Interpretation Third Edition - eBook

Interpretation Third Edition - eBook

By Perry Herzfeld, Thomas Prince

eBook - ProView

$310.00* RRP

Forthcoming Release, 30/07/2024

Code: 9780455503202

Thomson Reuters, AUSTRALIA

Available Formats

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Book+eBook Interpretation Third Edition - Book+eBook 30/07/2024 43316321 $403.00 Pre-order
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Book Interpretation Third Edition - Book 30/07/2024 9780455503196 $310.00 Pre-order

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. 

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

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