LEGAL FOUNDATIONS NOTES
Contents Page
Statutory Interpretation
• The Modern Approach to Statutory Interpretation
• Method
1. Jurisdiction
2. Commencement
3. Find relevant provision
4. Interpretation Act
5. Literal Rule – explain the literal meaning of the rule & consequence.
6. Interpretive maxims – for ambiguity only.
7. Purposive approach (in/extrinsic mat)
1. Explain why extrinsic material is not useful if it isn’t.
8. Golden rule/Mischief rule
9. Common law presumptions
10.Conclude
• How to do well
• Delegated Legislation
Case Analysis
1. Analyse the case given
2. Ratio decidendi
3. Material facts
4. Obiter dicta
5. Court hierarchy
6. Legal reasoning
1. Five types of arguments
7. How to write a judgement
, STATUTORY INTERPRETATION
The Modern Approach to Statutory Interpretation
• A court is required to take a purposive interpretation.
• Kingston v Keprose Pty Ltd
o A purposive not literal approach now prevails in statutory interpretation.
o If provision grammatically only has one meaning + context/purpose throws no real doubt on
meaning, court must take the grammatical meaning as Parliament’s intention.
o Court cannot depart from meaning if no real doubt in intention, even if produces injustice/anomaly
o However, if grammatical meaning gives rise to an injustice/anomaly, real doubt usually arises as to
whether Parliament intended that grammatical meaning to prevail.
o If grammatical meaning x give effect to purpose of legislation, g.meaning x prevail.
o Grammatical meaning must give to the a construction that will promote purpose/object of the Act.
• Bropho v State of Western Australia and Another
o Greater emphasis on legislative purpose + reference to extrinsic materials for determining purpose.
▪ s 19 IA (WA)
Method
1. Legal issue?
In order to determine if an offence has been committed by [name] under s X of the ____ Act, it must be
determined whether [he/she] ______ by ______ .
2. Jurisdiction:
a. Where did the event take place?
b. Jurisdiction of the Act?
c. Does the Act apply?
d. The legislation and the act falls within the same jurisdiction
i. The ____ Act (‘the Act’) applies in the jurisdiction of WA as indicated by the Western Australian
Coat of arms at the start of the Act.
ii. The alleged act took place at ____. As __[place]___ is in Western Australia, the actions of ____
are governed bby this Act and we must use the Interpretation Act 1984 (WA) (‘IA’) for
interpreting terms if necessary.
a. Since the place where the alleged act took place is not explicitly stated, the actions of _____
can be assumed to have taken place in Western Australia because _____ . Therefore,
__person__ ‘s conduct is governed by this Act, and hence we must only use the Interpretation
Act 1984 (WA) (‘IA’) for interpreting any terms.
3. Commencement: has the legislation commenced? Amendments? Repeals?
a. When did events occur?
b. When did Act commence? (IA s 20(2))
c. Was the Act in force when events occurred?
Contents Page
Statutory Interpretation
• The Modern Approach to Statutory Interpretation
• Method
1. Jurisdiction
2. Commencement
3. Find relevant provision
4. Interpretation Act
5. Literal Rule – explain the literal meaning of the rule & consequence.
6. Interpretive maxims – for ambiguity only.
7. Purposive approach (in/extrinsic mat)
1. Explain why extrinsic material is not useful if it isn’t.
8. Golden rule/Mischief rule
9. Common law presumptions
10.Conclude
• How to do well
• Delegated Legislation
Case Analysis
1. Analyse the case given
2. Ratio decidendi
3. Material facts
4. Obiter dicta
5. Court hierarchy
6. Legal reasoning
1. Five types of arguments
7. How to write a judgement
, STATUTORY INTERPRETATION
The Modern Approach to Statutory Interpretation
• A court is required to take a purposive interpretation.
• Kingston v Keprose Pty Ltd
o A purposive not literal approach now prevails in statutory interpretation.
o If provision grammatically only has one meaning + context/purpose throws no real doubt on
meaning, court must take the grammatical meaning as Parliament’s intention.
o Court cannot depart from meaning if no real doubt in intention, even if produces injustice/anomaly
o However, if grammatical meaning gives rise to an injustice/anomaly, real doubt usually arises as to
whether Parliament intended that grammatical meaning to prevail.
o If grammatical meaning x give effect to purpose of legislation, g.meaning x prevail.
o Grammatical meaning must give to the a construction that will promote purpose/object of the Act.
• Bropho v State of Western Australia and Another
o Greater emphasis on legislative purpose + reference to extrinsic materials for determining purpose.
▪ s 19 IA (WA)
Method
1. Legal issue?
In order to determine if an offence has been committed by [name] under s X of the ____ Act, it must be
determined whether [he/she] ______ by ______ .
2. Jurisdiction:
a. Where did the event take place?
b. Jurisdiction of the Act?
c. Does the Act apply?
d. The legislation and the act falls within the same jurisdiction
i. The ____ Act (‘the Act’) applies in the jurisdiction of WA as indicated by the Western Australian
Coat of arms at the start of the Act.
ii. The alleged act took place at ____. As __[place]___ is in Western Australia, the actions of ____
are governed bby this Act and we must use the Interpretation Act 1984 (WA) (‘IA’) for
interpreting terms if necessary.
a. Since the place where the alleged act took place is not explicitly stated, the actions of _____
can be assumed to have taken place in Western Australia because _____ . Therefore,
__person__ ‘s conduct is governed by this Act, and hence we must only use the Interpretation
Act 1984 (WA) (‘IA’) for interpreting any terms.
3. Commencement: has the legislation commenced? Amendments? Repeals?
a. When did events occur?
b. When did Act commence? (IA s 20(2))
c. Was the Act in force when events occurred?
