← All Authorities
Australia

Momcilovic v The Queen

(2011) 245 CLR 1
JurisdictionAustralia
Year2011
Statusunclear

Key Principle

The Victorian Charter of Human Rights and Responsibilities Act 2006 s.32 requires statutes to be interpreted compatibly with Charter rights "so far as it is possible to do so consistently with their purpose", which is a reading-down rule, not a UK Human Rights Act s.3-style rights-compliant reinterpretation. Section 36 declarations of inconsistent interpretation were found compatible with Ch III of the Constitution where they do not bind future courts.

Area of Law

constitutional

Related Cases

NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 97 ALJR 1005
Farm Transparency International v NSW (2022) 276 CLR 81
Palmer v Western Australia (2021) 272 CLR 505

Ask CommonBench about this case

Get a detailed analysis of Momcilovic v The Queen and how it applies to your situation.

Explain Momcilovic v The Queen