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Navigating split dispute resolution clauses – where's Google Maps when you need it?
Insight 15 Jul 2019

A recent Supreme Court of Victoria decision sounds a warning to principals and contractors alike – your dispute resolution clause must be clear and unambiguous, because the court will not go out of its way to cure a commercially peculiar, ...

Singapore Convention on Mediation: a step towards easier enforcement of international settlements
Insight 11 Jul 2019

On 7 August 2019, the United Nations Convention on International Settlement Agreements resulting from Mediation (the Convention ) will be open for signature. It will come into force six months afte ...

Disputes as to the validity of an agreement - a matter for arbitration or the courts?
Insight 13 May 2019

A recent decision of the High Court confirms the scope of arbitration clauses that refer disputes 'under' a deed or agreement can be broad enough to capture disputes about the validity of the agreement.  Key takeaways The High Court has ...

International Arbitration - Australian courts' power to grant interim freezing orders
Insight 02 Nov 2018

The WA Court of Appeal has taken an expansive view of the power that Australian courts have to grant interim orders in support of international arbitrations. Specifically, it has confirmed that their power to grant interim freezing orders ...

Allens' submission to ALRC Class Actions Inquiry - time to revisit the checks and balances
Insight 14 Aug 2018

The Australian Law Reform Commission's Inquiry into Class Actions and Third Party Litigation Funders provides an important (and timely) opportunity to reflect on the operation of our class actions regime. We have made a detailed submission ...

Australian Financial Complaints Authority: a 'one-stop-shop' for financial dispute resolution
Insight 19 Jul 2018

Written by Partner Andrew Maher, Associate Ingrid Weinberg and Law Graduate Calypso Strauss The new Australian Financial Complaints Authority (AFCA) is to replace each of the Superannuation Complaints Tribunal (SCT or Tribunal), the ...

VLRC takes first cut at class action reform
Insight 22 Jun 2018

The Victorian Law Reform Commission has completed its review of Victoria's class action regime, with a particular focus on the effect of litigation funding. The report calls for national regulation of litigation funding, lifting the ban on ...

Class action and litigation funding review - ALRC grapples with thorny issues
Insight 06 Jun 2018

As part of its current inquiry into class actions and litigation funders, the Australian Law Reform Commission has released a discussion paper that is a timely contribution to the long-running debate on the appropriate regulation of class ...

Competing class actions - the court takes control
Insight 24 May 2018

The Federal Court has made orders permanently staying two competing shareholder class actions against GetSwift Limited and allowing a third class action to proceed. The latest in a series of judgments where the courts have grappled with ...

Subpoenas under the IAA: Foreign-seated arbitrations need not apply
Insight 18 Oct 2017

A recent Federal Court decision suggests a narrow approach to judicial support of international arbitrations, limiting access to evidence located in Australia for parties of foreign-seated arbitrations. Partner Nick Rudge and Overseas  ...

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