; [2019] HCA 2; SAS Trustee Corporation v Miles (2018) 92 ALJR 1064; [2018] HCA 55; Burns v Corbett (2018) 92 ALJR 423; [2018] HCA 15; South Western Sydney Local Health District v Gould (2018) 97 NSWLR 513; [2018] NSWCA 69; Federal Commissioner of Taxation v Tomaras (2018) 93 ALJR 118; [2018] HCA 62; Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2018) 262 CLR 157; 92 ALJR 219; [2018] HCA 3.

Interpretation and Use of Legal Sources 25.2 “International Law”
Updated by Dr Stephen Tully, Barrister, New South Wales Bar

This Subtitle considers the role of international law in the context of Australian legal interpretation. This update features commentary on the importance of treaties in international law and how they have been considered in Australian courts.   

Key Cases: St Clair v Jamieson [2019] VSC 57; PBU v Mental Health Tribunal (2019) 56 VR 141; [2018] VSC 564; CRI026 v Republic of Nauru (2018) 92 ALJR 529; [2018] HCA 19; State Central Authority v Shanli [2018] FamCA 715; Lin Tiger Plastering Pty Ltd v Platinum Construction (Vic) Pty Ltd [2018] VSC 221; Australian Competition and Consumer Commission v HJ Heinz Co Australia Ltd [2018] FCA 360.
Key Legislation: Charter of Human Rights and Responsibilities Act 2006 (Vic).

Interpretation and Use of Legal Sources 25.3 “Private Law”
Updated by Perry Herzfeld and Thomas Prince, Barristers, New South Wales Bar

This Subtitle concerns the interpretation of private legal documents. Included in this update is in-depth commentary regarding consistency of meaning in legal instruments, as well as specific principles of construction. The decision of Mason J in the seminal case regarding extrinsic evidence, Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337; 56 ALJR 459, is also analysed in detail.

Key Cases: Maribyrnong City Council v Australian Municipal, Administrative, Clerical and Services Union [2019] FCA 773; Wollongong Coal Ltd v Gujarat NRE India Pty Ltd [2019] NSWCA 135; Benson v Rational Entertainment Enterprises Ltd (2018) 97 NSWLR 798; [2018] NSWCA 111; Huntingdale Village Pty Ltd v Corrs Chambers Westgarth (2018) 128 ACSR 168; [2018] WASCA 90; Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337; 56 ALJR 459.

Interpretation and Use of Legal Sources 25.4 “Case Law”
Updated by Perry Herzfeld and Thomas Prince, Barristers, New South Wales Bar

This Subtitle collects principles applicable to the interpretation of reasons for judgment, orders and practice directions of Australian courts. This update includes commentary regarding the principle of assumed propositions of law as stated in Muldoon v Church of England Children’s Homes Burwood (2011) 80 NSWLR 282; [2011] NSWCA 46. There is also updated commentary on leave and special leave applications, as well as the extent to which judges follow decisions of courts in other Australian jurisdictions.

Key Cases: Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29; B v W District Council [2019] QB 625; [2018] 3 WLR 2035; [2018] EWCA Civ 928; MacQuarrie v Hunter New England Local Health District [2019] NSWCA 98; Lim v Comcare [2019] FCAFC 104; Muldoon v Church of England Children’s Homes Burwood (2011) 80 NSWLR 282; [2011] NSWCA 46.
Key Legislation: Human Rights Act 2019 (Qld).

Update 350 currently scheduled updates (subject to change):

• Communications 6.6 “Telecommunications” (Ch 2) *new Chapter on NBN*
• Real Property 28.18 “Sale of Land”
• Restrictive Trade Practices 30.1 “Restraint of Trade”