Acts Interpretation Act 1901 (Cth) | Purposive approach- S 15AA (1) – have regard to objects and purposes that Parliament was seeking to achieve
Use of extrinsic material- S 15AB – courts may look at extrinsic material such as Parliamentary debates, reports of law reform commissions etc
Rules as to gender and number
s 23 In any Act, unless the contrary intention appears: (a) words importing a gender include every other gender; and
(b) words in the singular number include the plural and words in the plural number include the singular.
Meaning of certain words S 22 (1) In any Act, unless the contrary intention appears: (a) expressions used to denote persons ...view middle of the document...
| The effect was to repeal the Colonial Laws Validity Act 1865 (SEE ACT) in relation to the Commonwealth. |
Law Reform (Miscellaneous Provisions) Act 1955 (ACT) | S33
provides that liability in damages for negligence includes liability for loss of the plaintiff’s capacity to perform domestic services that he or she might reasonably have been expected to perform for his or her household had he or she not been injured. |
Legislation Act 2001 (ACT)
(Interpretation of legislation) | S139
In addition to interpreting a provision in legislation in accordance with the purpose of the legislation courts will interpret a provision in accordance with its context including - accompanying words - other parts of the legislation- other legislation
(SEE Ejusdem generis definition AND Noscitur a sociis definition)
s 75B (2)
Statutes do not operate retrospectively unless expressly provided for (in the ACT this is provided for in s 75B (2) of the Legislation Act 2001)
Civil Law (Wrongs) Act 2002 ACT
(DUTY OF CARE, BREACH OF DUTY – STANDARD OF CARE)
(MISREPRESENTATION) | S 42 standard of care – that of a reasonable person in the defendant’s position in possession of the information that the defendant had or ought reasonably to have had
S 43 precautions against risk – general principles- A person is not negligent in failing to take precautions against a risk unless - Risk was foreseeable - Risk was not insignificant
- And a reasonable person would have taken those precautions
s43(2) ; equivalent provisions exist in all jurisdictions. This is also the common law approach.
Specifically addresses the liability of public authorities and limits the cases in which a public authority will be liable eg- Functions required to be exercised are limited by financial resources s 110- Only a breach of statutory duty if so unreasonable that no authority could have considered the act or omission to be a reasonable exercise of its functions s111- Not liable if the claim is based on the failure of authority to prohibit or regulate an activity s 112
s 45(1) - Negligence was a necessary condition of the happening of the harm – factual causation
45(1)(b) - requires the court to consider whether “it is appropriate for the scope of the negligent person’s liability to extend to the harm so caused”.
S 45(2) Court may continue to apply common law principles about assignment of responsibility for causing harm
S 46 Plaintiff bears the burden of proof on balance of probabilities
s15 Contributory negligence – the plaintiff was also negligent -
s47 damages can be apportioned but can also be reduced to nils95 - Presumption of contributory negligence—injured person intoxicated
(1) Contributory negligence must be presumed if the injured person was intoxicated at the time of the accident and the defendant claims contributory negligence. (2) The presumption can...