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Results: 1-10 of 522

“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


Should I stay or should I go to arbitration? Extending the reach of the moratorium on creditor’s claims against companies in administration
  • McCabes
  • Australia
  • March 30 2016

Section 440D imposes a stay on "proceedings in a court" against a company whilst it is in administration under Part 5.3A of the Corporations Act. It


Avoiding the void: Arbitration Clauses in Australian standard form consumer contracts
  • DLA Piper LLP
  • Australia
  • April 4 2016

Consumer contracts in the 21st century frequently contain arbitration clauses. Online sellers, transport service providers, telephone companies


Commercial litigation: 10 significant developments in Australia in 2014
  • Herbert Smith Freehills LLP
  • Australia
  • December 19 2014

As we approach the end of 2014, it is timely to reflect on events during the year. While there were many important developments, here are our


Developments in agreements to negotiate in good faith
  • Herbert Smith Freehills LLP
  • Australia
  • 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


Making sense of a pathological clause
  • Baker & McKenzie
  • Australia
  • December 15 2015

Have you heard of the arbitration guidelines of the Law Institute of Victoria? Neither had Justice Croft when, in Robotunits Pty Ltd v Mennel, he


Arbitration agreements in Australia
  • Baker & McKenzie
  • Australia, Global
  • April 5 2016

A structured guide to arbitration agreements in Australia


Corporations Act ‘matters’ and the scope of a ‘pathological’ arbitration agreement: Robotunits Pty Ltd v Mennel 2015 VSC 268
  • Herbert Smith Freehills LLP
  • Australia
  • June 24 2015

Justice Croft of the Victorian Supreme Court handed down judgment on 22 June 2015 in an application for a stay of proceedings and referral to


Enforceability of ‘good faith’ clause in MOU for gas sales agreement
  • Johnson Winter & Slattery
  • Australia
  • February 28 2015

This case highlights the risks of relying on clauses which provide that parties will negotiate in good faith or use reasonable endeavours to


Plenary Research Pty Ltd v Biosciences Research Centre Pty Ltd 2013 VSCA 217
  • King & Wood Mallesons
  • Australia
  • March 24 2014

In this case, the Victorian Court of Appeal considered an ambiguous commercial contractual dispute referral regime which contemplated both expert