In Australia, as in many other countries, the economic
uncertainty affecting the Euro-zone countries has kept the
disputation of commercial, finance and supply contracts at levels
similar to those seen during the Global Financial Crisis (GFC).
There are a number of recent and ongoing disputes that stem from
the GFC, such as misrepresentation claims in respect of financial
products. The workload and waiting lists of all major commercial
courts in Australia has remained steady over the past year.
Perhaps predictably, disputes arising out of commercial
contracts have tended to involve many complex and interrelated
issues, extensive documentation and the need for technical and
expert involvement in any dispute resolution. This has meant that
such disputes are costly and time consuming and, as a result, have
placed greater demands upon the court system. Also, disputes have
arisen from the specific circumstances triggered by the economic
downturn such as margin lending
