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Developments in agreements to negotiate in good faith

Herbert Smith Freehills LLP
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Australia
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January 15 2010

In our January 2005 newsletter, we compared the English, New York, Indonesian and French approaches to the obligation to negotiate in good faith

“Without prejudice” privilege can false and misleading representations made during mediation negotiations be admissible in evidence?

Piper Alderman
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Australia
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May 17 2011

In the course of a mediation, “without prejudice” privilege generally attaches to discussions regarding settlement and documents prepared in aid of settlement

Commercial litigation: 10 significant developments in Australia in 2012

Herbert Smith Freehills LLP
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Australia
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December 21 2012

In May 2012 the High Court upheld the original decision in favour of ASIC against the James Hardie directors and officers in relation to a misleading draft

Foreign bidders in schemes: risks for target shareholders

Herbert Smith Freehills LLP
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Australia, Russia
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July 3 2012

The Flinders Mines scheme illustrates the risk for target shareholders when a bidder cannot, or will not, proceed with the scheme

Contract law - developments in 2011

Rajah & Tann LLP
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Australia, Singapore, United Kingdom
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March 16 2012

2011 saw many legal developments in the area of contract law both internationally as well as in Singapore

Playing by the rules dispute resolution clauses to be strictly enforced

Norton Rose LLP
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Australia
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September 21 2009

The age old proclamation "we’ll see you in court" has been limited by the recent Victorian Supreme Court decision of 1144 Nepean Highway Pty Ltd v Leigh Mardon Australasia Pty Ltd 2009 VSC 226

Supreme Court of New South Wales considers the procedural discretion of independent experts in McGrath v McGrath

Gilbert + Tobin
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Australia
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July 24 2012

This case emphasises that independent experts are not subject to the same procedural fairness standards that govern court proceedings and arbitration, and that a claim of bias requires actual (and not just apprehended) bias

Is your dispute "capable of settlement by arbitration"?

Clayton Utz
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Australia
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October 11 2012

A "matter" can comprise claims for statutory damages for alleged breaches of various provisions of Australian legislation

Federal Court examines the consequences of failing to take ‘genuine steps’ to resolve disputes

Norton Rose LLP
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Australia
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October 5 2012

The judgment of Justice Reeves handed down on 6 September 2012 in the Federal Court decision of Superior IP International Pty Ltd v Ahearn Fox Patent and Trade Mark Attorneys (No 2) 2012 FCA 977 is the first judicial consideration of the costs consequences of failing to file a ‘genuine steps statement’ as required by the Civil Dispute Resolution Act 2011 (Cth) (CDR Act

Search results

Developments in agreements to negotiate in good faith

“Without prejudice” privilege can false and misleading representations made during mediation negotiations be admissible in evidence?

Commercial litigation: 10 significant developments in Australia in 2012

Foreign bidders in schemes: risks for target shareholders

Contract law - developments in 2011

Playing by the rules dispute resolution clauses to be strictly enforced

Supreme Court of New South Wales considers the procedural discretion of independent experts in McGrath v McGrath

Is your dispute "capable of settlement by arbitration"?

Federal Court examines the consequences of failing to take ‘genuine steps’ to resolve disputes

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