Event Register

30th anniversary Journal of Contract Law conference

One Day Conference  27 July, 2018

The Hon Justice Gleeson, Associate Professor Goh Yihan, Assistant Professor Eliza Mik, Dr Simon Blount, Professor Elisabeth Peden, Professor Howard Hunter, Dr Greg Tolhurst, Associate Professor Katy Barnett, Dr Wayne Courtney, Emeritus Professor John Carter, The Hon Justice Julie Ward

The Gallery Room, Mitchell Wing, NSW State Library

10:00AM to 05:00PM

How will contract law meet the challenges of the 21st century


10.00am Registration

Norman Donato, President, Commercial Law Association

Opening Address
The Hon Justice Gleeson, Supreme Court of NSW

11.00am Session 1

Contract Law in Commonwealth Countries: Uniformity or Divergence?
Associate Professor Goh Yihan, Singapore Management University

11.45am Morning tea

12.00pm Session 2

Laina Chan, 3 Wentworth Chambers (Chair)

Smart Contracts
Assistant Professor Eliza Mik, Singapore Management University

The Limits of e-Conveyancing
Commonwealth and state legislation validates electronic writing and signatures so that there is legal equivalence between paper and electronic conveyances of interests in land. This session considers the limits of the legislation faced with informal electronic contracts for the sale of an interest in land and the insecure management of digital signature technology.

Dr Simon Blount, State Chambers

1.00pm Lunch

2.00pm Session 3

The Hon Kevin Lindgren (Chair)

Penalties post-Paciocco
Professor Elisabeth Peden, 12 Wentworth Chambers

The CISG: a new common law?
Professor Howard Hunter, Singapore Management University

3.15pm Afternoon tea

3.30pm Session 4

Jenny Wily, Wily Legal and Consulting (Chair)

Mitigation and Remoteness
Associate Professor Katy Barnett, University of Melbourne

Causation and Mitigation
Associate Professor Wayne Courtney, Singapore Management University

Ready and willing to perform
Emeritus Professor John Carter, Herbert Smith Freehills; General editor, Journal of Contract Law

