IN BRIEF - FEDERAL COURT REFUSES STAY OF PROCEEDINGS
The recent Federal Court decision in
Buurabalayji Thalanyji Aboriginal Corporation v Onslow Salt Pty
Ltd [2017] FCA 1240 confirms the position that where
parties to a commercial contract agree to a particular dispute
resolution procedure, they must comply with that procedure unless
the party wishing to abandon it, in favour of recourse to the
courts, can show good cause.
APPLICATION FOR STAY OF PROCEEDINGS BROUGHT DUE TO ONE
PARTY'S NON-COMPLIANCE WITH DISPUTE RESOLUTION CLAUSE
Commercial agreements are drafted to address a range of
circumstances that could arise under a contract, including how
parties are to resolve disputes when they arise. While each dispute
resolution clause (DRC) will vary depending on the
nature of the agreement between the parties, they routinely
prescribe certain procedures and preconditions for resolving
disputes under a contract (including timeframes), prior to
commencing
