Authorities Flashcards
The literal approach
Engineers Case 1920
The golden rule
Grey v Pearson 1857
The mischief rule
Heydons case 1584
The literal rule of construction
Mills v Meeking 1990
Courts cannot ignore a word in an act
R v L 1994
Can courts correct errors in the act?
Taylor v Owners
The purpose of legislation
Lacey v AG (qld) 2011
Unreasonable consequences
Barton Case 1957
The contextual approach
CIC Insurance Case 1997
All words carry meaning
Project Blue Sky 1998
Words are presumed to be used consistently throughout an act
Wilson Case 1986
Words are presumed to carry their current meaning
Deputy commissioner of Taxation v Clark 2003
Noscitur a sociis
R v Ann Harris 1836
Expressio unius est exclusio alterius
Wiesengrund [1955]
For the purpose of an act, ordinary words may be given specific meaning
Fisher v Bell [1961]
Dictionaries may be used in a non-conclusive way to define words of an act
State chamber of commerce and industry v commonwealth 1987
Terra nullius
Relationship with sovereignty over the settled land
Cooper v Stuart 1889
Native title post
Mabo;
Wik peoples v Queensland 1996
Noscitur a sociis (meaning - not authority)
A thing is known by its associates.
Use if there is no pattern in the words
Ejusdem generis (meaning - not authority)
Of the same kind
Domestic pets example
Expressio unius
{est exclusio alterius} (meaning - not authority)
The mention of one thing is the exclusion of another
Procedural fairness
Kioa 1985
Generalia specialibus
{non derogant}
meaning
General provisions do not override specific provisions
The words of a minister must not be substituted for the text of the law
Bolton 1987
Parliament does not interfere with fundamental rights
Coco 1994
All criminal offences have some form of mens rea
He Kaw Teh 1985
Penal provisions are strictly construed
Beckwith 1976
Statutes do not operate restrospectively
Rodway 1990
