The New Law of Penalties: Mapping the Terrain

Presented by Mr John Eldridge

The rules governing relief against contractual penalties are in a state of flux. A string of significant decisions in both Australia and the United Kingdom has significantly reshaped the rule's scope and content. This paper explored the relevant developments with a view to identifying and considering a number of important open questions. Particular attention was paid to the interaction between equitable and legal relief in this sphere, as well as the question of whether lower courts are taking the 'interests test' seriously.

John Eldridge joined the University of Sydney Law School in 2016. He was previously a sessional lecturer at the University of New South Wales, and a tipstaff in the New South Wales Supreme Court. His research centres on the law of obligations, with a particular focus on the law of contract. His current projects include a monograph on contract codification, as well as an edited collection on the legacy of Sir Owen Dixon. He is a graduate of the University of Adelaide and the University of Cambridge.