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Litigation and dispute resolution

Contractual boilerplate becomes unexpectedly . . . riveting

Warren Buffett famously said that “only when the tide goes out, do you discover who has been swimming naked”, which neatly captures the idea that it is only when there is a contractual problem, do you discover whether your contractual drafting has given you the protection that you need.  In a series of cases against

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September 1
Commercial Law Litigation and dispute resolution

“You know how to whistle, don’t you? You just put your lips together and blow.”

Whilst the key to whistling may have been summed up by Lauren Bacall to Humphrey Bogart in To Have and Have Not, it is, unfortunately, not nearly so easy to summarise Australia’s new whistleblower laws which took effect on 1 July 2019. The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth) provides a single,

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September 23
Employment Law Litigation and dispute resolution

When will “leave it to the experts” be a terrible idea?

There are many different ways to resolve contractual disputes.  As a consequence, when a contractual dispute arises, the question of which dispute resolution mechanism to use may become a further source of disputation.  For that reason, it is often a good idea to put some thought into dispute resolution clauses when the contract is being

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September 7
Commercial Law Litigation and dispute resolution

Avoiding contempt of court for breach of freezing orders: it’s a matter of trust

When we are not writing about things which we think are worth knowing here on the “Worth Knowing” section of this website, we can sometimes be found writing about things which we think are worth knowing in other publications. This month, Angus has an article in the Law Society of NSW Journal on a recent

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September 3
Litigation and dispute resolution SVL in the community

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
Commercial Law Litigation and dispute resolution PPSA Law