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Results: 1-10 of 49

Federal Court says “bullied” employee can’t have her cake and eat it too
  • Piper Alderman
  • Australia
  • July 12 2017

A Full Bench of the Federal Court has refused to award a former seafarer substantive damages for loss of income and associated losses after she had


Reasonable endeavours versus best endeavours
  • Piper Alderman
  • Australia
  • April 12 2017

As we all know, the terms "reasonable endeavours" and "best endeavours" are commonly used terms in construction contacting, and are also used as an


Is there still an implied term of reasonable notice on termination?
  • Piper Alderman
  • Australia
  • July 25 2016

It is generally accepted that where a contract of employment has no agreed duration and makes no provision for termination, the common law will imply


Requesting arbitration in a legal dispute: the importance of what you agreed
  • Piper Alderman
  • Australia
  • May 20 2015

Two recent decisions of Justice Hammerschlag in the New South Wales Supreme Court in John Holland Pty Limited v Kellogg Brown & Root Pty Ltd


High Court grants doctor relief despite successful self-help sperm acquisition
  • Piper Alderman
  • Australia
  • March 7 2014

The recent High Court decision of Clark v Macourt (2013) 304 ALR 220 which restates the proper method of formulating damages for breach of contract


ACCC pursues ByteCard in first unfair contract terms prosecution
  • Piper Alderman
  • Australia
  • August 6 2013

Hot on the heels of its recent report on the review of unfair contract terms, the Australian Competition and Consumer Commission (ACCC) has brought


ACCC unleashes the dogs in its first unfair contract terms prosecution
  • Piper Alderman
  • Australia
  • May 24 2013

The ACCC gave fair warning to businesses and now it has demonstrated that businesses need to take its stance on unfair contracts terms seriously. As


High Court to rule on consequences of breach of fiduciary duty
  • Piper Alderman
  • Australia
  • May 6 2013

Fiduciary duties arise in a variety of commercial contexts. One of the most common of these is the duty owed by a director to a company. In certain


Following the right steps: negotiating your way through a dispute resolution clause
  • Piper Alderman
  • Australia
  • April 11 2013

A recent Queensland Supreme Court case considered the issue of when a stay of proceedings should be granted in the context of dispute resolution


High Court rules on penalties for breach of contract
  • Piper Alderman
  • Australia
  • November 20 2012

A recent case before the High Court, involving 38,000 customers of the Australia and New Zealand Banking Group Limited who disputed the bank fees charged to them, will have a profound impact on any contracting party, in any industry, that has penalty or liquidated damages clauses in their contracts