InBrief

The Commercial Law Association presents three lunchtime seminars this�month.�

Monday, 17 October 2011| _How not to misinterpret a contract: A Commercial Law Association lunchtime seminar _12.30 to 2.00pm, Dixson Room, Mitchell Wing, NSW State Library CLA members $69; non-members $99 Register at www.cla.org.au

Speaker:

Professor John Carter, Professor of Commercial Law, University of Sydney; General Editor, Journal of Contract Law; Consultant, Freehills

In this seminar Professor Carter discusses some of the important issues in contract interpretation raised by recent cases.

The issues include:

• When can ‘context’ be relied on to construe a contract?
• What legal principles determine the scope of admissible ‘context’?
• What is the role of the ‘intention of the parties’ in contract interpretation?
• In what circumstances will a court depart from the ‘plain’ meaning of words?
• To what extent is it permissible to refuse to apply a particular interpretation on the basis that it would lead to an ‘unreasonable' result?

Cases to be referred to include:

Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451 Movie Network Channels Pty Ltd v Optus Vision Pty Ltd [2010] NSWCA 111 Jireh International Pty Ltd t/as Gloria Jean's Coffee v Western Exports Services Inc [2011] NSWCA 137 Cadbury Pty Ltd v Mercer Investment Nominees Ltd [2011] NSWSC 622 Byrnes v Kendle [2011] HCA 26 �

Friday, 28 October 2011

Navigating the Australian Consumer Law: A Commercial Law Association halfday seminar 9.00am to 12.30pm, Dixson Room, Mitchell Wing, NSW State Library CLA members $285; non-members $335 Register at www.cla.org.au

Speakers:

Justice Steven Rares, Federal Court of Australia (Chair) Peter Kell, Deputy Chair, ACCC Jacqueline Downes, Partner, Allens Arthur Robinson Jeffrey Goldberger, Special Counsel, Blake Dawson, Canberra Sarah Moritz & Jackie Mortensen, Senior Associates, Minter Ellison

This seminar will offer insight into:

ACCC - new powers - how are they reacting? Consumer Law enforcement Unfair contract terms Consumer guarantees

Friday, 28 October 2011

Obligations of good faith in the performance of commercial agreements: A Commercial Law Association lunchtime seminar

12.45 to 2.00pm, Dixson Room, Mitchell Wing, NSW State Library

CLA members $69; non-members $99

Register at www.cla.org.au

Speaker:

Robert Angyal SC, 6 & 7 St James Hall Chambers

Does Australian law imply into commercial agreements an obligation to act in good faith? What is good faith? How do we know whether it is absent? And what does a contract to negotiate in good faith mean? These issues were explored in two recent NSW Court of Appeal decisions United Group Rail Services v Rail Corporation New South Wales [2009] NSWCA 177, 74 NSWLR 618 and Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service [2010] NSWCA 268, (2010) 15 BPR 28,563.

4 October 2011