T 1.5 Applying statutes and cases

Citation

Name and address referencing a case

[Year in square brackets]

The year the case was reported

(Year in round brackets)

The year the case was heard/decided

Cur adv vult

Judge did not deliver an oral decision immediately but took time to consider before delivering the judgement

Material facts of a case

Actions & circumstances that led to a case coming before the court. These have a bearing on the decision

Issues

The questions the court must answer to reach its decision (could be issues of fact or law)

Applicable law

Statutory provisions central to the case and/or relevant case law

Ratio decideni

Principle of law established in a case

Purposive approach

Requires a court to work out what an act is trying to acheieve. Words of the provision should be interpreted to give effect to it.

Intrinsic aids to interpretation

Aids contained within the Act itself: eg. definitions within the legislation, deeming provisions

Extrinsic aids to interpretation

Ones outside the particular legislations: eg. Legislation Act 2019, other legislation, previous case law, dictionaries, subsequent case law interpreting same statute

Maxim: Noscitur a sociis

Context of the words is important

Maxim: Ejusdem generis

Class rule: if a statute lists items all from the same class, a following general phrase must be limited to items of the same class

Maxim: Expresso unius est exclusio alterius

Where matters are expressly mention in a provision, there is an assumption that others that are not mentioned are excluded

Golden ‘rule’ in interpreting statutes

Absurdity or injustice must be avoided

ILAC stands for:

Issue - Law - Application - Conclusion