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

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,

For many years, Angus has coached intervaristy mooting teams in competitions which involve international disopute resolution (and in particular, international commercial arbitration).  Last year, he coached students from the Thomas More Law School at the Australian Catholic University (who were good enough, despite Angus’ coaching, to finish 27th out of 372 universities competing in Vienna).

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

Jean-Paul Sartre, as it turns out, never said, “Hell is other people” (although he did use that line in his 1944 play called Huis Clos, or No Exit).  Nor, as far as our researches have disclosed, did Sartre have much to say about work health and safety.  This is perhaps surprising, given the importance of duties which are

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

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

The High Court of Australia has granted special leave to appeal in a case concerning the duty of care which an employer owes to an employee when conducting workplace investigations.  The grant of special leave does not necessarily mean that the law will change, but it does provide a useful opportunity to consider some of

it is sometimes said that there is no limit to the ingenuity of lawyers, which may go some way to explaining why a plaintiff complaining of a slip and fall in a Paris hotel shower was suing a Singapore company in the Supreme Court of New South Wales last month. However, the plaintiff did not