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V Greek Orthodox Community Of Sa Inc

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Introduction Courts traditionally presumed that commercial parties intent to create legal relations when entering into contracts, family members don 't. Albeit not without criticism, up to this point these twin presumptions seemed permanent. This article examines the pattern to lessening the emphasis on these presumptions by individuals from the judicial arena in determination of Australian cases and recommends that, following the High Court 's decision in Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95 intention to create legal relations presumptions ought to never again be utilised as a part of any setting. It concludes by considering the consequences for this area of law. Ermogenous v Greek Orthodox Community of SA Inc Ermogenous v Greek Orthodox Community of SA Inc. (2002) 209 CLR 95 is an important Australian contract law case on the conditions for valid contracts. The case was based on the element of ‘intention to establish legal relations’ between the parties. In this case, Archbishop Ermogenous filed claims for compensation in annual earnings and other benefits he had accrued after long service leave. His ‘employer’ was the Greek Orthodox Community. The court of first instance granted the claims, which were later denied by the Full Court of the Supreme Court of Southern Australia on the basis that there was no sufficient intention to establish binding relations between the clergy and the organization. The claimant appealed the decision at the
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