Statutory Misinterpretation: Rash Holding in Brash Holdings

Abstract

The modern approach to statutory construction guides the judiciary, the legal profession, litigants, and academics in interpreting the myriad legislative provisions in Australian law. Yet what if critical sections have been construed in ways that are irreconcilable with the basic rules of modern statutory interpretation? One of the most important commercial statutes in the country is the Corporations Act 2001 (Cth). This article exposes one instance of misinterpretation in respect of that statute, contained in a decision of a unanimous Full Court of the Supreme Court of Victoria, and makes proposals for resolving such quandaries.