Interpretation / by Perry Herzfeld and Thomas Prince.

Pyrmont, N.S.W. : Lawbook Co., 2024

3rd edition

201882

Law Interpretation and construction Civil law Interpretation and construction Australia International law Interpretation and construction Australia.

Law -- Interpretation and construction.

Civil law -- Interpretation and construction -- Australia.

International law -- Interpretation and construction -- Australia.

Book 1: Public law

Part 1: Statutes

1. General principles

2. Meaning of words

3. Definitions and deeming

4. Words with established meanings

5. Construction as a whole

6. Linguistic canons of construction

7. Purpose

8. Extrinsic material

9. Presumptions of construction

10. Rules about particular kinds of act

11. Amendments and repeals

12. Commencement and duration

Part 2: Instruments made under statute

13. Nature and validity of subordinate legislation

14. Interpretation and repeal of subordinate legislation

15. Rules of court

16. Non-legislative instruments

Part 3: Constitutions

17. Commonwealth constitution

18. State and territory constitutions

Book 2: Private law

Part 1: Construction

19. General principles

20. Meaning of words

21. Definitions and defined terms

22. Construction as a whole

23. Parts of a document

24. Linguistic maxims of construction

25. Purpose

26. Extrinsic evidence

Part 2: Implication and rectification

27. Implication of terms

28. Rectification

Part 3: Specific documents

29. Contracts

30. Deeds

31. Wills

32. Trusts

Book 3: Case law

Part 1: Reasons for judgment

33. Rules of precedent

34. Ratio decidendi

35. Obiter dicta

Part 2: Orders and practice directions

36. Orders

37. Practice directions.

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. - Publisher's website.

Previous edition: 2020.

Includes bibliographical references and index.

1, 2 (2020)

High use item, core collecting area

9780455503196

cc, 855 pages ; 25 cm