Commercial Contracts - Audio Recording & Papers
31 January 2018
CLE points: Four (4)
Category: Substantive Law
Introduction from Chair
Chair: Ned BOYCE, Consultant Hunt & Hunt
Topic 1: The Objective Theory of Contract
Speaker: Hon Dyson HEYDON QC AC, Barrister 8th Floor Selbourne Chambers, formerly Justice of High Court of Australia
• Its scope
• Its limits
• Its justification
• Its problems
Topic 2: Enforcing Contracts for Digital Services
Speaker: Patrick GUNNING, Partner King & Wood Mallesons
• Understanding dependence on data
• AI and Contracts on the web
• Enforcement remedies
• Contract issues when storing data in the Cloud
Topic 3: The equitable doctrine of Part Performance: is it time for a re-evaluation?
Speaker: Andrew TOKLEY SC, Barrister 5th Floor Wentworth Chambers
• Contracts requiring written evidence
• The statute of Frauds and the law of part performance
• Will the High Court continue to follow Maddison v Alderson?
• Will the High Court follow the House of Lords in Steadman v Steadman?
• Are Constructive Trusts a solution or is a legislative solution required?
• Tips for advising clients
Topic 4: E-contracts for sale of land - history, mythology and reality
Speaker: Mark MORGAN, Consultant Colin, Biggers & Paisley
• A short history of e-commerce
• Current position of Australian common law relevant to sale of land e-contracts
• Operation of electronic transaction legislation in Australia to sale of land e-contracts - relevance, if any