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Articles by Kenneth P. Hickman
In review: contract formation in Australia
All questions Contract formation Australian contract law comprises a combination of common law and statutory principles. While written contracts are the norm for complex commercial arrangements, there is no general requirement that all contracts be in writing.4 They may also be formed orally or by conduct.
Bank Guarantees In Australia: As Good As Cash?
In Short The Situation: The recent decision in Lanskey Constructions Pty Ltd v Westrac Pty Ltd [2022] WASC 90 involved an application by a contractor for injunctive relief in relation to a call on its security. The case turned on the meaning of the bank guarantee clause in the construction contract, which entitled the principal to make a demand on the bank guarantees to meet a 'bona fide claim' arising out of or in connection with the contract.
"Last Refuge of the Desperate"—Western Australia Supreme Court Rebuts Procedural Fairness Challenge to Arbitrator's Award | JD Supra
In Short The Situation: In line with other UNCITRAL Model Law jurisdictions, in Australia, the grounds on which to challenge the outcome of a commercial arbitration are narrowly circumscribed. Having chosen to resolve their disputes via binding and final arbitration, parties will not be readily afforded a second chance to re-agitate their claims before national courts.
Australia Obtains First "Misuse of Market Power" Settlement Under Amended Competition Law | Lexology
Australia's competition authority settles allegations that port operator misused its market power. The Australian Competition and Consumer Commission ("ACCC") secured a declaration in its first action under Section 46 of the Competition and Consumer Act ("CCA"), amended in 2017, that prohibits "misuse of market power" (detailed in this Alert).
Security-of-Payment Legislation In Australia - Litigation, Mediation & Arbitration - Australia
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