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Results: 1-10 of 694

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


Australia Law Year in Review 2016 and Year to Come 2017
  • Linklaters LLP
  • Australia
  • January 5 2017

From 1 January, a new MAAL (broadly based on the first limb of the United Kingdom's Diverted Profits Tax) applies to 'significant global entities' to


General Counsel Update - November 2016
  • Herbert Smith Freehills LLP
  • Australia, European Union, Hong Kong, United Kingdom
  • November 24 2016

The outcome of the June 2016 Brexit referendum raised many significant questions of concern to business. We began our Brexit analysis 18 months before


A summary of major developments in key areas - general counsel update - July 2014
  • Herbert Smith Freehills LLP
  • Australia, European Union, Hong Kong, United Kingdom
  • July 15 2014

Legislation, in the form of a Regulation and Directive, has been published in the Official Journal of the European Union which will substantially


Supreme Court of Western Australia decision on enforcement of Arbitral Award
  • Squire Patton Boggs
  • Australia
  • December 20 2016

There have been relatively few recent developments in relation to the enforcement of arbitral awards in Australia. However, the Supreme Court of


Arbitration: Temporary stay of related court proceedings
  • The Commercial Bar Association of Victoria
  • Australia
  • September 7 2016

In exceptional circumstances, a court exercising its inherent jurisdiction will temporarily stay its proceedings pending the hearing and determination


Commercial litigation: 10 significant developments in Australia in 2016
  • Herbert Smith Freehills LLP
  • Australia
  • December 14 2016

As 2016 winds down and we look towards the New Year, we have reflected on the key takeaways of ten significant commercial litigation developments


Mediation: can a handshake settle the dispute?
  • The Commercial Bar Association of Victoria
  • Australia
  • May 6 2015

A mediation agreement contained a clause which provided that no settlement of the dispute will take place unless and until a settlement agreement has


Federal Court examines the consequences of failing to take ‘genuine steps’ to resolve disputes
  • Norton Rose Fulbright LLP
  • Australia
  • 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


Playing by the rules dispute resolution clauses to be strictly enforced
  • Norton Rose Fulbright LLP
  • Australia
  • 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