Contract Codification in Australia: Is it Necessary, Desirable and Possible?

Warren Swain 'Contract Codification in Australia: Is It Necessary, Desirable and Possible?' (2014) Sydney Law Review 36 (1)

University of Queensland TC Beirne School of Law Research Paper No. 14-10

20 Pages Posted: 2 Apr 2014

See all articles by Warren Swain

Warren Swain

University of Auckland - Faculty of Law

Date Written: 2014

Abstract

In early 2012, the then Attorney-General published a discussion paper on codifying Australian contract law. This article examines whether such a course of action is necessary, desirable and possible. It concludes that many of the problems that are identified in the discussion paper can be more easily dealt with in other ways. A degree of scepticism is expressed about the desirability of codification. Some drawbacks are identified. The experience of codification in other jurisdictions suggests that codification will be possible. The process of producing a code will nevertheless be extremely difficult. This article concludes that, if the Australian Government is going to go down the route of a contract code, it should proceed with great caution.

Keywords: Codification, Contract Law

Suggested Citation

Swain, Warren, Contract Codification in Australia: Is it Necessary, Desirable and Possible? (2014). Warren Swain 'Contract Codification in Australia: Is It Necessary, Desirable and Possible?' (2014) Sydney Law Review 36 (1), University of Queensland TC Beirne School of Law Research Paper No. 14-10, Available at SSRN: https://ssrn.com/abstract=2407777

Warren Swain (Contact Author)

University of Auckland - Faculty of Law ( email )

Private Bag 92019
Auckland Mail Centre
Auckland, 1142
New Zealand

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