Interpretation Third Edition - Book
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New Release, 28/08/2024 Code: 9780455503196 Lawbook Co., AUSTRALIA |
Interpretation Third Edition - Book
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Book | Interpretation Third Edition - Book | 28/08/2024 | 9780455503196 | $263.50 |
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Interpretation Third Edition - Book
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Description
Interpretation has established itself as a leading text on all aspects of interpretation in Australian law. It is frequently cited at all levels of the Australian legal system.
The Third Edition continues its uniquely broad coverage of interpretation in:
- public law, including the interpretation of statutes, the Constitution, subordinate legislation and non-legislative instruments;
- private law, including the interpretation of contracts, deeds, wills and trusts, the implication of terms and rectification; and
- case law, including the rules of precedent and the interpretation of court orders.
The work has been thoroughly revised and updated. In addition to the most up-to-date case law, significant new developments discussed include:
- the presumption against retrospectivity in Stephens v The Queen (2022);
- the presumption against extraterritoriality in BHP Group Ltd v Impiombato (2022) and Karpik v Carnival plc (2023);
- the passage of the Legislation Interpretation Act 2021 (SA);
- the constitutional implications in Gerner v Victoria (2020) and Zurich Insurance Company Ltd v Koper (2023);
- the concepts of reading down, severance and “partial disapplication”;
- implied terms in informal contracts in Realestate.com.au Pty Ltd v Hardingham (2022) 97 ALJR 40; and
- the increased attention by the High Court and intermediate appellate courts to matters of precedent, including the meaning and identification of ratio, and the significance of dicta of those courts, considered in Hill v Zuda Pty Ltd (2022).
This comprehensively updated treatment of interpretation across all areas of the law cements the work’s position as an invaluable resource to the full breadth of the legal profession.
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Table of Contents
CONTENTS
1 PUBLIC LAW
Part 1 – Statutes
Chapter 1 – General Principles
Chapter 2 – Meaning of Words
Chapter 3 – Definitions and Deeming
Chapter 4 – Words with Established Meanings
Chapter 5 – Construction as a Whole
Chapter 6 – Linguistic Canons of Construction
Chapter 7 – Purpose
Chapter 8 – Extrinsic Material
Chapter 9 – Presumptions of Construction
Chapter 10 – Rules about Particular Kinds of Act
Chapter 11 – Amendments and Repeals
Chapter 12 – Commencement and Duration
Part 2 – Instruments Made under Statute
Chapter 13 – Nature and Validity of Subordinate Legislation
Chapter 14 – Interpretation and Repeal of Subordinate Legislation
Chapter 15 – Rules of Court
Chapter 16 – Non-Legislative Instruments
Part 3 – Constitutions
Chapter 17 – Commonwealth Constitution
Chapter 18 – State and Territory Constitutions
2 PRIVATE LAW
Part 1 – Construction
Chapter 19 – General Principles
Chapter 20 – Meaning of Words
Chapter 21 – Definitions and Defined Terms
Chapter 22 – Construction as a Whole
Chapter 23 – Parts of a Document
Chapter 24 – Linguistic Maxims of Construction
Chapter 25 – Purpose
Chapter 26 – Extrinsic Evidence
Part 2 – Implication and Rectification
Chapter 27 – Implication of Terms
Chapter 28 – Rectification
Part 3 – Specific Documents
Chapter 29 – Contracts
Chapter 30 – Deeds
Chapter 31 – Wills
Chapter 32 – Trusts
3 CASE LAW
Part 1 – Reasons for Judgment
Chapter 33 – Rules of Precedent
Chapter 34 – Ratio Decidendi
Chapter 35 – Obiter Dicta
Part 2 – Orders and Practice Directions
Chapter 36 – Orders
Chapter 37 – Practice Directions