HCA holds outsiders can seek declaration as to meaning of contract
If you are not a party to a contract, but you are affected by its terms, can you go to court to get a declaration about what the contract means?
Category: Contracts, Restitution and General Commercial Law
No Money for JAMS: the High Court lays down the law on unconscionable conduct
In a decision with wide-reaching ramifications for the doctrine of unconscionability in Australia, the High Court in Stubbings v Jams 2 Pty Ltd [2022] HCA 6 comprehensively overturned the decision of the Court of Appeal, finding that lenders had engaged in both general law and statutory unconscionable conduct in their asset-based lending system, and were not redeemed by their ‘window dressing’ advice certificates.
Rectification for common mistake succeeds in the Court of Appeal
The Victorian Court of Appeal’s decision in Queenfield provides an uncommon example of success for a party who sought rectification of a contract for common mistake.
The Proper Measure of Damages for Loss of Use of Real Property
In the recent case of Leeda Projects v Zeng, the Court of Appeal clarified the principles for the assessment of damages for loss of use of real property caused by a breach of contract.
Supreme Court rectifies, but says no to conventional estoppel based on pre-contractual dealings
A rare case of rectification which arose because, two years after the sale of a half share in a motel business, the parties realised that their sale agreement had left $6m of debts ‘up in the air’.
Contractual Obligations in the Age of COVID-19: Frustration of Contract
This is the second of two articles recapping two key concepts of contract law which may be relevant in the face of the ongoing coronavirus pandemic: the force majeure clause, and the common law doctrine of frustration.
Contractual Obligations in the Age of COVID-19: Force Majeure Clauses
This is the first of two articles recapping two key concepts of contract law which may be relevant in the face of the ongoing coronavirus pandemic: the force majeure clause, and the common law doctrine of frustration.
The king (quantum meruit) is dead, long live the king!
The High Court has significantly reduced the scope of the doctrine of quantum meruit in so far as it applies to work undertaken pursuant a contract which has been discharged. In such a case, quantum meruit is only available for completed work but for which a contract entitlement has not crystallised at discharge.
Privacy law reform and the new mandatory reporting regime for data breaches: how will it affect you?
The privacy and data protection regulatory landscape in Australia has seen further recent revision with the formal assent of the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) earlier this year. The new law will become operative from 22 February 2018.
Defamation update: Are hurt feelings a trivial matter?
To what extent are a defamation plaintiff’s hurt feelings relevant to the defence of triviality? On 20 October 2016, the majority of the Queensland Court of Appeal in Smith v Lucht [2016] QCA 267 definitively answered this question: the plaintiff’s hurt feelings are not relevant to the defence.
What if your sham contractor overpays?
The High Court has refused to resolve a conflicting authorities in the law regarding treatment of payments over award in sham employment contracts.