Where more than one interpretation is open it may be appropriate to select the one that is consonant with the common law and/or equity. See Balog v Independent Commission Against Corruption (1990) 169 CLR 625 and Minister for Lands and Forests v McPherson (1991) 23 NSWLR 687
The common law approaches are reflected in:
- textualism – the literal rule
- contextualism – the golden rule
- purposivism – the mischief rule
Latin maxims may be used but care should be taken to ensure they do not override a contextual and purposive approach.
Rhys's Statutory Interpretation Site 