Where a plaintiff seeks a declaration that a contract remains on foot, the onus of proving valid termination lies on the party asserting termination, by virtue of the presumption of continuance of a contract once made, even where the plaintiff has unnecessarily pleaded absence of justification for termination. Mandatory statutory accounting and auditing obligations imposed on Local Aboriginal Land Councils under s 32 of the Aboriginal Land Rights Act 1983 (NSW) cannot be waived by management committee resolution, contract, or estoppel, because they represent social policy in the interests of the public generally and Aboriginal people. Cumulative and repeated breaches of financial management and reporting obligations in a joint venture agreement, extending over the entire life of the venture, can amount to repudiation even where individual breaches might not.
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