Dominique Hogan-Doran SC will lead a session on Construction of Commercial Contracts at the Advanced Business Law Day to be hosted by the College of Law on 22 February 2018.
Dominique will update and expand upon her 2016 paper on Construction of Commercial Contracts by the High Court of Australia.
Contract Construction Redux: the High Court of Australia's Approach:
Accurately construing a written contract is one of the most fundamental responsibilities of a commercial lawyer. It is a specialised process, requiring application of legal skills and knowledge. This session canvasses the perspective of the High Court of Australia, including several recent cases which have considered the controversy as to whether, in construing a contract, the ‘true rule’ in Codelfa requires that a contract be ambiguous (on its face) before a court may consider evidence of surrounding circumstances.