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Contract Publications

On Mitigation (2020) 7 Proctor 10

23-9-20 / Chris Stackpoole — Contract

Chris Stackpoole authored the article 'On Mitigation' published in the Queensland Law Society Proctor journal (2020). In this article, Chris discusses the concept of mitigation and the conventional interpretation of its rules. The piece explores the principals of mitigation across various legal contexts discusses its implications for both claimants and defendants.

Damages in unusual circumstances: special loss arising from a defamation, damages for disappointment and distress and the (un)availability of loss of dependency damages for statutory claims

12-8-20 / Rob Anderson KC, Mark Eade — Contract

In this Level Twenty Seven Chambers webinar Rob Anderson QC and Mark Eade reflected on the state of play for damages claims. They looked at: What the future holds for damages claims in light of Nationwide News Pty Ltd v Rush, Rayney v Western Australia, Wilson v Bauer Media and…

So, you’re telling me there’s a chance: the preparation and presentation of claims for loss of opportunity damages

27-5-20 / Matthew Jones KC — Corporations, Contract

Loss of opportunity cases can present significant challenges, as a party seeks to establish the likelihood of one or more hypothetical scenarios, and the value of an opportunity lost. This presentation detailed a proper approach to a loss of opportunity case, including what must be pleaded and proved to establish…

Contracts & Coronavirus: Pathology & Prognosis of Frustration and Force Majeure Claims on Sporting and Cultural Events

30-4-20 / Rob Anderson KC, Christopher Doyle — Contract

Whilst it is far too soon to fully appreciate the impact COVID-19 is likely to have, we can already see the legal issues developing as a result: many thousands have been stood down or are now unemployed; contracts for forward work on hold; travel halted: and sporting and cultural events…

Impact of COVID-19 on Commercial and Construction Contracts: A Consideration of Force Majeure and Frustration

23-4-20 / Angus O'Brien — Building & Construction, Contract

The Covid-19 virus has had a profound impact on social and economic life. Measures adopted by the Commonwealth and State governments to halt the virus’s spread have suspended many aspects of civil society. Large sectors of the economy have been deliberately shut down. Those businesses still operating are experiencing significant…