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Judge’s Associate in the Federal Court

by | May 25

Esso Australia Pty Ltd v The Australian Workers’ Union (2017) 263 CLR 551. Interpretive Criteria used by Justice Gageler as dissenting. Answer the below questions 1. Gageler J, what was his Statutory Interpretation criteria and what principles were not used. 2. Did Gageler give any weight of other Judges? 3. Why did or why didn’t Gageler rely on the other Judges decision? 4. Intrinsic and Extrinsic materials 5. Comparable Cases 6. Conclusion reached 7. Do you agree with Gageler J. 1300 words
You are a Judge’s Associate in the Federal Court. Your Judge, Justice Jones, comes to you with a statutory interpretation task. The case was the recent High Court case of Esso Australia Pty Ltd v The Australian Workers’ Union (2017) 263 CLR 551. This case involved the interpretation of the Fair Work Act 2009 (Cth) and the interpretation of s 413 that specifies the common requirements for industrial action to qualify for protected industrial action. Your Judge is interested in the case history of this decision and asks you to look at its treatment in the High Court.
Locate the High Court judgement then draft a legal memorandum outlining the key aspects of statutory interpretation that the case involved. In your memorandum, answer the following:
a. Outline the relevant legal issue(s) in the High Court; (200 words maximum)
b. Critically analyse the interpretative criteria applied by Justice Gageler, the dissenting Judge in the High Court decision. (You will find the relevant discussion in paragraph 65-106 of the decision); (1000 words)
c. In your own words, explain the conclusion reached by the High Court in the majority decision;  (150 words)
d. Do you agree/disagree with the conclusion reached by the High Court? (150 words)
Structure – your memorandum should contain the following components:
1. Relevant legal issues
2. Interpretative criteria applied by Justice Gageler
3. Conclusion of the High Court
4. Critical commentary
5. Appropriate references by way of footnotes and a bibliography in accordance with AGLC4 referencing.
You may use headings, bullet points and numbering to structure your presentation.
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