September 2, 2013
This paper examines a series of recent decisions from a number of Australian jurisdictions where the courts were asked to consider good faith in commercial contracts.
It presents a brief summation of the relevant facts and issues of each case together with the findings in respect of good faith that were made. As will be evident, the outcomes delivered demonstrate that choice of law, forum and drafting techniques all play a part when relief is sought on the basis of a breach of good faith. The absence of any definitive High Court decisions means that the uncertainty about the utilisation of good faith standards in commercial relationships, including franchising relationships, will remain.
The International Journal of Franchising Law published this paper by Alicia Hill, Principal, McInnes Wilson Lawyers.
View the paper here: Good faith - Enforcement in Australia