This paper's purpose is to stimulate discussion among business, consumers, legal practitioners, academics and other stakeholders about the successes and shortcomings of Australian contract law, including in the digital economy.
The paper considers whether Australian contact law could be reformed to:
- enhance accessibility, certainty and simplicity
- set standards of conduct
- better support innovation and participation in the digital economy
- better meet of the evolving needs of businesses particularly small and medium businesses
- make the law more elastic to promote long-term relationships, and
- harmonise and internationalise contract law.
A summary of the discussion paper briefly addresses these issues.
The Department is seeking views about the problems that businesses and individuals experience when contracting, and whether reforms could address these issues. Comments may address any of the questions which appear throughout the paper, or any other matters relevant to contract law. The Department also welcomes further information or discussion points that will contribute to the reform debate.
There will be a three-month consultation period. Submissions must be received by the Department no later than COB Friday 20 July 2012.
Submissions can be made by writing to:
Business Law Branch
Robert Garran Offices
3-5 National Circuit
BARTON ACT 2600
E-mail: ContractLaw@ag.gov.au (preferred)
Fax: (02) 6141 3488
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