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“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

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

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

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

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

Contract law - developments in 2011
  • Rajah & Tann Asia LLP
  • Australia, Singapore, United Kingdom
  • March 16 2012

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

General counsel update September 2014
  • Herbert Smith Freehills LLP
  • Hong Kong, Russia, United Kingdom, USA, Australia, China, European Union
  • September 29 2014

The London Court of International Arbitration (LCIA) Court's new rules come into force on 1 October 2014 and are to apply to any arbitration

General counsel update - march 2015
  • Herbert Smith Freehills LLP
  • Australia, China, European Union, Hong Kong, United Kingdom, USA
  • March 5 2015

Protecting your investments: further public consultation to be launched on Investment Protection in the USEU Free Trade Agreement

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

A summary of major developments in key areas - General Counsel update - May 2014
  • Herbert Smith Freehills LLP
  • Australia, European Union, Germany, United Kingdom
  • May 23 2014

Scottish independence referendum - The referendum will take place on 18 September 2014. Scottish independence raises many complex legal and political