Abstract

The beginnings of curial relief from contractual penalties have drawn the attention of counsel and judges in modern litigation on the penalty doctrine. Roots have been traced to the activities of the old Court of Chancery and to the more obscure activities of the common law courts at Westminster - chiefly the King’s Bench. The earliness of common law intervention has influenced how appellate courts in Australia and England have stated the penalty doctrine for current times. This talk will consider when common law relief from penalties began, and the bearing those origins have on the pleading and decision of cases today.

Speaker

Dr Peter Turner

Commentator

Professor Warren Swain, University of Auckland

Chair

The Hon Justice David Jackson

Registration

Registration is essential as numbers are restricted. 

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About Current Legal Issues Seminar Series

Launched in 2009, Current Legal Issues is a high profile series of seminars featuring leading national and international legal scholars, practitioners and members of the judiciary.

The series is a collaboration between UQ Law, the Bar Association of Queensland, the Queensland University of Technology Faculty of Law and the Supreme Court of Queensland Library. It seeks to bring together leading scholars, practitioners and members of the Judiciary in Queensland and from abroad, with a view to:

  • providing a forum for the critical analysis and discussion of current legal issues
  • bringing to bear upon those issues the different perspectives offered by leading academics, legal professionals and the Judiciary
  • forging stronger links between academic and practising lawyers in Queensland.

Each seminar will comprise a Chair, Speaker, and Commentator. The Chair will introduce the Speaker and Commentator. A paper will then be presented by a leading practitioner or academic lawyer, and will be subject to a brief, expert commentary. There will then be an opportunity for members of the floor to ask questions and engage in further discussion. The paper and a short profile of each participant will be available in advance on this website to assist in facilitating full discussion.

Venue

Supreme Court of Queensland Queen Elizabeth II Courts of Law Complex 415 George Street, Brisbane
Room: 
Banco Court