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.
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