'text, context, and purpose': Australian lawmakers' adoption of the CISG, and the use of legislative histories as aids in statutory interpretation

The United Nations Convention on Contracts for the International Sale of Goods (‘CISG’ or ‘Convention’), a convention aimed at harmonising international sales law and thereby promoting international trade, has been part of Australian law for over 30 years. An interpretative problem persists, however, with respect to Australia’s implementing Acts: one reading, endorsed in the case law, suggests that the Convention applies only on a provision-by-provision basis where inconsistent with non-harmonised Australian law. Whilst the CISG’s text is subject to its own internationally minded interpretative rules, Australia’s implementing Acts are instead subject to ordinary Australian statutory interpretation principles. This article applies Australia’s extrinsic materials rules, in conjunction with Australia’s CISG legislative histories (explanatory memoranda, second reading speeches and parliamentary debates relating to the Convention’s adoption), to confirm our legislatures’ intent to apply the CISG in its entirety in Australia. After identifying that no Australian CISG cases have yet referenced those materials, this article identifies how future case law (and local and international legislative activity) can benefit from their consideration.