Legislation and Statutory interpretation

Question 1

Does statute prevail over case Law?

Answer 1

Yes

Question 2

What is the literal rule?

Answer 2

Words given ordinary meaning in the context in which they appear.

Question 3

Golden Rule?

Answer 3

In case of error, Ordinary meaning of words departed from or remedy occur.

Question 4

Mischief rule?

Answer 4

Statutes interpreted to give effect t remedy, “mischief” in existing law.

Question 5

Modern Approach?

Answer 5

Statutes interpreted in wildest sense. Includes the mischief act

Question 6

Why was s 15AA of the AIA brought in?

Answer 6

To interpret an Act through the purposive approach rather than literal approach

Question 7

What are the two statutory act approaches?

Answer 7

Commonwealth-Acts interpretation Act

NSW- Interpretation Act 1987 (NSW) s 33.

Question 8

What case would you apply the literal rule to?

Answer 8

Project blue sky

Question 9

What case would you apply the modern approach to?

Answer 9

CIC insurance

Question 10

What is the definition of Ambiguity?

Answer 10

The quality to being open to more than one interpretation.

Question 11

What are extrinsic materials?

Answer 11

Document Act, Royal or other commissions of enquiry, parliamentary debates, explanatory memoranda, international instruments.