Goldberger on Contract
Halfday seminar 21 February, 2020
Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright; Justice Steven Rares, Federal Court of Australia (Chair)
Dixson Room, Mitchell Wing, NSW State Library
08:30AM to 12:30PM
PART 1: 2019 IN REVIEW
• Contemporary issues in contract formation
• Managing the non-performing contractor and preserving accrued rights
• Rectification by construction
• Assignment and novation
• Security bonds and injunctions
PART 2: THE CONCEPT OF MISTAKE IN AUSTRALIAN CONTRACTUAL JURISPRUDENCE
• Mistake in contract formation
• The equitable remedy of rectification
• Payments made under a mistake of fact or law
• Estoppel by convention and mistaken assumptions
PART 3: CONSTRAINTS ON THE EXERCISE OF CONTRACTUAL POWERS AND DISCRETIONS