Abstract:
This paper responds to eight sets of questions posed in a thought-provoking ‘Discussion Paper to Explore the Scope for Reforming Australian Contract Law’ (DP). The DP was released on 22 March 2012 by the Attorney-General’s Department (AGD), as part of its project aimed at ‘Improving Australia’s Law and Justice Framework’, and it is likely to generate considerable controversy among those more comfortable with existing domestic law. This paper mainly: highlights additional problem areas and hence ‘drivers for reform’ (including consumers and some parts of the legal profession); the direct and opportunity costs incurred by complex domestic contract law, and their disproportionate impact on certain groups; the growing disparities with the contract law regimes found in Australia’s major trading partners nowadays (especially now that some are engaging in comprehensive contract law reforms of their own) or at the international level; how best to conceptualize and address challenges involved even in a ‘Restatement’ approach to reforming Australian contract law.
Nottage, Luke R., The Government’s Proposed ‘Review of Australian Contract Law’: A Preliminary Positive Response (July 18, 2012). Sydney Law School Research Paper No. 12/49.
First posted 2012-07-18 21:02:51
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