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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


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


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


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


“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


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


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 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


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


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