LAWS3007 Lecture Notes - Lecture 5: Employment Contract, Owen Dixon, Package Tour
Document Summary
Generally worded forum statutes: statutes that do not indicate their scope of application to multi-state cases, two different methods, neither of which is clearly correct, 1) determine the law of the cause by the choice of law rules. Arguably it applies it statute is specifically directed at existing contractual obligations. Subsequent cases have tended to adopt (2) in relation to contracts that seek to evade remedial forum statutes or statutes that apply generally to circumstances: 2) construe the statute to ascertain its implicit application criteria. Apply statute if the criteria are satisfied, without reference to the choice of law rules (but not otherwise): mynott v barnard (1939), golden acres v queensland estates (1969), Barcelo (1932) (evatt j): determine territorial application based on act"s general subject matter and character: mynott v barnard (1939). [questionable: parliament may not have turned mind to pil issues & hence no relevant intention to construe]: barcelo (1932) (evatt j) suggests this is a general rule.
