Tag: Judicial interpretation of similar provision
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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…