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Statutory Interpretation in Australia, 8th edition
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Statutory Interpretation in Australia, 8th edition

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Published Aug 2014 (LexisNexis)
ISBN: 9780409336955. Hard Cover.
Description

Pearce, D C; Geddes, R S 

Statutory Interpretation in Australia is one of the most cited books in judgments of Australian courts and tribunals. It has been there for the last 40 years to assist lawyers and judges in any case that required interpretation of legislation. It has become an essential tool of practice for anyone engaged in statutory interpretation. 

Forty years on since the first edition was published and eight editions later Statutory Interpretation in Australia remains the pre-eminent text on the subject. Statutory Interpretation in Australia concentrates on: Statements of the courts and tribunals – describing approaches, assumptions and techniques of interpretation, as well as the application of these in one’s work. The Interpretation Acts of each of the Australian jurisdictions - understanding the content of which is essential to determining the meaning of legislation. Extensive case references to the relevant principles for each jurisdiction have been included, allowing readers to identify the authorities that best suit their particular purposes. 

This 40th anniversary edition is an essential reference work for the judiciary, practitioners and students.

In the Foreword to this edition The Hon. Chief Justice Robert French AC says: 

 “The book is lucid, well organised and eminently readable, whether from cover to cover or by topical chapter or section. Importantly, it brings to judges, practitioners, teachers and students a comprehensive account of what is, in principle and practice, perhaps the most important subject area in the day-to-day working of the legal system.” 

Emeritus Professor Dennis Pearce AO, FAAL is a member of the ANU College of Law, Australian National University and a Special Counsel at HWL Ebsworth, Lawyers. He is also the author of Delegated Legislation in Australia, 4th edition (with Stephen Argument) and Administrative Appeals Tribunal, 3rd edition and is the editor of LexisNexis looseleaf Australian Administrative Law. Adjunct 

Professor Robert S Geddes is an Adjunct Professor in the School of Law, University of New England. He is also the principal author of the chapters on statutory interpretation in Laying Down the Law, the first edition of which was published thirty years ago. 

TABLE OF CONTENTS 

  1. Introduction 
  2. Approaches to the Interpretation of Legislation 
  3. Extrinsic Aids to Interpretation 
  4. Intrinsic or Grammatical Aids to Interpretation 
  5. Legal Assumptions: Principle of Legality 
  6. Interpretation Acts and Sections 
  7. Interpretation of Repealing Acts, Amending Acts and Acts Incorporating other Statutes
  8. Interpretation of Consolidating, Reprinted and Codifying acts 
  9. Interpretation of Remedial, Penal and Fiscal Provisions 
  10. Retrospective Operation of Legislation
  11. Obligatory and Discretionary Provisions
  12. Drafting Conventions and Expressions

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