Description

Throughout the common law world, the penalty rule is in a state of flux. This paper gives an account of recent developments in respect of the penalty rule, before going on to explore two unanswered questions. The first is whether Australian law recognises two jurisdictions to relieve against penalties – one in equity and another at common law – or instead a unitary penalty doctrine. The Australian position will be critically assessed against the approach taken elsewhere. The second question is that of how the recent developments are playing out ‘on the ground’, and whether the shift towards the ‘interests test’ ought to be welcomed.

About The Speaker

John Eldridge is a lecturer at Sydney University Law School. His research is concerned with the law of obligations, though he has a particular interest in the law of contract. His current projects include a monograph on the codification of the Australian law of contract, as well as an edited collection on the legacy of Sir Owen Dixon. His research has been published in leading journals in Australia and overseas. He is a graduate of the University of Adelaide and the University of Cambridge.

Who Should Attend

Practitioners working in banking and finance, construction law, and persons with an interest in the law respecting penalty clauses