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Contract Publications

Loss Counterfactuals

22-1-26 / Benjamin Teng — Contract, Commercial Equity

Benjamin Teng authored this article, published in the Oxford Journal of Legal Studies. The article examines how private law uses counterfactuals to determine whether a claimant has suffered loss and argues, as a general rule, that loss should be assessed by asking what would have happened without the wrong. This…

Loss’s Edge: One Step (Support) v Morris-Garner

15-8-25 / Benjamin Teng — Contract

Benjamin Teng authored this book chapter published in Private Law and the UK Supreme Court (edited by Jenny Russell and Lewis Graham). It concerns the United Kingdom Supreme Court decision in One Step v Morris-Garner Support Ltd, which examines why and when negotiating damages should be awarded, and is, at…

“One Day This Will Be Yours”: Estoppel By Encouragement And Acquiescence

10-1-24 / Roger Traves KC — Contract, Succession

Promises, representations or conduct which leave a party with an expectation that they will receive property in the future not infrequently lead to dispute and litigation. A reasonable approach to cases such as these is to assess whether the conduct amounts to a contractual promise (for example, a contract to…

The Use and Limits of Statutory Purpose in the Interpretation of Legislation

27-11-23 / Roger Traves KC — Appellate, Banking, Building & Construction, Commercial Equity, Contract, Corporations, Inquiries & Coronial Inquests, Insurance, Judicial Review & Administrative, Land Law & Property, Native Title & Cultural Heritage, Planning & Environment, Professional Discipline & Regulatory, Professional Negligence, Resources & Energy, Sport, Succession, Tax

In his article The Use and Limits of Statutory Purpose in the Interpretation of Legislation, Roger Traves KC considers a framework of approach to statutory construction and the use and limits of statutory purpose. Who should read? Advisory and litigation lawyers across all practice areas. What does the…

Disclosure & Discovery in Australian Courts

2-12-22 / Sarah Spottiswood, Oliver Cook — Banking, Building & Construction, Class Actions, Commercial Equity, Contract, Corporate Insolvency & Bankruptcy, Corporations, Land Law & Property

Queensland Young Lawyers (QYL) and the barristers at Level Twenty Seven Chambers curated a series of four CPDs spanning 2022 to provide young lawyers with knowledge essential to their role. The final installment ‘Disclosure’ was facilitated by Sarah Spottiswood and Oliver Cook. Sarah and Oliver are barristers practising from Level Twenty Seven Chambers (Brisbane,…