Category: Statutory Construction
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Zickar v MGH: repetition of a judicially construed provision
Zickar v MGH 187 CLR 310 @329 In R v Reynhoudt (94) Dixon CJ said: "[T]he view that in modern legislation the repetition of a provision which has been dealt with by the courts means that a judicial interpretation has been legislatively approved is, I think, quite artificial. " This passage was referred to by…
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Wipro v New South Wales: the re-enactment presumption
Wipro v NSW (2022) 110 NSWLR 520 Fifthly, the first defendant relies on the re-enactment presumption that “where the Parliament repeats words which have been judicially construed, it is taken to have intended the words to bear the meaning already ‘judicially attributed to (them)’” (Re Alcan Australia Ltd; Ex Parte Federation of Industrial, Manufacturing and…
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You can’t unring a bell but you can un-know a fact
Murgolo v AAI Ltd t/as AAMI [2019] NSWCA 295 In 2012 Mr Murgolo was a sub-contractor working on a building site at Miranda Public School. On 19 January 2012, Mr Murgolo was injured when two workers were allegedly negligent in failing to secure an acrow prop, which fell and caused an injury to Mr Murgolo’s…
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S 318 Workplace Injury Management Act – “materially different”
Sohailee v City Projects & Developments Pty Ltd [2019] NSWSC 1452 22 The purpose of s 318 of the Workplace Injury Act must be to ensure that claimants and employers properly participate in the pre-filing process required by the Act; that is, the claimant is required to put the defendant on notice of the particulars…
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S 318 Workplace Injury Management Act – “materially different”: particulars of negligence and foreseeability
Sohailee v City Projects & Developments Pty Ltd [2019] NSWSC 1452 22 The purpose of s 318 of the Workplace Injury Act must be to ensure that claimants and employers properly participate in the pre-filing process required by the Act; that is, the claimant is required to put the defendant on notice of the particulars…
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Compulsory acquisition; statutory construction; vested rights
Roads and Maritime Services v Desane Properties Pty Ltd [2018] NSWCA 196
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"Means and includes"
Council of the Law Society of New South Wales v Bouzanis [2017] NSWCA 330 I turn now to the definition of “trust money” in s 243. The definition is of the not unfamiliar kind that begins with a broad statement (“means”) to which is added (“and includes”) additional items that may not otherwise be…
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Recovery of compensation payments
The question to be determined by the Court was whether Parkes Shire Council was able to recover payments of workers’ compensation from South West under s 151Z of the Workers Compensation Act 1987 (NSW).
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Legislative mistakes
Nash v Silver City Drilling (NSW) Pty Ltd [2017] NSWCA 100 A definition using the term “means” is generally to be understood as exhaustively defined by what follows. Because the definition of “sentence” has 11 paragraphs, which include many kinds of order which would not ordinarily be thought of as part of the sentence,…