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Sealing the settlement: don't forget to invite the third parties

Australia - December 20 2012 When settling a dispute, it is important to consider whether the release from liability should extend to third parties associated with the release, and there are several options open to do so....

Potato case highlights one of the problems with the unfair contract term provisions

Australia - August 22 2019 Unfortunately, since the context of a contract is important to whether a term is unfair, judgments on whether a particular term is unfair are of...

Can a large business also be a small business protected by the unfair contract term laws in the Australian Consumer Law?

Australia - April 26 2018 The interpretation of the head count test could turn large businesses into protected small businesses. Provisions in the Australian Consumer Law and...

Are non-disparagement clauses void under the Australian Consumer Law?

Australia - July 19 2018 Non-disparagement clauses in standard form contracts may attract the ACCC's attention, although there is some question over the statutory basis for...

Grave consequences of participating in another’s breach of fiduciary duty

Australia - October 25 2018 A person may be required to account for profits which were not necessarily the direct result of their involvement in a dishonest and fraudulent...