Ashurst Senior Paper Presentation

First Prize: 1 Week Work Experience at Ashurst

Runner Up: Invitation to Ashurst Competition Winners Lunch

The UQLS Senior Paper Presentation, sponsored by Ashurst in 2017, allows older law students (fourth year and above) to showcase their advanced essay writing skills. Participants are invited to prepare an essay on the following topic:

“The High Court of Australia has generally recognised that “a person not a party to a contract may not himself sue upon it so as directly to enforce its obligations”. This has often been seen as commercially unsatisfactory, with Mason CJ and Wilson J casting doubt upon the common law privity doctrine in Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107.

One prominent exception to privity doctrine is the doctrine of undisclosed principal in agency law. This doctrine, most famously enunciated by Lord Diplock in Freeman & Lockyer (a firm) v Buckhurst Park Properties (Mangal) Ltd [1964] 2 QB 480 was criticised by Justice Edelman in Jasmin Solar Pty Ltd v Trina Solar Australia Pty Ltd [2015] FCA 1453. In that case, his Honour opined that the well accepted doctrine of undisclosed principal raises “difficult conceptual problems”.

To what extent should Australian Courts continue to accept the doctrine of undisclosed principal as an exception to privity of contract?”

Word limit: 2000 words (excluding footnotes)

The top submissions will be shortlisted, and participants will be invited to present their paper to a panel of three judges from Ashurst. Participants will have 5-10 minutes to present, as well as 10 minutes of questions from the panel.

Calls for submissions will open on 11 July.

Key Dates

11 August: Deadline for Submissions

31 August: Grand Final