Quick questions on Statutory interpretation and the role of the courts: VCE Legal Studies

Once a court interprets a statute, that interpretation becomes a precedent binding on lower courts in the hierarchy. Parliament can then accept the interpretation (do nothing), codify it (insert express words confirming it), or reverse it (amend the statute to displace it).

The dominant modern approach. Identify the purpose; choose the interpretation that promotes it.

The natural and ordinary meaning of the words is used. Subordinate to purposive interpretation.

Where the literal meaning produces an absurdity, the court may depart slightly to avoid it.

Identifies the "mischief" the Act was passed to correct (from Heydon's Case (1584) 76 ER 637), now largely subsumed within the purposive approach.

A word is interpreted in the light of accompanying words.

Where general words follow specific words, they are interpreted as limited to the same class.

The express mention of one thing implies the exclusion of others.

The High Court held that the Federal Court could not exercise cross-vested state jurisdiction, requiring close attention to the constitutional and statutory text.