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Commercial Law

“See you in court!” (but which one to choose?)

Involvement in complex litigation is enough to get anyone into a right state – and all the more so when the Australian State in which the litigation is taking place is not a State in which you have a main place of business (or in which you have access to trusted lawyers).  A plaintiff gets to choose where litigation will

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December 9
2018
Commercial Law Litigation and dispute resolution

The very surprising winner in Australia’s first $1m+ sexual harassment verdict

This story is about a dentist (so we can’t show you his face on television, if anyone is thinking of buying the television rights to this article).  The dentist was alleged to have engaged in sexual harassment, and dismissed from the practice in which he was working. Subsequently, he he was sued, and ordered by the

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October 13
2018
Commercial Law Employment Law

Three things in this life are certain – death, taxes and fights over legal privilege

“ATO targets legal privilege”, cries the front page of today’s Australian Financial Review,  neatly bringing together the second and the third of life’s certainties (the first certainty being one with which we try not to concern ourselves unduly here at Worth Knowing). The article quotes ATO Commissioner Chris Jordan as having said in March that “[the

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October 9
2018
Commercial Law Litigation and dispute resolution

Getting the right dispute resolution clause is a matter of binding your own business

Monday’s experts (according to the Weddings Parties Anything song of the same name) “always know what’s cooking, how the game was lost, and how it could have been won”.  What this song doesn’t tell us, however (in an unfortunate lyrical oversight) is whether Monday’s experts would be of much assistance in resolving disputes about commercial

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August 11
2018
Commercial Law Litigation and dispute resolution

Say it isn’t so – the oral variation of contracts which prohibit oral variation

If a contract says that it can only be varied in writing, then it can only be varied in writing, yes? Well, actually (under Australian law), it ain’t necessarily so.  Perhaps surprisingly, Australian law will give effect to oral variations of contracts even if the contract contains a “no oral variation” (or as it is

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June 15
2018
Commercial Law Litigation and dispute resolution

In Mad Max dispute, all (Fury) roads lead to arbitration

So, let’s play a little word association game – what do you come up with if we give you “Mad Max” and “alternative dispute resolution”? There are, of course, a few different possibilities.   You might be thinking of the crowd in Mad Max: Beyond Thunderdome chanting, “Bust a deal, face the wheel” (which is one

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April 27
2018
Commercial Law Litigation and dispute resolution

The receivers tried to take this company’s stuff and you won’t believe what happened next

OK, we apologise for the clickbait headline, but this is an article about the Personal Property Securities Act 2009 (Cth) (the PPSA) – and we know that much of the PPSA is so snooze-worthy that cases concerning its application are recommended by 9 of 10 doctors as emergency substitutes when your prescription sleeping medication runs

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September 28
2017
Commercial Law Litigation and dispute resolution PPSA Law

When commercial arbitration goes against the grain

Breaking up (so the song tells us) is hard to do.  This proposition is no less true of commercial relationships than it is of personal relationships, which is why difficulties can arise in the enforcement of contractual dispute resolution procedures, such as agreements to arbitrate.  Once a dispute actually arises, one party to the agreement

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August 4
2017
Commercial Law Litigation and dispute resolution