Interpretation

This is the second edition of the work previously known as Interpretation and Use of Legal Sources. It covers all aspects of interpretation in Australian law:

• public law, including statutory and constitutional interpretation;

• private law, including the interpretation of contracts, deeds, wills and trusts; and

• case law, including the interpretation of judgments and the rules of precedent.

The new edition has been fully revised and updated. The coverage has been expanded to include:

• implication of terms in private documents;

• rectification of private documents; and

• interpretation of non-legislative statutory instruments, such as patents, industrial agreements and development consents.

The book has been restructured into smaller chapters, arranged thematically to assist in identifying parallels in the principles of interpretation in different areas.

The treatment of interpretation across all areas of the law is unique and makes this book an invaluable resource. The Honourable Dyson Heydon described the first edition as “one of a small handful of outstandingly able books on Australian law produced so far this century” and a book that “really does need to be on every lawyer’s shelves”.

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CONTENTS

1  PUBLIC LAW

Part 1 – Statutes

  Chapter 1 – General Principles

  Chapter 2 – Meaning of Words

  Chapter 3 – Definitions and Deeming

  Chapter 4 – Words with Established Meanings

  Chapter 5 – Construction as a Whole

  Chapter 6 – Linguistic Canons of Construction

  Chapter 7 – Purpose

  Chapter 8 – Extrinsic Material

  Chapter 9 – Presumptions of Construction

  Chapter 10 – Rules about Particular Kinds of Act

  Chapter 11 – Amendments and Repeals

  Chapter 12 – Commencement and Duration

Part 2 – Instruments Made under Statute

  Chapter 13 – Nature and Validity of Subordinate Legislation

  Chapter 14 – Interpretation and Repeal of Subordinate Legislation

  Chapter 15 – Rules of Court

  Chapter 16 – Non-Legislative Instruments

Part 3 – Constitutions

  Chapter 17 – Commonwealth Constitution

   Chapter 18 – State and Territory Constitutions

2  PRIVATE LAW

Part 1 – Construction

    Chapter 19 – General Principles

    Chapter 20 – Meaning of Words

    Chapter 21 – Definitions and Defined Terms

    Chapter 22 – Construction as a Whole

    Chapter 23 – Parts of a Document

    Chapter 24 – Linguistic Maxims of Construction

    Chapter 25 – Purpose

    Chapter 26 – Extrinsic Evidence

 Part 2 – Implication and Rectification

  Chapter 27 – Implication of Terms

   Chapter 28 – Rectification

   Part 3 – Specific Documents

  Chapter 29 – Contracts

    Chapter 30 – Deeds

    Chapter 31 – Wills

    Chapter 32 – Trusts

3 CASE LAW

Part 1 – Reasons for Judgment

    Chapter 33 – Rules of Precedent

    Chapter 34 – Ratio Decidendi

    Chapter 35 – Obiter Dicta

Part 2 – Orders and Practice Directions

    Chapter 36 – Orders

    Chapter 37 – Practice Directions

General Downloads

• Interpretation 2nd ed [PDF 595159]