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Interpretation and Use of Legal Sources

Interpretation and Use of Legal Sources The Laws of Australia

Author: Perry Herzfeld; Thomas Prince; Stephen Tully
Publisher: Lawbook Co.
ISBN: 9780455230979
Published In: June 2013
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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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 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.

Excerpt from Foreword by Michael Kirby AC CMG:

"Many lawyers can get through their busy lives without an intimate acquaintance with many particular subjects of the law examined in The Laws of Australia (TLA). But none can get very far without a working familiarity with the approaches and rules that govern legal interpretation. Interpretation constitutes the key that unlocks the door to the meaning of law. This therefore is a topic of great relevance to every other particular topic of law. Necessarily, every such topic must be expressed in words (sometimes figures, symbols, formulae and other images). To say what the words and images mean, every professional lawyer must be acquainted with the material covered in this Title. It is because that material has undergone many statutory and common law changes in recent decades, that this Title has been completely rewritten. A new taxonomy is offered. It has greatly expanded the references and illustrations to guide the lawyer in performing this indispensable task."