Making Sense of Momcilovic: The Court of Appeal, Statutory Interpretation and the Charter of Human Rights and Responsibilities Act 2006

Australian Institute of Administrative Law Forum No. 74

9 Pages Posted: 10 Jul 2014 Last revised: 9 Mar 2015

See all articles by Bruce Chen

Bruce Chen

Deakin University, School of Law

Date Written: September 14, 2013

Abstract

Since the High Court's landmark decision on the Charter of Human Rights and Responsibilities Act 2006 in Momcilovic v The Queen, the Victorian Court of Appeal has had the opportunity to apply the High Court's findings on several occasions. This paper examines four key cases to shed light on the current state of play regarding the Charter and statutory interpretation.

Keywords: human rights, statutory interpretation, Charter of Human Rights and Responsibilities Act 2006 (Vic), section 32(1), section 7(2), Momcilovic v The Queen, Victorian Court of Appeal

Suggested Citation

Chen, Bruce, Making Sense of Momcilovic: The Court of Appeal, Statutory Interpretation and the Charter of Human Rights and Responsibilities Act 2006 (September 14, 2013). Australian Institute of Administrative Law Forum No. 74, Available at SSRN: https://ssrn.com/abstract=2427715

Bruce Chen (Contact Author)

Deakin University, School of Law ( email )

Burwood, Victoria 3215
Australia

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