What was the common law before the making of the Act. Monash University. Duke University School of Law 8,693 views. Sign up to view the full 4 pages of the document. This model serves three purposes: 1. Joanna Kyriakakis . Department.

The mischief rule of statutory interpretation is the oldest of the rules. The Mischief Rule was applied to interpret that the prostitutes were doing what the statute was trying to abolish so they were convicted. The mischief rule [1] is one of three rules of statutory interpretation traditionally applied by English courts.

* Justice of the Federal Court of Australia.

The mischief rule, “the most firmly established rule for construing an obscure enactment” is another rule of statutory interpretation traditionally applied by English courts.

The mischief rule is contained in Heydon’s Case (1584) 3 Co Rep 7, where it was stated that for the true interpretation of all statutes four things are to be considered: 1st. Law. Professor. The mischief rule was established in Heydon's Case [1584] EWHC Exch J36 Case summary. THE MISCHIEF RULE. Week 9: Legislatio n surrounding interpretatio n of legislation. It provides a step-by-step guide for interpreting a statute. 9. Presumptions and statutory interpretation were considered in Potter v Minhan: Facts: the respondent entered Australia from China, and was asked to take a dictation test as was required of immigrants. Sri Srinivasan | Supreme Court Advocacy in Statutory Interpretation Cases - Duration: 1:04:51. Francis Burt Law Education Programme FBLEP Statutory Interpretation April 2016 The Law Society of Western Australia Page 2 of 4 Some of the rules have been enacted by Parliament as well as the High Court of Australia. 1:04:51 . Course Code. 2nd. In Re Sussex Peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute. Often they are reasonably short, summarising the contents and giving a brief reaction of the reviewer to the work. This preview shows page 1.

The process by which meaning and content are given, by the courts, to statutes and the words and phrases contained in them. by OC2509960. LAW1111. Rules for Interpretation Mischief Rule Purpose and Object Rule Extrinsic Material Rule Problems with the Rules Model for Interpretation Introduction There is a model for interpreting statutes that is based on a comprehensive analysis of the necessary process. This process is aided by various rules and presumptions, such as the literal, mischief and purpose rules, and recourse to extrinsic materials relating … This lecture was originally presented by the author as ‘Statutory Interpretation: ... the common law rule, confirmed by statutory provisions in the Common-wealth, the States and Territories, requires that, so far as possible, we give effect to the purpose of the provision in question. [2] The other two are the "plain meaning rule" (also known as the "literal rule") and the "golden rule".Contents.

(A) THE RULES OF STATUTORY INTERPRETATION 1. LAW1111 Lecture Notes - Lecture 9: Mischief Rule, Statutory Interpretation. The Forbidden Chapter: Isaiah 53 in … He contended that he is not an immigrant - he was born in Victoria, but moved to China in his fancy 26 years ago. Lecture.

The Golden Rule was used to handle a dispute in the Royal College of Nursing (RCN) v DHSS (1981) case. School. The rule was first laid out in a 16th-century ruling of the Barons of the Exchequer Court in Heydon’s case [16] which have been continually cited with approval and acted upon [17] . Statutory Interpretation Essay 1968 Words.

2. REVIEW Statutory Interpretation in Australia P C Pearce and R S Geddes Butterworths, 1988, Sydney (3rd edition) John Gava Book reviews are normally written to inform readers about newly published works. One example of the application of the golden rule is the case of R v Allen The final rule of statutory interpretation is the mischief rule,, Start studying AS Law01- Statutory interpretation (Literal and Golden rule). The purpose rule, or purposive approach, has been given pre-eminence by both Learn vocabulary, terms, and more with flashcards, games, and other study tools..

Which words are part of the s tatute? This general principle is most certainly strictly applied when the court takes the literal approach to statutory interpretation.