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Litigating in a Statutory Universe - High Court of Australia

Litigating in a Statutory Universe - High Court of Australia 2025

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The document is a speech by Chief Justice Robert French AC at the Victorian Bar Association's 2nd Annual CPD Conference, discussing the complexities of litigation within a predominantly statutory legal framework in Australia. It emphasizes the interplay between common law and statutes, highlighting how modern legal issues often require navigating both to find resolutions. The speech explores various aspects of statutory interpretation, legislative intention, and the evolving nature of laws, particularly in relation to access to justice and rights protection.

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What is a statute in the Australian legal system?

Statute Law is the law made by Parliament. It is introduced in a Bill and, if passed, becomes an Act.

What power does the High Court of Australia have?

The functions of the High Court are to interpret and apply the law of Australia; to decide cases of special federal significance including challenges to the constitutional validity of laws and to hear appeals, by special leave, from Federal, State and Territory courts.

What is the statutory interpretation of law in Australia?

Statutory interpretation is the process by which the courts interpret and apply legislation.

What is the modern approach to statutory interpretation Australia?

In that case his Honour had said: The modern approach to interpretation insists that the context be considered in the first instance, especially in the case of general words, and not merely at some later stage when ambiguity might be thought to arise.

What is the golden rule of statutory interpretation Australia?

The golden rule is a rule of statutory interpretation and allows the courts to assume that Parliament intended that its legislative provision have a wider definition than its literal meaning, and so the grammatical and ordinary sense of a word can be modified to avoid the inconsistency or absurdity created by an

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What is a statutory interpretation in Australia?

Statutory interpretation is the process by which the courts interpret and apply legislation. (i.e. Acts of Parliament). Although legislation is contained in a written form the process of. interpreting legislation is complex and can often be the subject of an appeal. Interpreting.

How many courtrooms are there in the High Court of Australia?

There are 3 courtrooms in the High Court of Australia building in Canberra. The High Court is established by section 71 of Australias Constitution.

Litigating in a Statutory Universe - High Court of Australia 2025

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What is a statute in the Australian legal system?

What power does the High Court of Australia have?

What is the statutory interpretation of law in Australia?

What is the modern approach to statutory interpretation Australia?

What is the golden rule of statutory interpretation Australia?

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What is a statutory interpretation in Australia?

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