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Nothing to get wound up about: Federal Court refers Masters case to arbitration
  • Clifford Chance LLP
  • Australia
  • October 17 2016

In WDR Delaware Corporation v Hydrox Holdings Pty Ltd 2016 FCA 1164, the Federal Court decided to stay the proceedings brought before it and refer

Dispute Resolution Around The World - Australia
  • Baker & McKenzie
  • Australia, Global
  • October 4 2016

The Australian legal system operates within a federal structure of government. In practical terms this means that Australia is governed at both

“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

Pitfalls of settlement agreements - How a warranty kept alive led to a AUS$7 million claim three years later
  • Holman Fenwick Willan LLP
  • Australia
  • June 28 2016

Entering into a settlement agreement is often good news at the end of a challenged project; a settlement should bring finality and certainty to the

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

A structured guide to arbitration agreements in Australia

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

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

Arbitrate or adjudicate - do you still get a choice?
  • McCabes
  • Australia
  • March 12 2015

Contracting parties are increasingly including 'arbitration clauses' in contracts. These clauses allow parties to resolve contractual disputes by way

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

Commercial litigation: 10 significant developments in Australia in 2012
  • Herbert Smith Freehills LLP
  • Australia
  • 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