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CLQ Vol34 No2 June-August 2020

Rescuing ‘reasonable notice’ in indefinite employment contracts
By Joellen Riley Munton
 
A number of recent cases have doubted the continued necessity of the implied term of reasonable notice in indefinite employment contracts, given the enactment of a national standard for minimum notice of termination of employment in the Fair Work Act 2009 (Cth) s117. This article explains the challenge to reasonable notice, and proposes an alternative doctrinal basis for preserving an entitlement to reasonable notice in those admittedly rare cases in which an employee has been engaged for an apparently indefinite term with an implicit promise of long term job security. It is arranged in four Parts. Part I outlines the overall argument. Part II explains the circumstances in which an entitlement to reasonable notice is claimed, and the cases which have recently rejected it. Part III summarises key arguments for retaining reasonable notice as an implied term, and Part IV proposes an alternative doctrinal basis to preserve an entitlement to reasonable notice in indefinite employment contracts.
 
 
Dollars and sense: giving contracts a ‘commercial’ construction
By Christopher Chiam
 
This paper considers the concept of giving commercial contracts a commercial construction. Although this approach has been widely accepted in Australian law, there is a lack of guidance as to what this actually means. Although the common refrain is that commerciality must be assessed with reference to the specific background facts of the contract at hand, I argue that courts also consider norms or values that they assume are consistent with a commercial result. I then identify and explore four of these attributes: the first two with reference to Derrington J’s judgment in Pipe Networks Pty Ltd v 148 Brunswick Street Pty Ltd (2019) 371 ALR 627, with the third being the rejection of a pedantic approach to construction and the fourth being the promotion of certainty. I also consider whether commercial parties are presumed to be aware of previous judicial decisions, and hence favour constructions that are consistent with authority.
 
The curious case of the insistent performer: a comparative study with special focus on UAE law
By Hassan Mohamed
 
Discussions in this paper are organised as follows. Parts 1 to 3 explore the treatment of the problem of the insistent performer under US law, Anglo-Australian law, and the United Nations Convention on Contracts for the International Sale of Goods (‘CISG’). Part 4 provides a critical evaluation of the dominant approaches to the focal problem, namely, the mitigation principle and the ‘White & Carter principle’. Part 5 undertakes to formulate an adaptable solution to the framework of United Arab Emirates (‘UAE’) law.
 
Contract law in the cases: 2019 in review
By Jeffrey Goldberger
 
The paper is organised as follows:
Section One: The formation of a binding contracts
Section Two: Managing the non-performing contractor and preserving accrued contractual rights
Section Three: Rectification by construction
Section Four: Security bonds and injunctions
  • Rescuing 'reasonable notice' in indefinite employment contracts
    By Joellen Riley Munton
    page 3
  • Dollars and sense: giving contracts a 'commercial' construction
    By Christopher Chiam
    page 12
  • The curious case of the insistent performer: a comparative study with special focus on UAE law
    By Hassan Mohamed
    page 24
  • Contract law in the cases: 2019 in review. Part 1 of 3
    By Jeffrey Goldberger
    page 43
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    Main File Type pdf
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