Reading time – 5 mins A commercial contract (Commercial Contract) is a legally binding agreement between two (2) or more parties that contains the terms and conditions for a mutual exchange of value, such as goods or services for financial…

International commercial arbitration offers significant benefits to businesses engaged in international transactions.  It enables them to resolve disputes quicker, at a lower cost, and with greater enforceability than can normally be achieved through national Courts. The five (5) key benefits…

Arbitration is a private process where parties to a commercial contract agree (Arbitration Agreement) to let an arbitrator[1] (Arbitrator) make a binding decision on a dispute between them, without recourse to national Courts.  The Arbitrator receives evidence, hears arguments and…

The wrongful or ‘tortious interference’ with a contract occurs when a third party intentionally causes a contracting party to commit a breach of contract.  The third party will be liable if they intentionally induced or disrupted a party’s ability to…

The case of Optus Networks Pty Ltd v Telstra Corporation Ltd (2010) 265 ALR 281; [2010] FCAFC 21 at paragraph 39, showed that a cause of action for a breach of confidence must have the following four (4) elements: the information in question must be…

Recitals, also known as the ‘preamble’ or ‘details’ clauses (Recitals) are introductory statements at the start of a contract that provide context, background or reasons for the terms and conditions that follow.  They have been historically used by the Courts…

Should it be held that a director of a company has breached their statutory duties, as contained in the Corporations Act 2001 (Cth) (Act), then the question arises as to how a Court will determine the amount of compensation to…