The case of Ermogenous v Greek Orthodox Community of South Australia Incorporated (2001) 209 CLR 95 is authority for the principle that: January 1, 2023 by admin Intention to create an enforceable agreement remains an essential precondition to contractual liability in Australia. The category of social or domestic agreements now includes religious institutions. The existence of intention to create an enforceable agreement is a question of fact. Intention to create an enforceable agreement is no longer an essential precondition to contractual liability in Australia. See Answer Intention to create an enforceable agreement remains an essential precondition to contractual liability in Australia.