Interpretation&use of Legal Sources-LOA

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Interpretation&use of Legal Sources-LOA

Course Codes : LAWS5143
ISBN : 9780455230979
Publisher : Thomson Reuters
Author(s) :
Publication Date :
Overview In his foreword, the Hon Michael Kirby AC CMG states that "interpretation constitutes the key that unlocks the door to the meaning of law."  Today's legal practice increasingly involves consideration of a statute, private instrument or judgment. Prepare for this skill with a firm theoretical and practical understanding of interpretation as provided by this work. Interpretation and Use of Legal Sources – The Laws of Australia provides a comprehensive account of the Australian law of interpretation. It covers interpretation in public law, private law and international law, as well as the interpretation of case law. This unique treatment of interpretation across all areas of the law makes this book an invaluable resource for practitioners and students alike. The Hon Dyson Heydon has described this work as "one of a small handful of outstandingly able books on Australian law produced so far this century". He concludes that "it really does need to be on every lawyer's shelves". The text covers: constitutional interpretation; statutory interpretation; interpretation of subordinate legislation; interpretation of international law; interpretation of private law documents generally; interpretation of contracts, deeds, wills and trusts; the rules of precedent; interpretation of judgments, orders and practice directions; and questions of interpretation raised by res judicata and issue estoppel. This material is also published as Title 25 “Interpretation” of The Laws of Australia legal encyclopaedia. Judicially cited: • Herzfeld P, Prince P and Tully S, Interpretation and Use of Legal Sources – The Laws of Australia (Thomson Reuters, 2013), p 504 (material reproduced from Interpretation and Use of Legal Sources 25.3 “Private Law”) was cited by Basten JA, Emmett JA and Leeming JA in Tempe Recreation (D.500215 and D.1000502) Reserve Trust v Sydney Water Corp [2014] NSWCA 437 at [53]. • Herzfeld P, Prince P and Tully S, Interpretation and Use of Legal Sources – The Laws of Australia (Thomson Reuters, 2013) at [25.1.2800] (material reproduced from Interpretation and Use of Legal Sources 25.1 "Australian Domestic Laws") was cited by Weinberg JA, Priest JA, Beach JA in Cvetanovski v The Queen [2015] VSCA 65 at [21].  • Herzfeld P, Prince P and Tully S, Interpretation and Use of Legal Sources – The Laws of Australia (Thomson Reuters, 2013), pp 689-690 (material reproduced from Interpretation and Use of Legal Sources 25.4 "Judicial Statements") was cited by McColl JA, Barrett JA, Tobias AJA in Sertari Pty Ltd v Quakers Hill SPV Pty Ltd [2014] NSWCA 340 at [82].

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