FOL - Topic 8

Question 1

History of principles of interpretation

Answer 1

• ‘literal rule’: apply ordinary meaning regardless of the results
• modified by the ‘golden rule’: allowed departure to correct errors, or when the result was absurd
• further modified by the ‘purposive approach’: focus on the statute’s purpose when ambiguity/absurdity arises

Question 2

Literal approach

Answer 2

• plain meanings applied regardless of consequences
• assumes words have 1 meaning
• supports SOP doctrine
• ‘Engineers’ case

Question 3

The Golden Rule

Answer 3

• corrective principle
• ordinary meaning followed, unless it would result in absurdity/repugnance
• used if the court is persuaded there is an error - eg interpreting ‘and’ as ‘or’

Question 4

Purposive approach

Answer 4

• determining Parliament’s purpose
• evolved from the mischief rule
• WAS generally accepted this approach only applied when applying the literal approach led to ambiguity/inconsistency

Question 5

The Mischief rule

Answer 5

• AKA the rule in Heydon’s case (1584)
• looks for mischiefs/defects the legislation sought to remedy
• considers purpose, allowing mischief to be suppressed and the remedy to be advanced
• can’t be applied with otherwise clear words

Question 6

Acts Interpretation Act 1901 (Cth) s 15AA

Answer 6

• prefers interpretation that best achieves the underlying purpose, over one that would not (amended in 2011)

Question 7

ILA 1984 (Vic) s 35(a)

Answer 7

• prefers interpretation that best achieves the underlying purpose, over one that would not

Question 8

Birmingham

Answer 8

Reading words into an Act
- courts must know the mischief it deals with
- court must be satisfied that Parliament overlooked a possible event which must be dealt with if the purpose of the Act is to be achieved
- courts must be able to state with certainty what words Parliament would have used if it had known of the defetc

Question 9

ILA s 37

Answer 9

• words importing gender include every gender
• words in the singular include the plural, vice versa

Question 10

ILA s 38 - “Land”

Answer 10

• includes buildings and other structures permanently affixed to land, land covered with water, and any estate, interest, easement, servitude, privilege or right in or over land

Question 11

ILA s 38 - “Document”

Answer 11

• includes any book, map, graph, photo, drawing etc

Question 12

ILA s 45

Answer 12

• “may” and “shall”
• “may” - power conferred may or may not be exercised
• “shall” - power conferred must be exercised
• s 45 only applies to legislation after 1 July 1984

Question 13

Secondary guides to meanings

Answer 13

• Dictionaries
• Interpretation of similar words in other legislation
• common law approaches/presumptions
• extrinsic material