Closing address
The Hon Justice Julie Ward

5.00pm Close


Norman Donato, President, Commercial Law Association
Norman is a partner at Bartier Perry. He has practised since his admission in 1987 in corporate finance and corporate commercial law. His qualifications include Bachelor degrees in Law and Economics, as well as a Master of Laws. Norman has extensive corporate and finance experience obtained from advising national and international clients including government bodies, major banks, public companies, SMEs and entrepreneurs. He is associated with a number of industry bodies. Norman was appointed to the board in 2008 and is currently the President of the CLA.
The Hon Justice Gleeson, Supreme Court of NSW
Justice Gleeson was sworn in as a judge of the Supreme Court of NSW and the Court of Appeal on 29 April 2013. He began his career as a solicitor at Freehills Hollingdale & Page (now known as Herbert Smith Freehills) in 1980 and was made a partner at the law firm five years later. He became a barrister in 1991 and was appointed a Senior Counsel in 2005. His main areas of practice were corporations and insolvency, equity and commercial, insurance and reinsurance and professional liability.
Justice Andrew Phang, Supreme Court of Singapore
Justice Phang was appointed Senior Counsel in 2004. He was appointed Judicial Commissioner in January 2005, appointed Judge in December 2005, appointed Judge of Appeal in February 2006 and Vice-President of the Court of Appeal in September 2017. His extensive publications include the local edition of Cheshire, Fifoot and Furmston’s Law of Contract and (with Professor Goh Yihan) Contract Law in Singapore (Wolters Kluwer Law and Business, 2012). He is also General Editor of The Law of Contract in Singapore (Academy Publishing, 2012).
Associate Professor Goh Yihan, Singapore Management University
Associate Professor Goh Yihan is the Dean of the School of Law, Singapore Management University. His research focuses primarily on the law of contract and torts, with a secondary interest in the principles of statutory interpretation and the legal process. He is also a board member of the Singapore Institute of Legal Education and the Singapore Judicial College. He has been appointed amicus curiae before the Singapore Court of Appeal and the Singapore High Court. He is periodically consulted by law firms in his areas of expertise and has appeared as instructed counsel and an expert witness.
Laina Chan, 3 Wentworth Chambers
Laina Chan has been at the bar since 2004 where her main areas of specialty are building and construction, property as well as insurance law. Ms Chan spends her time on a wide spectrum of commercial disputes, professional indemnity matters defending construction professional and real estate industry professionals and insurance coverage issues. She is a contributor to Bailey and Bell’s Construction Law in Australia and has published in a wide range of peer-reviewed law reviews. She is co-author with Professor John Carter on the soon to be published Contract and the Australian Consumer Law (Federation Press).
Assistant Professor Eliza Mik, Singapore Management University
Eliza Mik has worked in-house in a number of software companies, Internet start-ups and telecommunication providers in Poland, Malaysia and Australia,. Throughout her professional career Eliza maintained a keen interest in all developments (both legal and technical) pertaining to the internet and its use as an enabler of commerce. Those interests resulted in the 2007 thesis ‘Contract Formation in Open Electronic Networks’. After joining SMU in 2010, Eliza continued her research into the regulation of e-commerce and the contractual aspects of internet-based transactions.
Dr Simon Blount, State Chambers
Dr Simon Blount is a barrister in State Chambers. He is an Adjunct Associate Professor at the University of Notre Dame Australia in the Law School, Sydney. Dr Blount is the author of Electronic Contracts (2nd edition, LexisNexis Butterworths, Australia).
The Hon Kevin Lindgren
The Hon Kevin Lindgren AM, QC was a Judge of the Federal Court of Australia from 1994 to 2010. Prior to his appointment to the Bench, Dr Lindgren was successively a solicitor, academic, barrister and Queen’s Counsel at the Sydney Bar. His practice at the Bar was chiefly in the areas of equity and commercial law.  He is the author of books and articles in the area of contract law.
Professor Elisabeth Peden, 12 Wentworth Chambers
Professor Peden is the author of Good Faith in Contracts which is the first book published in Australia on this area of contract law and a co-author of Contract Law in Australia (LexisNexis). Professor Peden is an editor of the Commercial Law Quarterly. She practises as a barrister from 12th floor Wentworth Chambers.
Professor Howard Hunter, Singapore Management University
Professor Hunter has more than 47 years of experience as a lawyer, consultant, teacher and researcher in the law of contracts and sales. He is the author of Modern Law of Contracts, the most recent edition of which was published in March 2018, and of The Law of Sales in Singapore (2017). Professor Hunter has been a visiting professor at universities in Europe, North America, Australia (twice at Sydney University), and Asia. He has served as an arbitrator on matters of international commercial law, and he has been a consultant on a variety of legal and educational matters in the United States, Hungary, Australia, Hong Kong, and Saudi Arabia.
Dr Greg Tolhurst, NSW Bar Association
Greg Tolhurst was recently appointed as Executive Director of the NSW Bar Association. Before that he was a Professor of Commercial Law at the University of Sydney. His roles there included Associate Dean (Indigenous), Acting Dean, Pro-Dean, Associate Dean (Research) and Chair of the Teaching and Curriculum Committee. He was previously a solicitor at the Commonwealth Bank. He is also an editor of the Commercial Law Quarterly and the Journal of Contract Law. Greg’s publications include The Assignment of Contractual Rights (2006 Hart).
Jenny Wily, Wily Legal and Consulting
Jenny practises on her own account at Wily Legal and Consulting Pty Limited, having formerly been a Partner with Deacons for a number of years. In her current practice, Jenny provides legal and consulting services primarily in the areas of funds management, AFS licensing, compliance and corporate structuring and governance. Jenny was a Director of the Commercial Law Association and is also on the board of a number of public companies that provide financial services.
Associate Professor Katy Barnett, University of Melbourne
Katy Barnett joined the Melbourne Law School in 2006 and was appointed on a permanent basis in 2010. She has published widely on Remedies Law and other related aspects of private law. Katy has also written Remedies in Australian Private Law (CUP, 2014) with Dr Sirko Harder, with a second edition to be published in mid 2018. In 2013, she has been a visiting scholar at Brasenose College, Oxford as part of the Melbourne-Oxford Faculty Exchange. She is a foundation editor of the Melbourne Law School blog Opinions on High with Professor Jeremy Gans.
Dr Wayne Courtney, National University of Singapore
Dr Wayne Courtney is an Associate Professor at NUS, a Senior Fellow at the University of Melbourne and was previously an Associate Professor and Associate Dean at Sydney Law School. He researches in contract law and has broader interests in commercial law and private law. He is the author of two books (Contractual Indemnities and The Modern Contract of Guarantee (English edition)) and numerous articles. His work has been cited by the High Court of Australia, the Supreme Court of the UK the Supreme Court of NZ and by other courts around the Commonwealth. He is on the editorial board of the Journal of Contract Law and section co-editor for the Journal of Banking and Finance Law and Practice.

Emeritus Professor John Carter, Herbert Smith Freehills
John Carter is regarded as one of Australia’s pre-eminent contracts lawyers. He is a consultant to the international law firm Herbert Smith Freehills and General Editor of the Journal of Contract Law. John previously held a personal chair in Commercial Law at the University of Sydney. He has authored many leading works on contract law, including Carter on Contract (LexisNexis Butterworths) and The Construction of Commercial Contracts (Hart Publishing, Oxford).
The Hon Justice Julie Ward, Supreme Court of NSW
Justice Ward was appointed to the Supreme Court of New South Wales in September 2008. She was the first female solicitor directly appointed to the Supreme Court bench. She sat in the Equity Division of the Court, until her appointment to the Court of Appeal in November 2012. She was appointed Chief Judge in Equity in March 2017.

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