Tuesday, 17 March 2026
Chair
Carlo Wan, Partner, Lane Neave
Termination, Breaches and Remedies
- Termination:
- Following the prescription under ss36 & 37 Contract and Commercial Law Act 2017 (CCL)
- Other provisions of the CCL you must be aware of, viz – Part 2 Sub3 ss 33, 34, 35, 38 – 49
- Statutes that give a court power to cancel a contract as part of relief, e.g. s43(3) of the Fair Trading Act 1986
- Following the prescription in the contract itself
- Statutes that contain their own prescription for termination of a specific kind of contract, e.g. Property Law Act 2007 for leases
- Breaches:
- Some breaches will do no more than give rise to a claim for damages or rectification
- Often a contract will specify which breaches give rise to termination. That must be followed
- Remedies:
- Damages that flow from the contract. These may vary depending on the kind of contract and the nature of the breach (disgorgement of profit – conversion damages)
- Interim injunctive relief is always available as a remedy whether or not the contract specifies arbitration
- Sometimes terminating the contract and stopping at that point is the best outcome
Presented by Paul Dalkie, Barrister, Paul Dalkie Barrister
Description
Attend and earn 1 CPD hour
Learning Objectives:
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Understand the legal and contractual requirements for terminating a contract, including relevant provisions of the Contract and Commercial Law Act 2017 and other statutory termination regimes
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Identify the consequences of different contractual breaches and evaluate available remedies, including damages, rectification, injunctive relief and termination
Presenters
Paul Dalkie, Barrister, Paul Dalkie BarristerPaul Dalkie has extensive experience as a barrister in New Zealand and Australia over several decades. He appears in and has appeared in a wide range of civil and commercial cases and arbitrations. Prior to becoming a barrister, he practiced as a solicitor in Queensland in two global firms, Blake Dawson Waldron (now Ashurst) and Sly & Weigall (now Norton Rose Fullbright). He has appeared and argued cases and conducted trials and appeals at all Court’s levels, including the Privy Council. His practice has particular emphasis on contract disputes of all kinds, and corporate law, especially insolvency and shareholders and director’s disputes. He is admitted to practice in New Zealand, Queensland and Victoria, and in the Federal Courts of Australia. He has been an adjunct Professor at the Beijing Jiaotong University, Beijing, China since 2019 in International Arbitration, Corporations Law and Contract Law.
Carlo Wan, Partner, Lane Neave
Carlo specialises in all aspects of financial services, financial markets and regulatory matters. He also provides advice on all aspects of corporate law ranging from mergers and acquisitions, corporate structuring, commercial contracts and investment funds. Carlo’s clients include internationally listed and unlisted corporates, Chinese state-owned entities, financial institutions, security brokerages and international consumer brands.
