Intuitive Synthesis and Fidelity to Purpose? Judicial Interpretation of the Discretionary Power to Award Civil Penalties under the Australian Consumer Law

in Prue Vines and Donald M Scott (Eds), Statutory Interpretation in Private Law, Federation Press, 2019

U of Melbourne Legal Studies Research Paper #889

30 Pages Posted: 26 Jun 2020

See all articles by Jeannie Marie Paterson

Jeannie Marie Paterson

University of Melbourne - Law School

Elise D. Bant

University of Melbourne - Law School

Date Written: June 25, 2020

Abstract

The fertility of judicial techniques of statutory interpretation is uniquely evidenced in the development of the jurisprudence supporting the award of civil pecuniary penalties for specific contraventions of the Australian Consumer Law (ACL) and equivalent provisions in the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act).

Keywords: Australian Consumer Law, statutory interpretation

JEL Classification: K29

Suggested Citation

Paterson, Jeannie Marie and Bant, Elise D., Intuitive Synthesis and Fidelity to Purpose? Judicial Interpretation of the Discretionary Power to Award Civil Penalties under the Australian Consumer Law (June 25, 2020). in Prue Vines and Donald M Scott (Eds), Statutory Interpretation in Private Law, Federation Press, 2019; U of Melbourne Legal Studies Research Paper #889. Available at SSRN: https://ssrn.com/abstract=3635221

Jeannie Marie Paterson (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Elise D. Bant

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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