Welcome to our fourth issue of
Government Matters, a publication we've created
specifically for Commonwealth departments and agencies. It
addresses current and horizon issues and provides a summary of
recent cases.
This issue's feature article explores the recent High Court
decision in Andrews v Australia and New Zealand Banking Group
Limited, which may be the High Court's first step in
changing the law of penalties, forfeiture and freedom of contract.
Another significant case covered is the recent Supreme Court of
South Australia decision in Alstom Ltd v Yokogawa Australia Pty
Ltd & Anor (No 7), which is the latest in a growing list
of Australian decisions to expand the meaning of consequential
loss. The decision highlights the danger of including a term
excluding "consequential loss" without carefully defining
that loss.
