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Where parties to a commercial contract agree to a dispute resolution procedure, they should comply with that procedure.

A Court will have regard to many considerations when determining the most appropriate jurisdiction to hear an action.

The long standing Court battle between Caterpillar and its Australian distributor Gough & Gilmour had its latest instalment in the Court of Appeal last month with the Court of Appeal finding that the distribution agreement was not a contract for the performance of work in an industry.

Expert determination is a form of dispute resolution that is quick, cost-effective and suitable for a variety of disputes.

If your contract contains an expert determination provision, you may have to abide by whatever the expert decides.

To ensure a group lottery win runs smoothly and is divided fairly, what syndicate members agree to should be in writing.

Many advertisers treat "conditions apply" as a magical incantation. I have known some to include these words in an advertisement, believing that they are then covered for all manner of exclusions.

Privacy legislation requiring notification of data breaches will shortly become federal law.

The Victorian Court of Appeal has provided further guidance in relation to how a contractual duty of good faith operates.

The amendments follow a comprehensive review of the legislation governing retirement villages in Western Australia.

Under exceptional circumstances, a purchaser of property in NSW may successfully recover their deposit from the vendor.

Time restrictions have become an increasingly common theme in construction industry disputes in Australia.

Off-the-plan buyers now will have greater protections that require developers to justify any sunset clause termination.

This case examined where a clause requiring a draft payment claim was seen to be operating outside the scope of the act.

To minimise the risk of disputes, builders and developers should have clear contract terms and regular communication.

A recent High Court decision considered the issue of estoppel based on representations made in commercial negotiations.

Construction contracts should be drafted to ensure a smooth and undisrupted cash flow up and down the contracting chain.