The Queensland Court of Appeal has confirmed that no term of good faith is to be generally or universally implied into all contracts or all commercial contracts, and that this Court should not take that step until the High Court does so. The penalty doctrine does not apply to contractual charges for events whose costs are conceivably diverse and extremely difficult to calculate in advance, particularly where the charge represents the parties' agreed allocation of burdens and benefits. In gas transportation agreements, imbalance charges calculated at a multiple of the transportation tariff are not penalties where imbalances occur without notice and may cause indeterminate losses.
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