Resolving Disputes Without Court

In Brief Alternative Dispute Resolution (ADR) (meaning resolving disputes outside Court), can be a facilitative or determinative process (or a mixture of both). The main processes used in Australia are mediation, expert determination and arbitration.

Read More

Memorandum of Understanding

In Brief A non-binding agreement is usually called a Memorandum of Understanding where there will be no further agreement later, or a Heads of Agreement, Commercial Terms Sheet, or Letter of Intent where the parties intend to create a legal relationship between them later. For this Article, the whole range has the name MOU

Read More

Due Diligence

In Brief Do at least basic due diligence before every deal, even if you know the party well. Due Diligence enables you to understand who you are really contracting with, as opposed to what their marketing information may say.

Read More

Unfair Contract Terms

In Brief The Australian Consumer Law regulates the use of standard form contracts with consumers and small businesses via the Unfair Contract Terms regime. A standard form contract is essentially a consumer contract or small business standard contract

Read More