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1、IMPROVING AUSTRALIAS LAW AND JUSTICE FRAMEWORKA discussion paper to explore the scope for reforming Australian contract law 2012 Commonwealth of Australia 2012All material presented in this publication is provided under a Creative CommonsAttribution 3.0 Australia (http:/creativecommons.org/licenses/
2、by/3.0/au/deed.en) licence.For the avoidance of doubt, this means this licence only applies to material as set out inthis document.The details of the relevant licence conditions are available on the Creative Commonswebsite (accessible using the links provided) as is the full legal code for the CC BY
3、 3.0 AUlicence (http:/creativecommons.org/licenses/by/3.0/legalcode).Use of the Coat of ArmsThe terms under which the Coat of Arms can be used are detailed on the Its an Honour(http:/www.itsanhonour.gov.au/coat-arms/index.cfm) website.Contact usInquiries regarding the licence and any use of this doc
4、ument are welcome at:Business Law BranchAttorney-Generals Department3-5 National CctBARTON ACT 2600Telephone: (02) 6141 6666copyrightag.gov.auISBN 978-1-921725-97-5FOREWORD BY THE AUSTRALIAN ATTORNEY-GENERALThe Australian Government is committed to improving Australias economic performance through i
5、nnovative and constructive measures across all sectors of the economy. Our end goal is to develop a seamless national economy that is productive and just and provides optimal trade opportunities within Australia and with the rest of the world.As Australian Attorney-General, I want to ensure that our
6、 core legal framework provides the most efficient and effective environment for industry. It must also offer adequate incentives and protections for small business, consumers and employees. As a Government, we continue to progress a range of significant commercial reforms.Contracts are a fundamental
7、 part of our daily lives. Businesses and consumers would be hamstrung without a law of contract to underpin even basic transactions like buying food items, accessing finance and connecting to the Internet. In recent decades our contract law has undergone vital changes through legislative reform and
8、judicial adjustment. However, uneven development of the law can cause confusion and uncertainty.Australian contract law owes its origins to English common law, which remains an important source of law for many international commercial transactions. Over time our systems have diverged and alternative
9、 legal systemsincluding those of our major trading partnersare assuming greater importance around the world. As nations look for ways to emerge from the global financial crisis, it is timely for Australia to focus on further reducing business costs and improving our international standing.The purpos
10、e of this paper is to start that discussion in the area of contract law. As with many debates, there is likely to be both champions for reform and defenders of the status quo. The European Commission has identified potential gains of 26 billion from harmonising contract law across the 27 member stat
11、es of the European Union. This must raise questions as to whether Australian contract law is also in need of renovation.I welcome your comments in response to this discussion paper and encourage you to provide further information or discussion points for consideration by the Government.The Hon. Nico
12、la Roxon MPThe Australian Attorney-Generals Department invites you tocontribute to Australian law and justice reforms by makinga submission on this discussion paperThis discussion paper on reforming contract law is aimed at all people and organisations who are interested in improving the efficiency
13、and effectiveness of commercial and consumer transactions. Its purpose is to stimulate discussion among business, consumers, legal practitioners, academics and other stakeholders about the successes and shortcomings of Australian contract law.The paper is structured to provide readers with a short d
14、escription of Australian contract law, to outline key issues in contract law and to raise discussion points to be addressed by submissions. Comments may address any one or more of the questions which appear throughout the paper or any other matters relevant to contract law. Submissions are requested
15、 no later than Friday 20 July 2012 and may be made in writing to:Assistant SecretaryBusiness Law BranchAttorney-Generals DepartmentRobert Garran Offices3-5 National CircuitBARTON ACT 2600E-mail: contractlawag.gov.auFax: 02 6141 3488All submissions will be treated as public and may be published on th
16、e Attorney-Generals Department website unless the author clearly indicates to the contrary. A request made under the Freedom of Information Act 1982 (Cth) for access to a submission marked confidential will be determined in accordance with that Act.The Government will take into account the issues rais
