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Dispute Resolution Australia

K&L Gates LLP

Australia-China Cross-Border Commercial Disputes – Where Should They be Resolved?

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Following efforts by the Australian and Chinese governments to improve bilateral relations and restore trade in sectors significantly affected by COVID-19-era geopolitical tensions, we have seen a renewed interest in...more

K&L Gates LLP

Institutional Abuse Claims in Victoria—Legal Identity of Defendants (Organisational Child Abuse) Act 2018 Applies to Secondary...

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On 8 February 2024, the High Court of Australia refused to grant the Catholic Archdiocese of Melbourne (Archdiocese) special leave to appeal from the Victorian Court of Appeal’s decision in The Catholic Archdiocese of...more

K&L Gates LLP

Kneale v Footscray Football Club Ltd – Cautions for Both Sides of Institutional Abuse Claims

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The question of vicarious liability in the context of nonemployment relationships has been a key issue confronting courts dealing with institutional sexual abuse claims. Indeed, the High Court of Australia will soon deliver...more

K&L Gates LLP

Medical Panel Referrals and Determinations in Multi-Defendant Claims

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Introduction - In Victoria, an injured plaintiff who brings a public liability or medical negligence claim is usually required to demonstrate they have suffered a 'significant injury,' before they are entitled to claim...more

K&L Gates LLP

"You Promised Not to Say That!" Non-Disparagement Clauses in Settlement Agreements

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When a dispute of any kind is resolved, a "non-disparagement" clause is often included in the settlement agreement to prevent parties from adversely commenting publicly about each other in the future. Especially where there...more

K&L Gates LLP

Goodridge & Anor v Baker [2023] VSC 331

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This is a Limitations of Actions Act 1958 (Vic) (LAA) ruling that was handed down on 16 June 2023 in the context of a medical negligence claim. Adam and Michelle Goodridge brought an application for an extension of time in...more

K&L Gates LLP

Will Group Costs Orders "Anchor" Class Actions in Victoria?

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INTRODUCTION - The Victorian Supreme Court is fast becoming the jurisdiction of choice for class actions. This is because on 1 July 2020 the Victorian Supreme Court was given power to make orders permitting a law firm to be...more

K&L Gates LLP

Check Your [Legal Professional] Privilege - A Timely Reminder From the Federal Court of Australia

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In Commissioner of Taxation v PricewaterhouseCoopers [2022] FCA 278, the Federal Court of Australia has found that the majority of 116 sample documents considered by it were not subject to legal professional privilege and...more

White & Case LLP

Managing construction risks in Asia-Pacific: Australia

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Australia is a highly advanced mixed economy, but investors – often drawn to the country's economic stability and resilience – should be aware of certain clauses that typically appear in construction contracts. Australia...more

K&L Gates LLP

International Arbitration in Australia: ACICA Releases 2021 Edition of Arbitration Rules

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Australia’s premier international dispute resolution institution, the Australian Centre for International Commercial Arbitration (ACICA), released its 2021 Edition of its Arbitration Rules (2021 Rules) earlier this year. The...more

K&L Gates LLP

Changes to the Franchising Code Now Apply

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On 1 June 2021, the Australian Government released amendments to the Franchising Code of Conduct and a number of these have already begun to apply. A summary of when various key changes take effect is set out below. ...more

Jones Day

Western Australia Proposes Building and Construction Industry (Security of Payment) Bill 2020

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The Western Australian government has sought industry comment on a suite of significant proposed reforms to the WA security of payment regime ("SOP"). If passed, the Bill represents the most significant reform to the...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – June 2020: Coronavirus & Construction Contracts - Causation, Force...

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Large construction projects, by their very nature, carry significant commercial and financial risk for the parties involved. Contributing to this overall risk is the reality that an act of nature or other circumstance beyond...more

Hogan Lovells

The Efficacy of Using Independent Experts in Dispute Resolution Clauses – Are they Practical for Complex Disputes?

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In the recent decision of Onslow Salt Pty Ltd v Buurabalayji Thalanyji Aboriginal Corporation [2018] FCAFC 118 (‘Onslow v BTAC’) the full bench of the Federal Court dismissed an appeal regarding the Federal Court’s first...more

K&L Gates LLP

AFCA is Coming: an Overview of the new Australian Financial Complaints Authority

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On 14 February 2018 the Australian Government passed the Treasury Laws Amendment (Putting Consumers First – Establishment of the Australian Financial Complaints Authority) Bill 2017 (AFCA Bill). The AFCA Bill implements...more

K&L Gates LLP

Attention Commercial Credit Providers – Deadline Looms and Uncertainty on EDR

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Commercial credit providers (CCPs) may be required, by the current Australian privacy laws, to join an external dispute resolution (EDR) scheme (EDR scheme) by 12 March 2015 if they wish to continue participating in credit...more

K&L Gates LLP

Credit Law Regulatory Update – The Year in Review and What’s Next

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The 23rd Annual Credit Law Conference was held on 2 October – 4 October 2013 and attended by over 200 delegates from the financial services industry. The Conference provided an informative overview of key changes that will...more

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