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The Use and Limits of Statutory Purpose in the Interpretation of Legislation

27-11-23 / Roger Traves KC — Appellate, Banking, Building & Construction, Commercial Equity, Contract, Corporations, Inquiries & Coronial Inquests, Insurance, Judicial Review & Administrative, Land Law & Property, Native Title & Cultural Heritage, Planning & Environment, Professional Discipline & Regulatory, Professional Negligence, Resources & Energy, Sport, Succession, Tax

In his article The Use and Limits of Statutory Purpose in the Interpretation of Legislation, Roger Traves KC considers a framework of approach to statutory construction and the use and limits of statutory purpose. Who should read? Advisory and litigation lawyers across all practice areas. What does the…

Taking Stock of Vanderstock: Section 90, Electric Vehicles and the Future of State Taxes on Goods

9-11-23 / Sarah Spottiswood, Michael Maynard — Judicial Review & Administrative, Tax

In the decision Vanderstock v Victoria [2023] HCA 30, the High Court held by a narrow 4:3 majority that a tax imposed by Victoria on the use of electrical and hybrid vehicles (EVs) was invalid. The decision is significant because the majority reopened and overruled previous High Court authority to reach…

Book Review – The Australian Class Action, A 30-Year Perspective

19-10-23 / James Green — Class Actions

For the Spring 2023 edition of Chapter III, the quarterly newsletter of the Federal Dispute Resolution Section of the Law Council of Australia, James Green has written a review of the book 'The Australian Class Action, A 30-Year Perspective' (Federation Press). The book is published on the 30th anniversary of…

Recent Developments in Trust Law Affecting the Obligations of Trustees of Discretionary Trusts

19-10-23 / Mark Robertson KC — Succession, Tax

Discretionary trusts in Australia are drafted to give trustees maximum flexibility in the exercise of their discretions, which are variously described as “uncontrolled”, “absolute” and even “irresponsible”. Since the 19th century the Courts have declined to examine the exercise (or non exercise) of these discretions, except in very special circumstances. The…

Dealing Effectively & Ethically with Experts

12-10-23 / Sam McCarthy, Bianca Kabel — Building & Construction, Commercial Equity, Corporate Insolvency & Bankruptcy, Resources & Energy

Co-hosted by Queensland Young Lawyers (QYL) and Level Twenty Seven Chambers, ‘Dealing Effectively & Ethically With Experts’ was a presentation and Q & A facilitated by Sam McCarthy and Bianca Kabel. This third event in the joint CPD series provided useful insights and strategies for effectively briefing, communicating with and obtaining reports from experts…