The Interpretation (Australia) 3rd ed

Australia Title

Interpretation has established itself as a leading text on all aspects of interpretation in Australian law.  It is frequently cited at all levels of the Australian legal system.

The Third Edition continues its uniquely broad coverage of interpretation in:

• public law, including the interpretation of statutes, the Constitution, subordinate legislation and non-legislative instruments;
• private law, including the interpretation of contracts, deeds, wills and trusts, the implication of terms and rectification; and
• case law, including the rules of precedent and the interpretation of court orders.

The work has been thoroughly revised and updated.  In addition to the most up-to-date case law, significant new developments discussed include:

• the presumption against retrospectivity in Stephens v The Queen (2022);
• the presumption against extraterritoriality in BHP Group Ltd v Impiombato (2022) and Karpik v Carnival plc (2023);
• the passage of the Legislation Interpretation Act 2021 (SA);
• the constitutional implications in Gerner v Victoria (2020) and Zurich Insurance Company Ltd v Koper (2023);
• the concepts of reading down, severance and “partial disapplication”;
• implied terms in informal contracts in Realestate.com.au Pty Ltd v Hardingham (2022) 97 ALJR 40; and
• the increased attention by the High Court and intermediate appellate courts to matters of precedent, including the meaning and identification of ratio, and the significance of dicta of those courts, considered in Hill v Zuda Pty Ltd (2022).

This comprehensively updated treatment of interpretation across all areas of the law cements the work’s position as an invaluable resource to the full breadth of the legal profession.