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Summary of Maxims, Precedents and Statutory Interpretation

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Introduction to statutory interpretation using relevant maxims e.g. ejusdem generis, rebuttable presumptions and relevant cases to use in case analysis

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Summary of Maxims, Precedents and Statutory Interpretation
Topics this document covers:
Law Legal history Philosophy of law Purposive approach Statutory interpretation Plain meaning rule He Kaw Teh v The Queen Golden rule Mischief rule Acts Interpretation Act
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Topics this document covers:
Law Legal history Philosophy of law Purposive approach Statutory interpretation Plain meaning rule He Kaw Teh v The Queen Golden rule Mischief rule Acts Interpretation Act
Sample Text:
Focus first on the structure and text of the Act before moving onto broader contextual matters. 15AA always operates first. Courts must use the Literal Rule in interpreting statute meaning using the ‘plain, ordinary meaning of the rule’. If the words are clear they must be applied. Engineers case (Amalgamated Society of Engineers v Adelaide Steamship (1920) 28 CLR 129 at 161-2 Higgins J: “The fundamental rule of interpretation, to which all others are subordinate, is that a statute is to be expounded according to the intent of the Parliament that made it; and that intention has to be found by an examination of the language used in the statute as a whole. The question is, what does the language mean; and when we fin...
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