Statutory Interpretation and the Critical Role of Soft Law Guidelines in Developing a Coherent Law of Remedies in Australia

Abstract

This chapter considers three particular challenges faced by metalegislation such as the Australian Consumer Law (ACL). The first is to ensure coherent development of the law both within the legislative regime and also between that regime and the common law context in which it is squarely situated.The second, related challenge is to promote the principled and coherent development of an important legal regime in a context where its beneficiaries are unlikely to pursue their rights in court.