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Limits on strict compliance with dispute resolution clauses: the rejection of form over substance

Australia - August 29 2014 In the recent decision of Jamac Construction Group Pty Ltd v De Mol Investments Pty Ltd [2014] WASC 273, his Honour Justice Kenneth Martin of the…

Christopher Hicks, Elizabeth Macknay.

Retrospective effect of the new Australian commercial arbitration acts: implications from the Aquagenics decision

Australia - July 24 2013 On 19 April 2013, Associate Justice Holt of the Supreme Court of Tasmania handed down his decision in Aquagenics Pty Ltd v Tasmanian Water and…

Elizabeth Macknay.

‘Broad, liberal and flexible’: the interpretation of arbitration agreements by the Australian courts

Australia - August 9 2017 The recent Supreme Court of Western Australia decision of Fitzpatrick v Emerald Grain Pty Ltd [2017] WASC 206 involved a successful application to…

Elizabeth Macknay.