From: Simone Degeling <>
Date: 09/12/2015 00:36:31 UTC
Subject: Contracts in Commercial Law - 18-19 December 2015

Dear Colleagues (apologies for duplicate posting)


It is not too late to register for the Contracts in Commercial Law conference being hosted by UNSW Law on 18-19 December 2015. We are looking forward to what promises to be a two day feast of debate and discussion on vital issues in contract scholarship including the penalties doctrine, illegality, good faith, estoppel, implied terms and a host of other cutting edge issues.




From the judiciary:


The Hon Justice Susan Kiefel AC (High Court of Australia), Consideration in contract - some historical and comparative perspectives

The Hon Chief Justice James Allsop AO (Chief Justice, Federal Court of Australia), Characterisation of contractual terms and commercial relationships

The Hon Chief Justice Tom Bathurst AC (Chief Justice, Supreme Court of NSW), General law principles impacting on contractual rights

The Hon Justice Andrew Phang and Goh Yihan (Supreme Court of Singapore/SMU), Encounters with history, theory and doctrine – some reflections on discharge by breach of contract

The Rt Hon the Lord Hope KT PC, Specific implement and specific performance - are they really much the same?



From the academy and profession

Dr Andrew Bell SC (11 Wentworth Chambers), Excluding exclusion clauses: judicial and statutory techniques, freedom of contract and public policy

Prof Andrew Burrows QC (Hon) FBA DCL (University of Oxford), Illegality as a defence in contract

Prof Mindy Chen-Wishart (University of Oxford), Why bother with the consideration doctrine?

Prof Hugh Collins FBA (University of Oxford), Is a relational contract a a legal concept?

Prof Joshua Getzler (University of Oxford), Contract formation and different conceptions of evidence

Prof Ben McFarlane (UCL), Equitable estoppel as a cause of action: neither one thing nor one other

Prof David McLauchlan (Victoria University of Wellington), The many versions of rectification for common mistake


Prof Elisabeth Peden (University of Sydney), Evidence of “genuineness”? Available evidence on the question of penalties

Prof David Percy (University of Alberta), The emergence of good faith as a principle of contract performance

Prof Andrew Robertson (University of Melbourne), The foundations of implied terms: logic, efficacy and purpose

Prof Robert Stevens (University of Oxford), In praise and defence of the traditional rules for the interpretation of contracts

Prof Andrew Tettenborn (Swansea University), Of debts, damages and errant trustees




A/Prof Tham Chee Ho (SMU), The mechanics of equitable assignments: one engine or two?

Dr Carmine Conte (University of Cambridge), Reconceptualising part payment forfeiture clauses

Mr Andrew Dyson (LSE), Contractual estoppel and the scope of party autonomy

Ms Jodi Gardner (University of Oxford), Justifying limitations on credit contracts: ensuring a social minimum for vulnerable borrowers

Mr Nicholas Tiverios (UCL), Doctrinal approaches to the law of penalties

Dr Fred Wilmot-Smith (University of Oxford), Term limits

Dr David Winterton (UNSW Law), Twenty five years on: re-examining Commonwealth v Amann Aviation Pty Ltd and the problem of pre-contractual expenditure



The Hon Justice Margaret Beazley AO, President, New South Wales Court of Appeal

The Hon Justice Jacqueline Gleeson, Federal Court of Australia

The Hon Justice Mark Leeming, New South Wales Court of Appeal

Prof Barbara McDonald, University of Sydney

Prof Gerard McMeel, University of Manchester

Professor The Hon William Gummow AC, Non Permanent Judge, Hong Kong Court of Final Appeal

Malcolm Stephens, Allens


For further information including registration details please go to:

With best wishes



Professor Simone Degeling

Co Director Private Law Policy and Research Group

Director of Research, UNSW Law




T: +61 (2) 9385 3943




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